31-10-2002 What are the origins of international humanitarian law? Extract from ICRC publication "International humanitarian law": answers to your questions To answer this question we have to ask other questions.
Humanitarian law prior to its codification
It would be a mistake to claim that the founding of the Red Cross in 1863, or the adoption of the first Geneva Convention in 1864, marked the starting point of international humanitarian law as we know it today. Just as there is no society of any sort that does not have its own set of rules, so there has never been a war that did not have some vague or precise rules covering the outbreak and end of hostilities, as well as how they are conducted.Taken as a whole, the war practices of primitive peoples illustrate various types of international rules of war known at the present time: rules distinguishing types of enemies; rules determining the circumstances, formalities and authority for beginning and ending war; rules describing limitations of persons, time, place and methods of its conduct; and even rules outlawing war altogether. (Quincy Wright) The first laws of war were proclaimed by major civilizations several millennia before our era: I establish these laws to prevent the strong from oppressing the weak. (Hammurabi, King of Babylon) Many ancient texts such as the Mahabharata, the Bible and the Koran contain rules advocating respect for the adversary. For instance, the Viqayet a text written towards the end of the 13th century, at the height of the period in which the Arabs ruled Spain contains a veritable code for warfare. The 1864 Convention, in the form of a multilateral treaty, therefore codified and strengthened ancient, fragmentary and scattered laws and customs of war protecting the wounded and those caring for them. The Lieber Code
From the beginning of warfare to the advent of contemporary humanitarian law, over 500 cartels, codes of conduct, covenants and other texts designed to regulate hostilities have been recorded. They include the Lieber Code, which came into force in April 1863 and is important in that it marked the first attempt to codify the existing laws and customs of war. Unlike the first Geneva Convention (adopted a year later), however, the Code did not have the status of a treaty as it was intended solely for Union soldiers fighting in the American Civil War. |