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War and international humanitarian law
by International Committee of the Red Cross
 
Armed conflict is as old as humankind itself. There have always been customary practices in war, but only in the last 150 years have States made international rules to limit the effects of armed conflict for humanitarian reasons.
 
The Geneva Conventions and the Hague Conventions are the main examples. Usually called international humanitarian law (IHL), it is also known as the law of war or the law of armed conflict.
 
International humanitarian law is part of the body of international law that governs relations between States. IHL aims to limit the effects of armed conflicts for humanitarian reasons.
 
It aims to protect persons who are not or are no longer taking part in hostilities, the sick and wounded, prisoners and civilians, and to define the rights and obligations of the parties to a conflict in the conduct of hostilities.
 
Because it is law, IHL imposes obligations on those engaged in armed conflict. Not only must they respect the law, they have an obligation to ensure respect as well. It is not acceptable to turn a blind eye. The cornerstone of IHL is the Geneva Conventions.
 
Protocols were added to the Geneva Conventions in 1977 and 2005, and a range of other international conventions and protocols covering specific areas such as conventional weapons, chemical weapons, landmines, laser weapons, cluster munitions and the protection of children in armed conflicts has developed the reach of IHL. So too has the codification of customary law.
 
The core, however, remains the Geneva Conventions and their additional Protocols. They combine clear legal obligations and enshrine basic humanitarian principles.
 
• The wounded and sick must be collected and cared for by the party to the conflict which has them in its power. Protection also covers medical personnel, establishments, transports and equipment. The emblem of the red cross, red crescent or red crystal is the sign of such protection and must be respected.
 
• Captured combatants are entitled to respect for their lives, dignity, personal rights and convictions. They must be protected against all acts of violence and reprisals. They must have the right to correspond with their families and to receive relief.
 
• Civilians under the authority of a party to the conflict or an occupying power of which they are not nationals are entitled to respect for their lives, dignity, personal rights and convictions.
 
• Everyone must be entitled to benefit from fundamental judicial guarantees. No one must be sentenced without previous judgment pronounced by a regularly constituted court. No one must be held responsible for an act he has not committed. No one must be subjected to physical or mental torture, corporal punishment or cruel or degrading treatment.
 
• Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare. It is prohibited to employ weapons or methods of warfare of a nature to cause unnecessary losses or excessive suffering.
 
• Parties to a conflict must at all times distinguish between the civilian population and combatants in order to spare civilian population and property. Adequate precautions shall be taken in this regard before launching an attack.
 
• Soldiers who surrender are entitled to respect for their lives and their moral and physical integrity. It is forbidden to kill or injure them.
 
The International Committee of the Red Cross is regarded as the “guardian” of the Geneva Conventions and the various other treaties that constitute international humanitarian law. It cannot, however, act as either policeman or judge.
 
These functions belong to governments, the parties to international treaties, who are required to prevent and put an end to violation of IHL. They have also an obligation to punish those responsible of what are known as “grave breaches” of IHL or war crimes.
 
http://www.icrc.org/eng/what-we-do/protecting-civilians/index.jsp


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Three Tibetans shot dead on first day of Chinese New Year
by Reuters & agencies
 
January 23, 2012
 
Chinese fire on Tibetan protests. (Reuters)
 
Chinese troops fired on thousands of Tibetans protesting in southwestern Sichuan province Monday, killing at least one and wounding more, two overseas advocacy groups said.
 
Free Tibet, a London-based group that campaigns for Tibetan self-determination, said the protesting Tibetans gathered at an intersection in Luhuo, about 590 km (370 miles) west of Sichuan"s capital of Chengdu, and marched on government offices, where security forces opened fire about midday.
 
The Tibetans were protesting about arrests earlier in the day in connection with the distribution of pamphlets carrying the slogan "Tibet Needs Freedom" and declaring that more Tibetans were ready to stage self-immolations to challenge Chinese rule, the group said in an emailed statement.
 
One resident -- a 49-year-old Tibetan man called Yonten -- was shot dead by government forces and another 30 or so residents were injured, said Free Tibet.
 
Another advocacy group, the International Campaign for Tibet, said three people were killed and about nine injured when police fired into the crowd in Luhuo, which is called Drango or Draggo by Tibetans.
 
"Others were injured in the crackdown, including through beatings by police, following the dissemination of leaflets in Drango saying that Tibetans should not celebrate New Year due to the self-immolations and situation in Tibet," said Kate Saunders, the London-based communications director for the International Campaign.
 
"Due to fears for their safety, Tibetans who were injured are unable to seek treatment at the local government-run hospital," said the International Campaign for Tibet.
 
Chinese security forces have been on edge after 16 incidents of self-immolation by ethnic Tibetans over the last year in response to growing resentment of Beijing"s controls on religion.
 
The mountainous western part of Sichuan province where the recent unrest has been concentrated is dominated by ethnic Tibetans and lies next to the official Tibetan Autonomous Region.
 
The two advocacy groups said Tibetans from nearby areas were continuing to converge on Luhuo Monday.
 
A Tibetan exile said: “The sense of grief and pain about the self-immolations across Tibet is at the forefront of people’s minds, and because they could not bear it, they began to express their views and protest – even though they must have known the danger they faced. Today was the beginning of lunar New Year (Chinese New Year) but people in the area had decided not to celebrate.”
 
There are serious fears of further escalation and military buildup, and concerns for the safety of monks at Drango monastery.
 
Tibetans in the area of Kham, are renowned for their strong sense of Tibetan identity and nationalism, and have risked their lives on numerous occasions through demonstrations, prayer vigils, and solitary protests, in order to convey their loyalty to the Dalai Lama and their anguish at the repression since March, 2008.


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