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International Humanitarian Law. Origins. Hammurabic Code (1772 BCE). Justinian Code (7 th Century CE). English Common Law. U.S. Bill of Rights 1791. Lieber Codes: Civil War. Memory of Solferino , Henry Dunant. Geneva Convention 1864.
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Origins Hammurabic Code (1772 BCE) Justinian Code (7th Century CE) English Common Law U.S. Bill of Rights 1791 Lieber Codes: Civil War Memory of Solferino, Henry Dunant
Geneva Convention 1864 • Ambulances, military hospitals, personnel recognized as neutral • Citizens assisting wounded are protected • Wounded/sick combatants collected and cared for • The symbol of a red cross on a white background (reverse of the Swiss flag) identifies neutral, medical personnel
Adjustments/Amendments • 1949: New rules governing the treatment of POWS • 1977: Prohibition of child recruitment in armed forces, protecting of cultural objects and places of worship
Standard POW package Circa 1943
Consequences of Non-Compliance • Economic and/or political sanctions (usually imposed by United Nations) • Nations that are party to the Geneva Conventions must pass domestic legislation providing penalties for violations • Serious violations (breach) is regarded as a war crime (ex. Torture, hostage taking, rape, etc.)
Special Trials/Tribunals • Nuremberg (1945-46) and Tokyo (1946-48) • UN War Tribunals: Former Yugoslavia & Rwanda
International Criminal Court • July 1, 2002 • 60 nations