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| Broken Rules, Broken Lives | |
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 The Chinese People's Liberation Army Navy hospital ship Peace Ark provides free healthcare services in Maputo, capital of Mozambique, during its Mission Harmony-2024 tour on August 13 (XINHUA)
As we observe the 75th anniversary of the adoption of the 1949 Geneva Conventions (hereinafter referred to as the Conventions), which are deemed the most essential treaties in international humanitarian law as they provide a widely accepted and comprehensive framework for protecting individuals during armed conflicts, their relevance is underscored by the ongoing challenges in ensuring the protection of civilians, prisoners of war and the wounded. However, despite the universal agreement on these rules of war, their practical application more often than not faces violations, as evidenced by the numerous armed conflicts raging around the globe today. The Conventions comprise over 400 articles that articulate all-inclusive protections, including the prohibition of torture, the safeguarding of hospitals and medical staff, and the allowance of humanitarian aid. Responsible response In the face of modern warfare's evolution, with more advanced and much deadlier military technologies, as well as cyber warfare, the Conventions' adaptability is continually put to the test. The principles they enshrine, including the humane treatment of non-combatants and the respect for basic human rights, are as vital as ever. They serve as a moral compass, an ethical manual guiding combatants to maintain a minimum of civility amidst the chaos and carnage of war. The Conventions also act as a legal framework for accountability, offering a basis for prosecuting war crimes and ensuring that even in times of war, there are limits to how hostilities can be conducted. Yet, their applicability is not devoid of challenges. Enforcing them in contemporary times presents a complex array of challenges. The Conventions now face difficulties due to the aforementioned changing nature of warfare, including the rise of non-state actors and asymmetric warfare which often blur the lines of combat and complicate accountability. Moreover, the international community's response to violations has proven time and again to be inconsistent, with geopolitical interests sometimes influencing whether and how transgressions are addressed, as we see currently the differential treatment of worthy and unworthy victims. The proliferation of armed conflicts, particularly in Africa and the Middle East, and proxy wars with the involvement of multiple parties further strain the capacity to monitor and enforce strict compliance. What's more, the Conventions themselves may need some adjustment and adaptation to address the realities of 21st-century conflicts. The nature of modern warfare, with its urban settings and advanced technologies, poses new challenges to the enforcement of the Conventions. The deliberate targeting of medical facilities, schools and ambulances, as well as the killing of aid workers and civilians in times of conflict are flagrant violations. Such actions not only contravene the Conventions but also erode the very principles of humanity that they aim to uphold. The international community faces a critical juncture in addressing these violations and ensuring that those responsible are held accountable, whether through national jurisdictions or global bodies like the International Criminal Court, an independent international tribunal established to prosecute individuals for serious crimes of international concern which officially came into being in 2002. Relevant reflections An increasingly troubling pattern of Conventions violations is emerging in several global conflicts. For instance, the ongoing wars in several parts of the globe have seen an increase in such breaches, as noted by the International Committee of the Red Cross (ICRC), whose work is guided by the Conventions. On the occasion of the 75th anniversary of the Conventions on August 12, the ICRC highlighted the urgent need for renewed commitment to international humanitarian law, especially given the current disregard for the rules of war in conflict-ridden regions such as the Gaza Strip and Ukraine. Similarly, the United Nations has documented a substantial rise in civilian casualties in armed conflicts, with over 33,443 civilian deaths recorded in 2023, marking a 72-percent increase from the previous year. This stark number reflects the dire state of civilian protection and underscores the widespread violations of the Conventions designed to safeguard non-combatants. Improving the enforcement mechanisms of the Conventions is a multifaceted challenge that requires a concerted effort from the international community. Forming the cornerstone of international humanitarian law, they are designed to protect the vulnerable during times of war and to limit the barbarity of armed conflict. Enhancing the Conventions' enforcement requires a more robust system of accountability that includes monitoring, reporting and adjudicating violations. This could involve strengthening international courts and tribunals, and ensuring they have the jurisdiction to prosecute war crimes effectively without any undue political interference. Additionally, there is a need for greater political will among nations to uphold and respect the Conventions. States can enact national legislation that aligns with them, ensuring that violations are punishable under domestic law. Furthermore, military training programs should incorporate international humanitarian law to foster a culture of compliance among combatants. The role of civil society and non-governmental organizations is also fundamental in advocating for adherence to the Conventions and in providing education on their importance. Lastly, the use of modern technologies and the Internet can be leveraged to increase transparency and to disseminate information widely about the obligations and protections under the Conventions. But ultimately, the path to improving humanitarian protection and promoting universal peace is a collaborative effort that spans across multiple sectors and disciplines. It requires the engagement of governments, non-governmental organizations, the private sector and civil society to create an environment where peace and protection are not only aspirational goals but tangible realities. By combining immediate humanitarian actions with long-term peace-building strategies, it is possible to create a more secure and stable world for all. While we reflect on the legacy and impact of the Conventions 75 years after their establishment, it's evident that they have played a pivotal role in shaping the conduct of hostilities and framed the treatment of individuals in times of war. Their continued importance and relevance are not just historical but practical, as they still provide a set of guidelines that, when adhered to, can partially mitigate the horrors of war. The ongoing dialogue about their significance and the need for adherence to the Conventions is a testament to their enduring impact. As conflicts are continuously evolving in different parts of the world, the Conventions remain a crucial framework for protecting human dignity and limiting the barbarity of war. The author is chief of Governance and State-Building Section, United Nations Economic and Social Commission for Western Asia (UN-ESCWA). This article was first published on cnfocus.com Copyedited by Elsbeth van Paridon Comments to dingying@cicgamericas.com |
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