Key issues raised by the use and operation of private military and security companies, particularly in conflict areas, are their accountability and how to control them. National regulation, however, is still rare. States have a role to play first as contractors. Considered selection, contracting and oversight procedures and standards may help promote respect for human rights and international humanitarian law by companies and their staff. Secondly, territorial and exporting states may consider adopting regulations to increase control and promote accountability. In view of this still largely unregulated phenomenon, this contribution considers elements of contracting and regulatory options.

Recent catastrophes, and predictions of an increasing potential for more, have stimulated thinking about the best policy responses to these threats. This article explores how security concepts influence catastrophe governance. The article considers how globalization affects thinking about catastrophes and describes ways in which catastrophes have been conceptualized as governance challenges, such as the human rights approach to the provision of health and humanitarian assistance. The article explains how health and humanitarian assistance experienced “securitization” in the post-cold war period, a development that challenges rights-based strategies and creates complex and controversial implications for the prevention, protection and response functions of catastrophe governance.

Nuclear weapons raise fundamental questions which go to the very heart of international humanitarian law and of Red Cross assistance activities. Sixty years after Hiroshima and Nagasaki, the author describes the attempts of the International Committee of the Red Cross to deal with these weapons.

The International Committee of the Red Cross (ICRC) enjoys a specific legal status and specific privileges and immunities under both international and domestic law. They enable the ICRC to effectively carry out its mandate, and to do so in full conformity with its Fundamental Principles and standard working modalities. This article clarifies the ICRC's particular legal status and explains the rationale, scope and legal sources of its privileges and immunities.

The Geneva Conventions of 12 August 1949 provide that medical personnel and equipment shall in general be identified by the distinctive emblem of the red cross or red crescent. The Second Geneva Convention, applicable to the victims of conflict at sea, specifies that the exterior surfaces of hospital ships and smaller craft used for medical purposes shall be white and recommends that the parties to the conflict use “the most modern methods” to facilitate identification of medical transports at sea (Art. 43).

In today's armed conflicts and complex emergencies more civilians suffer than combatants. After the Cold War one could identify a zone of turmoil in which civilian suffering was acute. But one could also identify a zone of stability from which operated a complicated system of humanitarian assistance designed to respond to civilian suffering. Media coverage emphasized the suffering, but never before in world history had such a kaleidoscope of humanitarian actors tried to provide emergency relief during armed conflicts and complex emergencies. Inevitably calls were heard for better organization and coordination, and in 1991–92 the United Nations created a Department of Humanitarian Affairs (DHA).

Le droit international humanitaire garantit la protection et l'assistance aux victimes de conflits armés, Cependant, hrsque des personnes deviennent victimes de violations du droit humanitaire, la protection conférée par cette branche du droit cesse de fait. En particulier, a priori elle offre aux victimes de violations graves peu de possibilités d'obtenir réparation, voire aucune.

Le droit international humanitaire diffère nettement sur ce point des tendances en droit international en la matière. Les droits de l'homme, branche de droit analogue mais distincte, définissent clairement le droit des victimes d'obtenir réparation en cas de violation des droits fondamentaux, Depuis peu, le Statut de Rome de la Cour pénale internationale autorise la Cour à déterminer dans sa decision l'ampleur du dommage, de la perte ou du préjudice causé aux victimes et à lew accorder une réparation. En revanche, le droit humanitaire ne garantit pas expressément le droit à un remède juridique aux victimes de violations.

Cet article examine les moyens juridiques mis à la disposition des victimes de violations du droit international humanitaire par le droit interne et le droit international pour qu'elles fassent respecter lews droits fondamentaux. II étudie la question de savoir si les victimes ont droit à un remède et dans quelle mesure elles peuvent faire valoir ce droit. Une brève étude des pratiques nationale et internationale tendrait ainsi à prouver que, s'il n'y a guère de doute sur le fait que les victimes jouissent de droits au titre du droit international humanitaire, ces droits ne semblent toutefois pas justiciable et ne peuvent donc que difficilement donner lieu à un remède.

The 1949 Geneva Conventions and their 1977 Additional Protocols require States Parties to disseminate the content of these humanitarian treaties as widely as possible in their respective countries. Of course, their inclusion in military instruction is indispensable to ensure their implementation in time of armed conflict. But it is equally important to promote knowledge of humanitarian law among those whom it is intended to protect — the civilian population — as well as among those who have to apply it — public officials of various ministries. At the same time, political leaders and decision-makers must also be familiar with that law, so that they are aware of its relevance, realism and mode of operation if and when a conflict should break out. Therefore, to ensure respect for it — and also to promote its development — it is an essential task to include international humanitarian law in higher education. The ICRC has taken a number of steps to achieve just that in the South Asian region.

The ensuing article is based upon a lecture, the last of a series of three, delivered at the Graduate Institute of International Studies, in Geneva, in October and November of 1963. The author would like to take this opportunity to express his grateful thanks to Mr. Jacques Freymond the Director of the Institute, at whose invitation the lectures were delivered, and by whose kind permission the following article is published in this Review.

The three lectures were devoted to the general theme of Christianity and war. More specifically, they endeavoured to deal with the contribution rendered by Christian ideals and thinking to the rudimentary development of the Law of War at a time when theology, morals, and law were not severable. It is from this rich amalgam that Public International Law in general, and the Law of War in particular, emerged as an integral part of the Christian civilization of Western Europe. The subsequent movement whereby International Law reached out from Europe to become more truly universal is still in progress today.

Les questions que le Mouvement international de la Croix-Rouge et du Croissant-Rouge se pose aujourd'hui sur le sens de son action ne diffèrent pas de celles qui sont à l'origine du Mouvement: comment aider le mieux possible? Comment secourir dans l'immédiat et protéger dans la durée? Pour répondre à ces questions, il faut remonter aux premières années du Mouvement.

It is uncertain who will assist the victims of use of nuclear, radiological, biological or chemical weapons if an international response is required, and how this assistance can be provided without undue risk to those providing it. The use of such weapons or any other release of the materials of which they are composed cannot be considered as presenting a uniform risk. There are a variety of risks, each with its own implications for getting help to the people affected and for the health and security of those bringing that help. The political implications are serious and complex. This brief review shows the difficulties inherent in assisting the victims or potential victims of use of nuclear, radiological, biological and chemical weapons.

While States ever more ardently defend their sovereignty, which does little to improve international cooperation, and as the application of humanitarian law in armed conflicts declines, men of good will throughout the world are doing their utmost to reverse these trends. The century now drawing to a close has witnessed a plethora of private initiatives taken in an effort to temper reasons of State by more humane considerations. Many non-governmental organizations, some symbolically styling themselves “without borders”, have taken over where governments can no longer cope, organizing relief, combating drought, preserving the environment or improving sanitary conditions. These voluntary organizations whose vocation is to serve mankind are without question pursuing humanitarian aims as defined in the first Red Cross principle, which is “to prevent and alleviate human suffering wherever it may be found”, and whose “purpose is to protect life and health and to ensure respect for the human being”. Emergency medical assistance organizations, stating that they wish to remain independent of the powers that be, demanding freedom of action to help all victims and encouraged by the example set by Henry Dunant and the ICRC, do not hesitate to claim that their activities fall within the terms of an as yet unwritten body of law entitling them to bring assistance to needy civilian communities, even against the will of the government. Indeed, they believe that receiving proper care is one of the basic human rights of the individual, wheresoever and whosoever he may be. Such basic rights know no national boundary. While awaiting recognition of their activities, the duty to intervene is created by moral considerations.

Video games are influencing users' perceptions about what soldiers are permitted to do during war. They may also be influencing the way combatants actually behave during today's armed conflicts. While highly entertaining escapism for millions of players, some video games create the impression that prohibited acts, such as torture and extrajudicial killing are standard behaviour. The authors argue that further integration of international humanitarian law (IHL) can improve knowledge of the rules of war among millions of players, including aspiring recruits and deployed soldiers. This, in turn, offers the promise of greater respect for IHL on tomorrow's battlefields.

After a careful analysis of the law regarding the use of force in international relations and the practice of States since 1945, the author concludes that the United Nations Charter leaves no room for a “humanitarian intervention” in the internal affairs of a State. In his opinion NATO's armed intervention in the Balkans in the spring of 1999 therefore has no legal basis under the UN Charter. He goes on to say, however, that the question whether NATO's action against the Federal Republic of Yugoslavia may not be justified by an existing or an emerging rule of customary law should be examined. Such a discussion should take into account, on the one hand, the magnitude of the humanitarian disaster to be averted, and on the other hand the absence of objections by the Security Council or (with rare exceptions) by States. The author concludes with an appeal to the permanent members of the Security Council not to use their veto when deciding on action to be taken in the event of humanitarian disasters.

The field of humanitarian action is far from static, and the ICRC has worked over the years to evolve and respond to changing needs and changing circumstances. The past several decades have seen a proliferation of humanitarian actors, protracted, complex conflicts, and the rapid rise of new technologies that have significantly impacted how humanitarian work is done. The ICRC has been continually challenged to adapt in this changing environment, and its core work of supporting separated families – through restoration of family links and through support to the families of the missing – provides insight into ways that it has met this challenge and areas in which it may still seek to improve.

This paper deals with the provisions of contemporary international humanitarian law which prohibit “terrorist acts”, commonly referred to, simply, as “terrorism”.

Since the paper is mainly of a descriptive nature, experts in international humanitarian law will learn little that is new. But if it succeeds in highlighting one specific aspect of the well-known obligations and prohibitions set forth in the Geneva Conventions and their Additional Protocols—namely, the absolute and unconditional ban on terrorism—the objective will be attained. A few basic facts will then have been recalled which should make it somewhat easier to tackle the complex questions as to the essence and legal bounds of guerrilla warfare.

In recent years, there has been more and more interaction and engagement between “faith-based” organizations (FBOs) and secular humanitarian organizations. While humanitarian organizations operate under the humanitarian principles of humanity, neutrality, impartiality and independence, it is often believed that faith-based organizations cannot be neutral or impartial due to their religious identity and agenda. Drawing on the research of Islamic Relief Worldwide, this article looks critically at connections that can be drawn between Islamic religious principles and those upheld as key to secular humanitarian action. The article outlines the Islamic maqasid al-Shari'ah framework as an example of how religious-based approaches can provide a basis for humanitarian action that is both relevant to Islamic communities and complementary to humanitarian principles.

Transitional justice encompasses a number of mechanisms that seek to allow post-conflict societies to deal with past atrocities in circumstances of radical change. However, two of these mechanisms – truth commissions and criminal processes – might clash if the former are combined with amnesties. This article examines the possibility of employing the Rome Statute's Article 53 so as to allow these two mechanisms to operate in a complementary manner. It considers three arguments – an interpretation of Article 53 in accordance with the relevant rules on treaty interpretation, states' obligations to prosecute certain crimes and the Rome Statute's approach to prosecutorial discretion – and concludes that Article 53 is ill-suited to accommodate truth commissions in conjunction with amnesties.

While most law on the conduct of hostilities has been heavily scrutinized in recent years, the law dealing with armed conflict at sea has been largely ignored. This is not surprising. There have been few naval conflicts since 1945, and those that have occurred have been limited in scale; none has involved combat between major maritime powers. Nevertheless, navies have tripled in number since then, and today there are growing tensions between significant naval powers. There is a risk of conflict at sea. Conditions have changed since 1945, but the law has not developed in that time. Elements of it, especially that regulating economic warfare at sea, seem outdated and it is not clear that the law is well placed to regulate so-called “hybrid” warfare at sea. It seems timely to review the law, to confirm that which is appropriate and to develop that which is not. Perhaps a new edition of the San Remo Manual would be timely.