Neutrality, a foundational principle in humanitarian efforts and peace mediation, encounters significant practical challenges in the modern landscape of armed conflicts, particularly in the intermediary role of humanitarian organizations. This study examines the role of the International Committee of the Red Cross (ICRC) as a neutral intermediary in Yemen, focusing on the release and repatriation of detainees during the 2016–20 peace efforts. Drawing on the ICRC's experience, the analysis highlights the evolving understanding of neutrality from a rigid concept to a more flexible, context-sensitive approach. The findings emphasize the importance of neutrality in fostering trust and facilitating dialogue while acknowledging the operational complexities and strategic considerations involved. This study provides insights into enhancing the contributions of neutral intermediaries to sustainable peace processes.

Newly emerging US cyberspace warfighting concepts highlight the need to update US legal doctrine. Concepts adapted to future high-intensity, high-paced armed conflict, including command post dispersal and integration of cyberspace into other targeting domains, present opportunities to refine US understandings of the law of war attack threshold and overlooked rules applicable to destruction and seizure. The advantages of staking out clear and current opinio juris on these and other matters extend beyond providing responsible and consistent operational law advice. Updated and authoritative military cyber legal doctrine will serve the strategic and diplomatic legal interests of the United States and the international legal system as a whole.

Contemporary armed conflicts have increasingly been accompanied by belligerents’ calls for civilians to support their military efforts. This article investigates the legal consequences of civilians taking up arms provided by or with the tacit support of the State. It first looks at the implications of civilian involvement from the perspective of a State's international humanitarian law (IHL) and international human rights law obligations, focusing on removing civilians from the vicinity of hostilities, informing and training civilians on the implications of directly participating in hostilities, and respecting and ensuring respect for the law. It then demonstrates that the broader fabric of public international law is tested when civilians are encouraged to engage in hostilities, through a close analysis of the challenge of attributing civilian acts to the State. The article closes with practical recommendations for States to ensure that they uphold their humanitarian and human rights obligations, and to render the law of international responsibility effective when civilians commit systemic violations of IHL.

Bearing in mind that the peace process between the Colombian government and the Revolutionary Armed Forces of Colombia – People's Army (Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo, FARC-EP) has been an important milestone for transitional justice, this article aims to share some of the good practices and achievements of this process, as well as the setbacks and challenges that could be avoided in future peace processes. The article will highlight relevant contributions from the Chamber for Amnesty or Pardon (CAP) such as impacting the resocialization of former FARC-EP members and developing international humanitarian law discussions in relation to war crimes and less serious crimes. Additionally, it will describe some of the main challenges faced by the CAP, such as the high number of applications for transitional benefits that it receives, the high number of proceedings that it supervises, and the security concerns arising from implementing a peace agreement in a country still in conflict.

Many ancient African societies had advanced and sophisticated humanitarian protection mechanisms and war codes to regulate the conduct of armed hostilities. A careful examination of both historical and contemporary African customs and traditions provides unique avenues through which to interpret and apply international humanitarian protection in armed conflict. As a sub-branch of international law, international humanitarian law (IHL) seeks to limit the excesses of warfare and regulate the conduct of armed hostilities. However, international conventions such as those of IHL remain severely constrained if they are not framed and reconciled with indigenous understandings and meanings of humanitarian protection. In non-international armed conflicts specifically, this enduring challenge demands that IHL conventions and other international conventions be framed and understood within indigenous frameworks that support local ownership of this internationalized body of law. Encouraging dialogue between international norms and indigenous practices can enhance the relevance, authority and legitimacy of IHL in Africa.

Franz Perrez is Director-General of the Directorate of International Law at the Federal Department of Foreign Affairs (FDFA), Switzerland. He is responsible for the development and interpretation of international law and ensuring that Switzerland's strategic rights are respected abroad. As a member of the FDFA senior management, Mr Perrez is also jointly responsible for the FDFA's strategic approach and advises the Federal Council, Switzerland's representatives abroad and other Federal Administration offices on international law issues.

Prior to his new role Mr Perrez was appointed Switzerland's Ambassador for the Environment and Head of the International Affairs Division at the Federal Office for the Environment (FOEN) in 2010. In this capacity, he headed the Swiss delegations to international environmental and climate negotiations for thirteen years.

After studying law in Bern and Paris, Mr Perrez worked at the FDFA's Directorate of International Law from 1993 to 1995. He went on to study at New York University, where he gained a master of laws focusing on international law and completed a PhD thesis on the topic of sovereignty as a principle of cooperation. On returning to Switzerland, he took up a position at the World Trade Organization (WTO) Division of the State Secretariat for Economic Affairs, before joining the FOEN in 2001.

Mr Perrez has proven expertise in international law. He has widely published in the area of international environmental law, international environmental governance, the relationship between trade and the environment, and public international law. Since 2008, Mr Perrez has also lectured on international environmental law at the University of Bern School of Law. He served as a panellist on the newest WTO tuna–dolphin dispute between Mexico and the United States, and as Switzerland's Ambassador for the Environment and Chief Negotiator for Environmental Issues, namely climate change, biodiversity, chemicals and waste, he led the Swiss delegation to the Rio+20 conference and to the Paris Climate Change Conference in 2015. He was President of the Basel Convention (COP 11 in 2013) and President of the Rotterdam Convention (COP 8 in 2017) and facilitated the negotiations on mitigation of the Paris Agreement. Through his work within and outside of Switzerland, he has built strong networks around the world and within the Federal Administration.

This article explores the role of Article 6(5) of Additional Protocol II to the Geneva Conventions in balancing justice and peace during transitions from armed conflict to peace. It argues that the provision, which encourages the granting of broad amnesties at the cessation of hostilities, requires a re-evaluation of the obligation to investigate, prosecute and punish under international law. By analyzing the legal context and scope of Article 6(5), as well as its application in transitional justice models such as in Colombia, the article highlights how the principle of peace can be prioritized alongside justice without undermining victims’ rights. The discussion critically addresses maximalist interpretations of justice, presenting a nuanced approach that foregrounds restorative justice and the importance of reconciliation in post-conflict societies.

This article examines the links between the concept of peace and international humanitarian law (IHL). It takes a closer look at how the originator of IHL, the International Committee of the Red Cross, justified the existence of this body of law, which was supposed to regulate war, in the face of those who wanted to see war abolished once and for all. The article also questions the attitude of the International Red Cross and Red Crescent Movement, which, while wanting a peaceful society, did not give itself the means to achieve one.

In this iteration of the Review's “Beyond the Literature” series, we have invited Joël Glasman to introduce his recent book Humanitarianism and the Quantification of Human Needs, before then posing a series of questions to Bertrand Taithe, Léa Macias, Dennis Dijkzeul, Andrea Behrends and William Anderson. Bertrand Taithe is Professor of Cultural History at the University of Manchester in the United Kingdom. Léa Macias is an anthropologist focusing on digital humanitarianism in the Middle East, currently working as an Evaluation Officer for the French Development Agency. Dennis Dijkzeul is Professor of Organization and Conflict Studies at Ruhr University Bochum, Germany. Andrea Behrends is Professor of Social and Cultural Anthropology at Leipzig University, Germany. William Anderson is the Executive Director for Sphere based in Geneva.

The Review team is grateful to all five discussants, and to Joël, for taking part in this engaging conversation.

International humanitarian law (IHL) provides the normative foundation for efforts to address the issue of missing persons during and after armed conflict. Whilst IHL does not engage with how parties to an armed conflict may go about restoring peace, there has been speculation that resolving the missing issue, by bringing answers to families about the fate and whereabouts of their missing relatives, can potentially play a role in building peace. This article represents an effort to compile existing evidence in academic and practice literature that supports an understanding of how addressing the missing issue relates to peacebuilding. In so doing, the article seeks to lay out a research agenda to understand how addressing the issue of the missing can serve to advance peacebuilding, and proposes avenues for further research.

In an era marked by growing conflicts, prolonged humanitarian needs and less donor funding, collaboration between the humanitarian and peacebuilding sectors is essential for more effective responses. This paper examines the complexities of fostering such collaboration, emphasizing the importance of integrated multisectoral approaches capable of addressing both immediate necessities and long-term peace and development objectives. While recent initiatives such as the humanitarian–development–peace nexus framework and the United Nations Secretary-General's Agenda for Humanity reflect progress toward integrated approaches, substantial collaborative challenges persist. This paper identifies three key entry points for mutual learning between humanitarian and peace actors. Firstly, it discusses a “peace-responsive” approach to humanitarian activities that proactively contributes to “peace-positive” outcomes. Secondly, it emphasizes the need for the peace sector to learn from humanitarian efforts regarding accountability to affected communities. Thirdly, it underscores the need to understand the normative foundations of each sector and their implications for joint action. Drawing on these insights, the paper offers recommendations for policy-makers and practitioners to help them advance joint approaches to humanitarian assistance and peacebuilding in conflict-affected contexts.

This article proposes a hybrid legal framework combining jus ad bellum and jus in bello to govern the attribution of State responsibility for reparations at the end of a war of aggression. To this end, the article considers former international mass claims processes and proposes a complementary approach that, on the one hand, acknowledges the role of the aggressor State in waging the war, and on the other, takes a cautionary approach to prevent a disproportionate burden of compensation being imposed on the aggressor State as a form of collective punishment. The consequences of respective violations of the prohibition of the use of force and the law of war are blurred in a war of aggression, resulting in complexities around liability for aggressor States. In response, this article concludes with a nuanced proposal to calculate compensation based on (1) the aggressor party's capacity to comply with jus in bello; (2) the extent of damage caused by the war of aggression, factoring in jus ad bellum considerations if a party is found to be intentionally maximizing destruction; and (3) the incorporation of tort law principles for equitable attribution of responsibility.

With the advent of socio-technical systems that gather and process personal data, the capacity to identify and even locate people in an automated fashion has dramatically increased. This article discusses what militaries need to know about data protection and the right to digital privacy/private life when personal data is processed. The focus in this discussion is on sensitive data that makes individuals identifiable. It is here argued that the right to data protection and the right to digital privacy/private life are distinctive and separate rights and should be treated as such, despite some overlaps. Although the law of armed conflict approaches processing of sensitive data in a topical manner, it remains firm on the delimitation between what is permissible and what becomes unlawful when it comes to processing data. This article illustrates that elements of both data protection and protection of the right to privacy/private life can be traced in the law of armed conflict. In fact, both rights remain distinctive also in times of armed conflict and must be separately protected through obligations of result as well as obligations of conduct.

With technological developments presenting tremendous opportunities, rapid developments in data-driven artificial intelligence (AI) and machine learning (ML) have the potential to significantly transform humanitarian forensic action. Yet, their role in the forensic identification of dead bodies remains unexamined. The correct and early identification of dead bodies is not only important to afford the deceased their honour and dignity and to ensure that their families know the fate of their loved ones, but also has broader implications for human rights and international humanitarian law (IHL). This article examines the opportunities and challenges of AI and ML in advancing honour and dignity in death for armed conflict victims in humanitarian forensic action under IHL. It argues that the application of AI and ML in humanitarian forensic action has the potential to revolutionize and support forensic practitioners in the identification of human remains. This will consequently guarantee that families know the fate of their loved ones and that the deceased are afforded dignified burials according to their religious and cultural rites. The article proposes recommendations for the future use of AI and ML in humanitarian forensic action, including the adoption of a legally binding international instrument governing their use, the development of guidelines for their use, the training of forensic actors in IHL and human rights law, and the use of new technologies in humanitarian action.

The outbreak and continuation of armed hostilities can sometimes cause harm to bordering States not directly involved in the hostilities. This has occurred in many military operations conducted during the last few decades. The scope of the provisions relating to the protection of the environment during armed conflict appears to be strictly limited to the territory in which the operations are taking place. It is therefore important to determine the extent to which a belligerent State at the origin of acts that have had devastating consequences on the territory of one or more States not involved in the conflict can be held internationally responsible for those acts based on the principle of international liability for injurious consequences arising out of acts not prohibited by international law, which is still under discussion. The argument put forward in this article is based on the hypothesis that this principle is at least implicitly recognized when it comes to environmental damage caused in the context of an armed conflict. In our view, this is grounded both in the principle of the inviolability of neutral States and in the no-harm principle, whereby a State cannot use its territory in a way that is harmful to other States not involved in the armed conflict. These principles are based on the notions of fault and risk.

Itonde Kakoma is the President and CEO of Interpeace. Prior to Interpeace, he served as the Permanent Representative of the International Federation of Red Cross and Red Crescent Societies (IFRC) to the African Union and International Organizations (2021–23). Previously, Mr Kakoma served in various leadership capacities on matters of international peace mediation, including as Director for Global Strategy and member of the leadership team at CMI – Martti Ahtisaari Peace Foundation. Additionally, Mr Kakoma was Assistant Director for the Conflict Resolution Programme at the Carter Center, managing a portfolio of the Center's peace initiatives and supporting former president Carter's back-channel diplomatic efforts. He is an experienced facilitator and moderator for high-level peace processes and dialogue fora and has expertise in mediation, negotiation, process design, humanitarian diplomacy and transitional justice.

How can humanitarians carry out their work during a genocide? Between April and June of 1994, the International Committee of the Red Cross (ICRC) faced that very question. After bloodshed broke out in Rwanda, the ICRC was the only remaining humanitarian organization in the country and continued its aid work while surrounded by brutal violence. Based on previously published materials,1 this article examines the strategies that enabled the ICRC to pursue its humanitarian mission in the face of the most basic inhumanity. In particular, the International Red Cross and Red Crescent Movement's Fundamental Principles of neutrality and impartiality were critical to establishing contact with all involved parties: dialogue, including with those perpetrating genocide, was key to ensuring the safety of ICRC staff, and to facilitating the organization's work on behalf of those affected by the violence. Additionally, the ICRC spoke out frequently as the violence was unfolding in Rwanda, and this article addresses the question of public communications, in both principle and practice, during a genocide.

This article examines the life and works of Dr Nicasio Landa, the co-founder of the Spanish Red Cross, known as the “Spanish Henri Dunant”. The article begins by discussing his seminal works in the field of international humanitarian law (IHL) and the institutions, notably including the International Committee of the Red Cross, with which he worked until the outbreak of the Franco-Russian War. The article then focuses on Dr Landa's pioneering contributions to the drawing up and application of international law instruments in the framework of the Institut de Droit International, paying special attention to his contribution to IHL and his pioneering codification efforts at the interface between epidemic diseases and international law. The conclusion highlights the seminal role that Dr Landa played in setting the course of an international humanitarian tradition which has largely outlived the memory we have of this hidden figure in the history of IHL.

This article outlines and evaluates several unique challenges associated with legal support to special operations. It describes the essential differences between special tactics, techniques and procedures and conventional military operations. It offers a US perspective on how treaty and customary international laws apply to various special operations, including precision attacks against “high-value targets”, hostage rescue missions, and support to partner and proxy forces. It examines the benefits and drawbacks of heavy reliance on special operations during armed conflict, including an assessment of the legal challenges that arise when special operations forces become a primary feature of a military campaign. Finally, it highlights how the assumption of substantial military and political risk impacts the application of international law to special operations at the tactical level.