Basic Principles of Humanitarian Law - Research Paper Example

Humanitarian Issues Question A: Basic Principles of Humanitarian Law There are various principles underlying humanitarian law. These principles are important because they mainly pertain to military operations during crises and how the objectives that military should have, as well as the feasible precautions, which should be observed to avoid injury to civilians and loss of life, incidentally (Lepard 237). Therefore, humanitarian intervention should be considered, if there is actual existence and likelihood of persistent human right violations. Such intervention should be authorized, especially if diplomatic efforts have born no fruit. The humanitarian law principles are also meant to govern the behaviour of all pubic authorities’ persons or groups (Arnold and Quénivet 54). Given that main research questions are; what are the common, basic humanitarian law principles and to what extent these principles are observe, the essay discusses the basic principles of humanitarian law. In humanitarian law, there are basic principles such as military necessity. Military necessity is a principle which should be observed to ensure that aid reaches those who require it, by engaging military officers to perform the function (McCormack and McDonald 6). This is because military officers are trained to address humanitarian issues even in very dangerous circumstances. They have undergone training on saving lives, protecting themselves and protecting and assisting needy victims of war or other calamities. Another humanitarian law principle is that of limited warfare, which restricts the extent to which military becomes essential so as to achieve the military objectives. Therefore, based on various circumstances, military necessity has various contours which are circumstance specific (Fleck and Bothe 123). Limited warfare entails the prohibition of warfare methods which lead to long term, widespread and severe damages to the environment (Fleck and Bothe 124). There is also the principle of distinction which requires that there should be an appropriate distinction between activities that prevent or accelerate the war effort (McCormack and McDonald 6). Distinction requires that there should be determination of prioritise so that aid reaches only legitimate beneficiaries so that it does not contribute to the war effort. The principle of humanity is also a humanitarian law principle. Torture and assassinations should be prohibited. Unnecessary suffering should be limited, as much as possible (McCormack and McDonald 7). Wounded victims should be spared and other people ought to come in and help them. All other victims of war should be helped to enjoy human rights. For instance, through relief operations, it is possible to observe the principle of humanity by providing the necessary help to people in distress (McCormack and McDonald 7). This includes provision of clothing, food, shelter, medication and movement to safety, if their current location is unsafe or vulnerable. Therefore, in conclusion, observation of humanitarian law principles is imperative during conflicts and crises because this ensures utmost protection of civilian population. It also ensures that there is no use of maux superflus so that there is no use of materials and weapons which cause excessive suffering (Fleck and Bothe 124). These weapons may also cause severe environmental damage. Therefore, protection to the environment should be considered as a humanitarian law aspect. For instance, in Yugoslavia, the International Criminal Tribunal stated that the use of weapons that cause unnecessary suffering as a crime of war (Cassese 555). Question B: Description of David Rieff’s Thesis in A Bed for the Night Observation and adherence of the international humanitarian principles is a major concern in the current world, which is characterised with numerous humanitarian crises and natural disasters. In this essay, David Rieff’s thesis in A Bed for the Night has been described and views in support of the thesis have been given. The main research question that need to be answered include; are there any hopes of achieving international humanitarian law principles, do international peace institutions and powerful countries of the world promote or hinder adherence to humanitarian law principles and the contradictory actions taken by such institutions and countries that have been witnessed. According to Rieff, there is no distinction between pessimism and cynicism. Most people tend to be optimistic about the future when wars and famines occur. However, Rieff sees little or no empirical basis for optimism. In addition, the world has called for humanitarian emergencies, which have led to worldwide concern, without further thought misleadingly (Rieff 5). In support of these claims, it has been noted that some crises are given higher priority than others. For instance, the reaction to the September 11 terrorist attack was featured more than the massacre in Rwanda and Kabul (Rieff 5). Political aims and activities lead to activities which are against humanity such as torture. For instance, America responded to attacks by instilling political and military measures so as to protect itself from future attacks. There is a dilemma to what ought to be humanitarian approach to issues, when some powerful countries resolve to violence (Rieff 5). Therefore, there seems to be no world consensus on what matters most in terms of humanity issues. International treaty regimes and institutions are more concerned about power rather than humanity (Rieff 9). There is no hope since the world seems to be very cruel. Leaders in the forefront of promoting humanity just pay lip service while making their promises, but they act against their word (Rieff). I am in agreement with Rieff’s thesis because international peace institutions such as the UN and the world’s most powerful countries have failed to adhere to the principles of humanitarian law, in practice. For instance, the United Nations is charged with the responsibility of maintaining international peace and security and this is supposed to be achieved through peaceful negotiation, arbitration, mediation, and other peaceful but workable means to solve cross border disputes (Moore 23). However, articles within the constitution of the UN promote coercive security actions such as economic sanctions and sending military to an area of crisis, if there are threats to peace. Therefore, such organisations and powerful countries only make war to end in theory, but in practice, they act contrary. A perfect example is the authorization of the Security Council to member states to use force in protecting Kurds and Shiite Muslims in Iraq, and in Bosnia (Moore 23). This was aimed at ensuring compliance with the military flight ban that was meant to protect UN troops as they offered humanitarian relief supplies. This authorization was also aimed at deterring attacks against the safe areas declared by UN (Moore 23). In other instances, the UN has been allowing the US to invade other countries such as Haiti, among others, operations which normally end up being bloody. Innocent civilians are killed, wounded and put under distress in the name of promoting peace and humanitarian rights (Moore 23). In conclusion, the world seems to be very cruel to an extent that there is no hope for absolute adherence to international humanitarian law principles. This is because peace organisations and other political actors who influence the world such as superpower countries act contrary to their jurisdictions. In the field of research, it may be difficult to obtain straight forward information about how international peace organisations have failed. This is because this analysis requires a critical review of the actions taken by such organisations and countries against the provisions of humanitarian law in their articles or constitution. Question C: Definition of Protection in Terms of Humanitarian Issues, with Examples During disasters such as war, famine and other natural calamities, the need for protection is important. Protection ensures that civilians, for instance, are not starved during periods of war. Secondly, sustainability should be observed. As a result, foodstuffs and other objects that have sustenance value to the civilians should be protected. Protection promotes a people’s ability to cope with future adversity. This essay defines protection in terms of humanitarian issues and provides examples of cases where protection of civilians has been successful. The main research questions in this case are; what entails humanitarian protection, are protection and assistance related or substitutes and whether civilians can initiate their own protection or they should have to wait for humanitarian actors. Protection involves the guarding civilians from incurring severe consequences of war, famine and other calamities. Humanitarian organisations have the responsibility of solving problems that create humanitarian emergencies. For instance, civilians require protection from armed conflicts so that they are safe from being wounded, losing their lives and suffering unnecessarily (Ferris 1). Protection may be in the form of assistance, where humanitarian actors offer services that reduce the vulnerability of civilians to the negative consequences of disasters. Humanitarian protection should adhere to human rights law. Issues such as proliferation of small arms, security, sexual exploitation of women and children in conflict and justice issues of impunity and property rights should be addressed (Desai and Potter 463). This prevents further suffering and promotes access to humanitarian aid which promotes international human rights. Protection is made possible through efforts and support of community and local institutions so that basic needs of victims of disasters or armed conflict are met. For example, in Southwest Columbia, local communities came together and organised themselves to protect their rights (Ferris 63). This happened as they were attacked and displaced. Another example is that of Kandahar. The internally displaced people of this region sought protection from local strongmen and power brokers (Ferris 64). In Spain, purely protection programmes have been adopted without much success. This is because protection and humanitarian access to safety go hand in hand. Therefore, assistance funded by donors should be accompanied by protection. (DARA 198) In conclusion, it is imperative to note that protection is extremely essential during crisis times and times of disasters. This is because humanitarian protection prevents unnecessary suffering among civilians and promotes environmental conservation. In turn, sustainability is enhanced through protection. Works Cited Arnold, Roberta and Noëlle N R Quénivet. International Humanitarian Law and Human Rights Law: Towards a New Merger in International Law. Boston: Martinus Nijhoff Publishers, 2008. Print. Cassese, Antonio. Realizing Utopia: The Future of International Law. Oxford: Oxford University Press, 2012. Print. DARA. Humanitarian Response Index 2011: Addressing the Gender Challenge. Geneva: DARA Press, 2011. Print. Desai, Vandana and Robert B. Potter. The Companion to Development Studies. New York: Routledge Publications , 2008. Print. Ferris, Elizabeth G. The Politics of Protection: The Limits of Humanitarian Action. Washington, D.C: Brookings Institution Press, 2011. Print. Fleck, Dieter and Michael Bothe. The Handbook of International Humanitarian Law. Oxford: Oxford University Press, 2013. Print. Lepard, Brian D. Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions. Pennsylvania: Pennsylvania State University Press, 2002. Print. McCormack, Timothy and Avril McDonald. Yearbook of International Humanitarian Law. Cambridge : Cambridge University Press, 2006. Print. Moore, Mike. Bulletin of the Atomic Scientists: Peacekeeping, a Glass Half Empty, Half Full. Chicago: Educational Foundation for Nuclear Science Press, 1995. Print. Rieff, David. A Bed for a Night: Humanitarianism in Crisis. London: Vintage Press, 2002. Print. Read More