Application Of Ihl In Darfur Essay

2597 words - 10 pages

The contemporary era has made conflict an international priority, a world phenomenon, and a global concern for the welfare of all states. Ostensibly, war has existed for quite some time, and the current global hegemony has not conclusively provoked further conflict, but rather, developed mechanisms to protect those affected by the circumstances of an armed conflict. International Humanitarian Law (IHL) was devised by the Geneva Conventions, a paramount composition of accords that followed the Second World War in a historical juncture that would persuade political powers of the world that it was necessary to establish a customary structure to the time of war. Predominantly, the conditions of the non-militants, or civilians, as well as the conditions of the militants involved in the war. IHL would essentially establish normative humanitarian standards among enemies concurrent with an armed conflict.1
The Geneva Conventions, alongside the Universal Declaration of Human Rights (UDHR), and the Hague Conventions of 1899 and 1907, delineate IHL, and in some context, International Human Rights Law (IHRL). This analysis will concentrate itself primordially on the Genova Contentions. Likewise, there are four conventions, and three additional protocols, being; the First Geneva Convention, for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949), the Second Geneva Convention, for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (1949), the Third Geneva Convention, relative to the Treatment of Prisoners of War (1949), the Fourth Geneva Convention, relative to the Protection of Civilian Persons in Time of War (1949), Protocol I additional to the Geneva Conventions, relating to the Protection of Victims of International Armed Conflicts (1977), Protocol II additional to the Geneva Conventions, relating to the Protection of Victims of Non-International Armed Conflicts (1977), and Protocol III additional to the Geneva Conventions, relating to the Adoption of an Additional Distinctive Emblem (2005).2
The Geneva Conventions, and correspondingly IHL, are an ideal for which humanity desires intensely, despite, its conceptual flaws. Throughout the existence of IHL, and IHRL, it has been ambiguously defined, and moreover, the responsibility of applying it, has been dubious, as international tribunals, such as the United Nations’ (UN) International Court of Justice (ICJ), and the International Criminal Court (ICC), have encountered significant international pressure for its conduct, and threat to national sovereignty. Despite the coherent accountability to protect civilians, militants, and otherwise humanitarian workers, the responsibility is frequently absent, as it is unclear as to who is responsible for applying it, or whether there are sufficient means to apply it. The recent humanitarian crisis in Darfur, Sudan, is evidence to the previous, as IHL failed to protect innocent...

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