Development and principles of international humanitarian law : course given in July 1982 at the University of Strasbourg as part of the courses ... of Human Rights (Nijhoff Law Specials, No. 2)

Development and principles of international humanitarian law : course given in July 1982 at the University of Strasbourg as part of the courses ... of Human Rights (Nijhoff Law Specials, No. 2)

Jean Pictet

Language: English

Pages: 108

ISBN: 9024731992

Format: PDF / Kindle (mobi) / ePub


Book by Jean Pictet, International Institute of Human Rights

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Swiss Government, about a dozen agreements were arrived at. One of them, signed on 26 April 1918, provided for the repatriation of 100,000 elderly prisoners who had been in captivity for long periods. This experience supplied material for the future Convention relative to the treatment of prisoners of war concluded at Geneva in 1929 to cover all aspects of captivity. While confirming earlier principles, the Conven- tion made substantial advances, such as: forbidding reprisals against protected

that a government cannot have more mortal enemies than those who attempt to overthrow the established regime by force. It is self-evident to the government that they are criminals and it wants to have its hands free to crush the uprising with no interference from anyone who proposes to judge the legitimacy of the means it uses. It is not surprising therefore that humanitarian efforts in this delicate area have 46 always encountered strong resistance from states and always had to deal with two

them and they are too general in character. Consequently there is a principle of the law of war which has never been written, but is implicit: what is not forbidden is permissible. This is why we would search in vain for a statement that anyone has the right to kill, wound or capture an adversary in uniform, to destroy installations or objects useful for national defence, etc. As Jacques Moreillon puts it, he who kills in peacetime may be sentenced to death or life imprisonment; he who kills in

commits itself, vis-a-vis the other signatories, to treat its own citizens humanely if a conflict should break out on its own territory. One can see at a glance that the commitment to other states - which is secondary, being only a means and not may not be at all interested an end. The real commitment is made by each state vis-a-vis any group of its people who might rise against it. These will be the people to benefit from it, and not other states, whose intervention is likely to be unwelcome. In

necessaire des lois et coutumes applicables en cas de conflit, Geneva, 1969. Frits Kalshoven - Belligerent Reprisals, Leiden, 1971. Frits Kalshoven - The Laws of Warfare, Leiden and Geneva, 1973. Michel Veuthey - Guerilla et droit humanitaire, Geneva, 1976. Yves Sandoz - Des armes interdites en droit de guerre, Geneva, 1975. F. de Mulinen - Pour un enseignement efficace du droit de Ia guerre. Revue militaire suisse, Lausanne, No. 3, March 1976. F. de Mulinen - A propos de Ia Conference de Lucerne

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