The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 96
THE APPLICATION OF INTERNATIONAL
HUMANITARIAN LAW AND FUNDAMENTAL
HUMAN RIGHTS IN ARMED CONFLICTS IN
WHICH NON-STATE ENTITIES ARE PARTIES

Resolution adopted by the Institute of International Law at its Berlin session on 25 August 1999

INTRODUCTORY NOTE: Concerned about the gross violations of international humanitarian law in many non-international armed conflicts of recent years, the Institute of International Law, in 1993, established a commission to deal with the respective problems. At its Berlin Session in 1999, the Institute adopted the present resolution by 33 votes in favor, none against and 1 abstention.

AUTHENTIC TEXT: French. The English text below is reprinted from Annuaire de l'Institut de Droit international, Vol. 68 — II, 1999, pp. 386–399.

TEXT PUBLISHED IN: Annuaire de l'Institut de Droit international, Vol. 68 — II, 1999, pp. 386–399 (Engl., French).

The Institute of International Law,

Recalling its Resolutions “Droits et devoirs des Puissances étrangères, au cas de mouvement insurrectionel, envers les gouvernements établis et reconnus qui sont prises avec l'insurrection” (Neuchâtel Session, 1900), “The Principle of Non-Intervention in Civil Wars” (Wiesbaden Session, 1975) and “The Protection of Human Rights and the Principle of Non-intervention in Internal Affairs of States” (Santiago de Compostela Session, 1989);

Recalling further its Resolutions on the “Conditions of Application of Humanitarian Rules of Armed Conflict to Hostilities in which United Nations Forces May Be Engaged' (Zagreb Session, 1971) and on the “Conditions of Application of Rules, Other than Humanitarian Rules, of Armed Conflict to Hostilities in which United Nations Forces May Be Engaged' (Wiesbaden Session, 1977);

Considering that armed conflicts in which non-State entities are parties have become more and more numerous and increasingly motivated in particular by ethnic, religious or racial causes;

Noting that, as a consequence, the civilian population is increasingly affected by internal armed conflicts and ultimately bears the brunt of the resulting violence, causing great suffering death and privation;

Noting that armed conflicts in which non-State entities are parties do not only concern those States in which they take place, but also affect the interests of the international community as a whole;

Bearing in mind that, in the last fifty years, the principles of the United Nations Charter and of human rights law have had a substantial impact on the development and application of international humanitarian law;

Recalling the ruling of the International Court of Justice that the obligation laid down in Article 1 common to the Geneva Conventions “to respect” the Conventions and to “ensure respect” for them “in all circumstances” derives from the general principles

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