القانون الدولي الإنساني و التحديات المعاصرة

Abstract EN

Enacted in troubled times fraught with a trail of rubble and destruction, the International Humanitarian Law (IHL) was inspired by the need to reduce tragedies and humanize international and non-international armed conflicts.

IHL, which is considered one of the greatest innovative contributions of the nineteenth and twentieth centuries, according to Rome statute and Geneva conventions, is in a state of continuous evolution given the everchanging methods of warfare and the differences of the parties involved in distinct conflicts.

this study aims to examine and bring under scrutiny Geneva's jurisprudence and judicial discretion through a holistic contemporary view.

it would be impossible and out of the purpose of this study to mention all of them, but i will produce some examples of provisions addressed by the IHL with aimed at developing new rules and mechanisms to confront contemporary warfare challenges.

contemporary challenges include : 1.

private and military security companies or privatization of wars.

2.

excessive violence leading to armed conflict.

3.

homegrown non-international armed conflict.

4.

counterterrorism or category (iii) of armed conflict.

5.

increasingly growing militarization of children in armed conflicts.

6.

multinational forces as a source of responsibility and protection and the pressing need to establish a legal framework given the new contemporary wars.

7.

IHL being contested or attested by the challenges of new means and methods of warfare.

8.

urban warfare and disproportionate conflicts.

9.

legitimacy of international humanitarian intervention : sovereignty as a responsibility and responsibility for protection.

10.

IHL and human rights : in tandem or at odds? 11.

impact of international judiciary in developing provisions of IHL to address contemporary challenges.

12.

roles of international humanitarian fact-finding committee (article 90) in contemporary wars.

with such contemporary challenges brought under scrutiny, efforts have been made to open horizons and find new solutions that are protective, while at the same time rigorous and feasibly acceptable.