On 27 June 1986, the International Court of Justice (ICJ) gave judgment in the case concerning Military and Paramilitary Activities in and against Nicaragua. The case, involving Nicaragua against the United States of America, is remarkable in many respects, and so is the judgment. I should like to single out two special features: it deals with a situation of armed conflict, and it mentions the Red Cross.

This article gives an overview of the principles regulating the use of force under the Islamic law of war in the four Sunni schools of Islamic law. By way of introducing the topic, it briefly discusses the origins, sources and characteristics of the Islamic law of war. The discussion reveals the degree of compatibility between these Islamic principles and the modern principles of international humanitarian law, and offers insights into how these Islamic principles can help in limiting the devastation and suffering caused by contemporary armed conflicts in Muslim contexts, particularly those conflicts in which Islamic law is invoked as the source of reference.

Armed groups frequently issue ad hoc commitments that contain a law of armed conflict component. These commitments detail the obligation of the relevant armed group to abide by international humanitarian law, the Geneva Conventions, or particular rules set out in the commitment. They commit the group to abide by international standards, sometimes exceed international standards, or in certain respects violate international standards. Although these commitments are often overlooked, they offer certain lessons for the law of armed conflict. This article considers the commitments of armed groups with respect to two specific areas of the law that are either of contested interpretation or seemingly inapplicable to non-international armed conflicts, namely the identification of legitimate targets and the prisoners of war regime.

This article outlines the debate on the general relationship between the law of armed conflicts and human rights and examines particularly the applicability of human rights during military occupation. Complementarity and compatibility should be evaluated case by case, on the basis of the rules making up each of these regimes and any exceptions that these rules contain. The different interests and values at stake – the interests of the occupying forces and those of the civilian population, the protection of human rights and the derogations necessary to maintain order – reveal many grey areas that still exist in the interaction between human rights law and the law of military occupation.

At a time when non-international armed conflicts are increasing in number, it may be interesting to examine the implementation of international humanitarian law (IHL) applicable in these conflicts. To ensure its respect in international armed conflict, this law provides for the penal repression of certain violations. Used with discernment, especially for preventive purposes, this is undoubtedly an effective measure. There is good reason, therefore, also in view of the work of the International Law Commission (ILC) on a draft code of crimes against the peace and security of mankind, to see whether penal repression of the violations of international humanitarian law applicable in non-international armed conflicts should be promoted.

La guerre est l'un des obstacles majeurs à la réalisation du droit de chacun á une alimentation adéquate. Cet article examine les dispositions pertinentes des différents traités de droit international, qu'elles appartiennent au droit des droits de l'homme ou au droit international humanitaire. L'auteur conclut que les instruments de droit international humanitaire en vigueur ont codifié un corps de règies suffisant pour assurer une alimentation adéquate aux personnes touchees par un conflit arme. Contrairement aux traités relatifs aux droits de l'homme, les conventions de droit humanitaire ne créent pas des droits subjectifs pour les personnes concernées, mais des obligations qui lient les États.

The UN Guiding Principles on Business and Human Rights provide authoritative guidance for states and businesses on how to prevent and address business-related human rights harms, including in conflict-affected areas. States need to explore a more innovative range of policy and regulatory options in such situations, whether they are engaging with cooperating companies or dealing with uncooperative ones. Companies need to be able to know and show that they can operate with integrity – and avoid being involved in gross abuses of human rights – and that their risk assessment, mitigation, and remediation processes take full account of the potential risks to affected stakeholders, not just risks to the business.

How is it possible? What are the personal, professional and political contexts that allow physicians to use their skills to torture and kill rather than heal? What are the psychological characteristics and the social, cultural and political factors that predispose physicians to participate in human rights abuses? What can be done to recognize at-risk situations and attempt to provide corrective or preventive strategies? This article examines case studies from Nazi Germany in an attempt to answer these questions. Subjects discussed include the psychology of the individual perpetrator, dehumanization, numbing, splitting, omnipotence, medicalization, group dynamics, obedience to authority, diffusion of responsibility, theories of aggression, training, cultural and social contexts, accountability and prevention.

This article provides an overview of the rules governing the end of application of international humanitarian law (IHL), or the law of armed conflict. It articulates the general principle that, unless there is a good reason of text, principle or policy that warrants an exception, the application of IHL will cease once the conditions that triggered its application in the first place are no longer met. For IHL to apply, its distinct thresholds of application – international armed conflict, belligerent occupation and non-international armed conflict – must continue to be satisfied at any given point in time. The article also examines situations in which a departure from the general rule is warranted, as well as the factors that need to be taken into account in determining the end of each type of armed conflict. In doing so, the article analyzes terminating processes and events, which generally end the application of IHL (but not necessarily all of it), and transformative processes and events, which end the application of one IHL sub-regime but immediately engage another. Finally, the article briefly looks at the (putative) armed conflict between the United States and Al Qaeda and its seemingly imminent end.

Humanity is at once the most universally and uncritically accepted humanitarian principle. It is not, however, without controversy. This article defines the principle of humanity and then explores its inherent tensions, related to universality and particularism, inclusion and exclusion, and equality and inequality. The article concludes with a call to operationalize and concretize humanity through three sets of transformative practices and everyday actions. Together these embody the relational nature of humanity, and suggest ways forward in reforming humanitarianism.

Territorial gangs are among today's main perpetrators of urban violence, affecting the lives of millions of other people. They try to gain control of a territory in which they then oversee all criminal activities and/or ‘protect’ the people.

Such gangs are found to differing degrees on every continent, although those given the most media attention operate in Central America. The violence that they cause has a major impact on the population in general and on their members' families, as well as on the members themselves.

Humanitarian organizations may find themselves having to deal with territorial gangs in the course of their ‘normal’ activities in a gang's area, but also when the humanitarian needs per se of people controlled by a gang justify action.

This article looks at some courses of action that may be taken by humanitarian agencies in an environment of this nature: dialogue with the gangs (including how to create a degree of trust), education, services, and dialogue on fundamental issues. Such action only makes sense over the medium to long term; it may have a very positive impact but only allows the symptoms of a deep-seated problem to be treated.

Although the humanitarian landscape is constantly evolving, one factor which stands out among the players of aid, and particularly non-governmental organizations (NGOs), is the significance of the private, not-for-profit dimension. After tracing the historical origin of those organizations, defining them and stressing how well known and well regarded they are, the article goes on to discuss the main questions they set. It points out that although each one has its own specific characteristics, their operating methods have much in common. In conclusion the role NGOs play on the international stage is also mentioned, as well as their position regarding UN plans to overhaul the international humanitarian system. Faced with a transnational environment and a growing demand for accountability both to beneficiaries and to sponsors, with uncertain times ahead and difficult choices to make, NGOs must be even more humanitarian in the approach they take.

The article provides a brief overview of the scale and characteristics of Iraq's refugee population as well as their protection and assistance needs in asylum countries. It also reviews their relative impact on neighbouring states and the sustainability of recent returns.

Internationalized internal armed conflicts have become a common feature of the past decades. In numerous civil wars foreign armed forces have intervened in favour of one or the other party and thereby attempted to influence the outcome of the conflict. Various causes have led to this development. One of them is the increased interdependence of States, as a consequence of which every civil war will affect other States and, conversely, the attitudes of other States may have an impact on the outcome of the civil war, even without any intervention. Another cause can be found in the world's ideological cleavage which divides nations and results in the overlapping of internal and international conflicts. Among further causes we can mention the existence of military blocs and of regional groupings which have an interest in preventing the overthrow of régimes within the bloc and tend to encourage alterations in other blocs. Another factor to be taken into consideration is the prohibition of the use of force in international relations. Whereas in earlier times States waged open wars in order to increase their power, today, due to the prohibition of the use of force, they rather endeavour to achieve the same result by interfering in the internal affairs of other States. Interference in internal conflicts is often a substitute for an international war. The instability of many contemporary régimes, mainly of the Third World, further favours the internationalization of internal conflicts.