A single universal or national law cannot curb terrorism or acts of terror by their very nature. What one can discuss is the use of force by state and non-state actors under international law. Then only it is possible to contextualize the notion that terrorist attacks fall under some kind of a legal framework.
QUESTION Health workers are often the first to provide much needed medical services to those affected by armed conflict and yet unfortunately, we frequently see violations committed against them, health care facilities and those receiving medical care or assistance. Discuss what challenges are posed to the provision of health care in situations of armed conflict giving relevant examples where applicable and elaborate on how International Humanitarian Law IHL provides for the protection of health care under the Geneva Conventions, Additional Protocols and other relevant laws; being careful to point out where you think gaps, if any, exist in the law.
International humanitarian law and international human rights law share the goal of preserving the dignity and humanity of all.
It comprises the Geneva conventions, the Hague convention, subsequent treaties, case laws, and customary International laws3. The Geneva Conventions ofits Additional Protocols and other Laws Geneva Conventions are series of international agreements that were developed to protect the wounded combatants and civilians during times International humanitarian law essay war or other associated conflicts.
The campaign for such laws began with the publication Un Souvenir de Solferino4 A Memory of Solferino, ; translated by Swiss philanthropist Jean Henri Dunant, describing the suffering of wounded soldiers at the northern Italian battlefield of Solferino in June P,Humanitarian Law 3 Op cit 4Dunant.
H,A Memory of Solferino, taking, and extra-judicial sentencing and executions. In each category, protection extends to the medical, religious, and humanitarian aid personnel helping affected groups.
As of Januarystates were signatories to the Conventions5. The First Geneva Convention of covers the protection and care for the wounded and sick of armed conflict on land. The Second Geneva Convention concerns the protection and cares for the wounded, sick and shipwrecked of armed conflict at sea.
The Third Geneva Convention relates to the treatment of prisoners of war. The Fourth Geneva Convention concerns the protection of civilians in time of war. Since three Protocols have been adopted to the Geneva Conventions. Additional Protocol I of relates to the protection of victims of international armed conflicts.
Additional Protocol II of the same year covers the protection of victims of non-international armed conflicts. IHL also includes a series of other treaties relating to specific weapons, tactics or protected persons and objects such as; the Convention on the Protection of Cultural Property during armed conflict, the Biological Weapons Convention, the Convention on Conventional Weapons, the Convention on Chemical Weapons and the Ottawa Convention on anti- personnel mines.
In addition to treaty law, there is a considerable body of customary international humanitarian law. This has been catalogued in a major study by the ICRC and the customary rules that apply to armed conflict based on State practice.
Health The right to health is understood as the right to have access to health services. However, it is not an absolute right, as such, to be in good health.
One therefore has to include vaccinations, medical care, but also sanitary services related to water and hygiene, and a clean environment under this heading, as well as all activities ensuring access to food resources. The effects of war on health are multifaceted and range from striking effects such as the wounded, the dead, the epidemics and famine, to less visible ones including the disorganization of health services and, in some cases, their total annihilation.
Both types of effects may result in humanitarian tragedies which affect whole populations.international law, including Article One of the key goals of international humanitarian law has been to try to shield innocents from the violent geopolitical battles that go on around them.
The Challenges faced while implementing International Humanitarian Law. Questions are often posed to principles of I.H.L. There is a demand for justification on the fundamentals: a challenge to the International Humanitarian Law.
Hence, there are countless examples of violation of international humanitarian law and challenges in its implementation. International humanitarian law The development of IHL had been influenced by religious concepts and philosophical ideas.
Customary rules of warfare are part of the first rules of international law altogether.
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International Humanitarian Law Essay - International Humanitarian Law (IHL) is seen as the law in which provides basic human rights in time of armed conflict.
The use of IHL in a modern scenario is needed now more then ever with the increase of entities that wish to disrupt the peace by ignoring basic human rights.