ブックタイトル人道ジャーナル第3号

ページ
7/288

このページは 人道ジャーナル第3号 の電子ブックに掲載されている7ページの概要です。
秒後に電子ブックの対象ページへ移動します。
「ブックを開く」ボタンをクリックすると今すぐブックを開きます。

ActiBookアプリアイコンActiBookアプリをダウンロード(無償)

  • Available on the Appstore
  • Available on the Google play
  • Available on the Windows Store

概要

人道ジャーナル第3号

The Journal of Humanitarian Studies Vol. 3, 2014conflicts which took place in the meantime, and new treaties were added in 1899, 1929, 1949 and 1977 to protectshipwrecked sailors and hospital ships, prisoners of war and the civilian populations affected by war. However,we may safely assume that all subsequent developments of international humanitarian law were based on thesetwo principles, which are also the bedrock of humanitarian action today.150 years later, what have been the main challenges which the Geneva Conventions had to face over time? Whatare the main challenges today?From a historical perspective, the main challenge was to ensure the adequacy of international humanitarian law tothe new forms of warfare. By its very nature, warfare has been ? and is ? constantly evolving since eachbelligerent always tries to surprise his adversary with new weapons, new means and new methods of warfare.There was always the risk that codification may lag behind and that humanitarian rules might become increasinglyirrelevant. However, substantive rules are based on principles which transcend times and humanitarian law canadapt to new forms of warfare provided there is a willingness to respect it. Furthermore, it is well accepted thatnew weapons have to comply with existing rules, and not the other way round. This also applies to nuclearweapons, drones, robots, suicide bombers and cyber-warfare. Lastly, humanitarian law is not only based ontreaties but also on international custom, which reflects the evolution of State practice.The main challenges today defy the very roots of the original Geneva Convention. Indeed, what we observe withdismay in Afghanistan, in Somalia, in Syria and in other theatres of war are attacks directed at medical facilitiesand medical personnel, whether military or civilian, with the objective of denying adversaries and civilianpopulations any form of medical assistance, so as to spread terror among the populations and paralyse theadversary. What we observe today is an increasing tendency to select the victims which deserve humanitarian ormedical assistance and those who do not, as well as increasing obstacles to impartial humanitarian action andattacks against humanitarian workers. Medical personnel and volunteers of Red Cross or Red Crescent Societiesare targeted.However, history has taught us that trampling on the fundamental principles of neutrality and impartiality has aprice. The consequence is a drift towards unlimited violence and total war, leading to utter destruction and untoldsuffering.The international community should seize the opportunity of the 150th anniversary of the original GenevaConvention to reaffirm the intangible nature of the principles of impartiality and neutrality of medical action,which underlie the 1864 Geneva Convention as well as contemporary international humanitarian law.(4 November 2013)人道研究ジャーナルVol. 3, 2014 5