In a comprehensive episode of Humanity in War, leading voices from the International Committee of the Red Cross (ICRC) reflect on the history of international humanitarian law, revealing a narrative of human resilience, diplomatic innovation, and the ongoing quest to limit the suffering caused by armed conflicts.
The discussion with leading experts from the International Committee of the Red Cross (ICRC), provides an informative narrative of how international rules protecting humanity during warfare have evolved over 160 years, adapting to new challenges and technologies while maintaining their fundamental humanitarian purpose.
ICRC Chief Legal Officer Cordula Droege traces modern humanitarian law to the aftermath of bloody 19th-century conflicts. The 1864 First Geneva Convention marked a revolutionary shift in warfare ethics, establishing that wounded soldiers deserve medical care regardless of which side they fought for. This principle, radical for its time, laid the foundation for all future humanitarian protections.
The early 20th century brought new challenges as warfare modernized. The 1907 Hague Peace Conferences attempted to regulate conflict’s impact on civilians and prisoners, but World War I soon exposed the inadequacy of these protections. The ICRC, witnessing the plight of eight to nine million prisoners of war, began advocating for more comprehensive protections.
The devastating toll of World War II catalyzed what Droege describes as the most significant advancement in humanitarian law: the 1949 Geneva Conventions. These agreements introduced unprecedented protections for civilians and, for the first time, addressed civil wars, though in limited fashion. Additional Protocols in 1977 further expanded these protections, particularly for civilians caught in conflict.
Recent decades have seen humanitarian law adapt to new warfare realities. ICRC Legal Adviser Eirini Giorgou explains how the international community has developed innovative approaches to protecting civilians, particularly in urban areas.
The most recent significant development came recently with the Dublin Declaration on Explosive Weapons in Populated Areas. This groundbreaking agreement, supported by 83 states including major military powers, represents the first time states have collectively agreed to restrict their use of force in urban settings. The declaration emerged from a three-year diplomatic process led by Ireland, characterized by transparent negotiations and strong support from civil society organizations.
According to Giorgou, who participated directly in the negotiations, several factors contributed to its success. The highly visible impact of urban warfare in recent conflicts brought civilian suffering to global attention, encouraging broader support. The declaration’s informal nature as a political commitment rather than a binding treaty allowed for greater flexibility in negotiations while still achieving substantial protections.
Implementation of the Dublin Declaration began this year with the first monitoring meeting scheduled in Oslo. States are already reviewing their military policies to align with their commitments. The ICRC has published detailed recommendations for military authorities on implementing what they term a “policy of avoidance” regarding heavy explosive weapons in urban areas.
Looking toward future challenges, Droege identifies autonomous weapons systems as another critical area requiring new frameworks. While existing laws provide some protection, they struggle to address the ethical and societal questions posed by emerging technologies.
The evolution of humanitarian law reflects an ongoing effort to balance military necessity with human dignity. Recent initiatives demonstrate that even in today’s complex geopolitical environment, progress toward greater humanitarian protection remains possible through determined diplomatic effort and international cooperation.