08. Derecho Internacional Humanitario. (Historia de los Derechos Humanos).

Introduction to International Humanitarian Law

Overview of International Humanitarian Law

• International humanitarian law addresses the complexities of human conflict, aiming to mitigate the atrocities that can arise during war.

• The law seeks to distinguish between combatants and non-combatants, emphasizing the need to reduce cruelty in warfare.

• Historical perspectives on war categorize conflicts into those driven by justice (Minerva) and those marked by blind destruction (Mars).

Protection of Non-Combatants

• A key focus is protecting civilians who increasingly become targets in modern warfare, often unable to defend themselves amidst conflict.

• The definition of a non-combatant extends beyond those not directly involved; it includes anyone who may be harmed during hostilities.

The Birth of Humanitarian Principles

Historical Context: The Battle of Solferino

• The pivotal moment for humanitarian law arose from the horrific aftermath of the Battle of Solferino in 1859, where thousands were left wounded and abandoned.

• Henry Dunant witnessed this devastation firsthand and was moved to advocate for better treatment of war victims.

Formation of Humanitarian Organizations

• Following his experiences, Dunant called for international cooperation to alleviate suffering during wars, leading to significant humanitarian initiatives.

• In 1863, Dunant collaborated with Swiss citizens to establish the International Committee for Relief, which later became known as the Red Cross.

Establishment and Impact of the Red Cross

Geneva Convention and Its Significance

• The first Geneva Convention was established in 1864 with participation from 16 countries, laying foundational principles for international humanitarian law.

• The Red Cross symbol emerged as a neutral emblem representing protection for victims in armed conflicts globally.

Neutrality and Its Importance

• Upholding neutrality is crucial; violations against organizations like the Red Cross undermine humanitarian efforts and violate international laws designed to protect individuals during wartime.

Early Heroes in Humanitarian Efforts

Florence Nightingale's Contributions

Humanitarian Efforts and the Evolution of International Law

Historical Context of Humanitarian Actions

• Clara Barton assisted American Civil War combatants, showcasing early humanitarian efforts in conflict situations.

• Four Catholic missionaries in China prevented the massacre of 400,000 Chinese during the Japanese invasion in 1938 by declaring a neutral zone, risking their lives for others.

Principles of International Humanitarian Law

• International humanitarian law aims to reduce suffering and cruelty during extreme circumstances, with two main components: the Geneva Conventions and the Hague Court.

• The fundamental principle is that wars must have rules; even amidst conflict, there should be ethical standards governing behavior.

Ethical Standards in Warfare

• Historical norms like Bushido among samurais emphasized respect for non-combatants and honorable conduct between warriors.

• Medieval knights also had ethical obligations to protect non-combatants and engage honorably with other warriors.

Shift in Warfare Dynamics

• The Second World War marked a significant shift where civilian populations became primary targets rather than just opposing armies, contrasting with World War I's focus on military engagements.

• In WWII, approximately 70% of casualties were civilians compared to only 13% in WWI; this trend has continued into modern conflicts where up to 90% of those affected are civilians.

Consequences of Total Warfare

• WWII strategies targeted infrastructure essential for civilian survival (bridges, electrical systems), leading to widespread destruction beyond military objectives.

• This total warfare approach resulted in catastrophic human loss and devastation across cities and communities, marking a profound moral collapse during this period.

Establishing Accountability Post-War

• The Nuremberg Trials established legal precedents against crimes against humanity following the Holocaust and WWII atrocities, emphasizing personal accountability for war crimes regardless of orders received.

• Notable cases included German officials being prosecuted for actions leading to war; individuals could not evade responsibility by claiming they were merely following orders.

Legacy of Responsibility

• An example highlighted was an officer who defied orders to destroy Paris during WWII; his choice underscored individual moral responsibility over blind obedience to authority figures.

• This principle re-emerged during discussions about state-sponsored disappearances in Latin America (e.g., Argentina’s "Dirty War"), reinforcing that individuals are accountable for heinous acts committed under governmental directives.

Impact on Society

• The legacy of enforced disappearances creates unresolved grief within families as victims remain unaccounted for; cultural expressions like music reflect these ongoing struggles with loss and memory associated with such tragedies.( t =847 s)

The Disappearance of Loved Ones and Human Rights Violations

Personal Accounts of Disappearances

• A dramatic recounting of a person's last sighting, emphasizing the emotional toll on families searching for missing loved ones.

• A woman named Doña Ernesto describes her husband, a 40-year-old ice cream vendor who has been missing since he left home two nights ago.

• Another individual shares their search for Alta Gracia, their sister, who disappeared after leaving work for school.

The Impact of Disappearances

• Discusses the emotional burden placed on families when a loved one goes missing; it is described as a crime against humanity.

• Highlights the role of international courts in addressing these crimes and holding perpetrators accountable.

International Law and Humanitarian Efforts

• Explains the Geneva Conventions' aim to reduce cruelty during conflicts and protect victims.

• The International Court at The Hague deals with war crimes post World War II, particularly focusing on atrocities committed during the Balkan conflicts.

Historical Context of Atrocities

• References the tragic events in Bosnia-Herzegovina where systematic violence was used to destroy communities and morale.

• Mentions ongoing trials against figures like Milosevic for war crimes related to these events.

Evolving Humanitarian Laws

• Discusses how humanitarian law has evolved to address forced displacement and refugee rights amid modern conflicts.

• Emphasizes that while there are clear regulations for refugees crossing borders, internal displacement remains less defined legally.

Challenges in Protecting Vulnerable Populations

• Notes that international humanitarian law aims to humanize responses to conflict-related atrocities but faces challenges in implementation.