Au cours des années 90, l'intérêt de la recherche et de la pratique sʼest tourné vers la prévention de conflits, cʼest-à-dire toute activité tendant à gérer ou à résoudre des situations conflictuelles avant quʼelles ne dégénèrent en affrontement ouvert et violent. Cet article examine les possibilités et les chances de succès d'actions de prévention entreprises, soit par un État, soit dans un contexte multilatéral. L'expérience des dernières années démontre clairement que les États ne souhaitent pas sʼexposer dans un conflit qui ne les concerne pas directement. Les conflits d'aujour d'hui en appellent done à des stratégies plus complexes, et seule une approche multilatérale a une chance d'aboutir à des résultats satisfaisants. Il existe aujourd'hui un grand nombre d'organisations gouvernementales et non gouvernementales — universelles et régionales, grandes et petites —, chacune avec un mode d'action bien distinct, ce qui permet l'engagement de l'une ou de l'autre, selon les données de la situation.

The rehabilitation of essential services infrastructure following hostilities, whether during a conflict or post-conflict, is a complex undertaking. This is made more complicated in protracted conflicts due to the continuing cycle of damage and expedient repair amid changing demands. The rehabilitation paradigm that was developed for the successful post-World War II rehabilitation of Germany and Japan has been less successful since. There are a myriad of conflicting interests that impede its application, yet the issue consistently comes down to a lack of systems-level understanding of the current situation on the ground and a lack of alignment between what is delivered and the actual local need. This article proposes a novel conceptual framework to address this, affording a greater “system of systems” understanding of the local essential services and how they can be restored to reflect the changed needs of the local population that has itself been changed by the conflict. The recommendations draw on heuristic practice and commercially available tools to provide a practicable approach to restoring infrastructure function in order to enable essential services that are resilient to temporary returns to violence and support the overall rehabilitation of the affected community.

Sexual violence and rape in armed conflicts are widespread phenomena, with devastating consequences. Over the last thirty years, our understanding of these phenomena has significantly improved. Today humanitarian and health professionals understand better the reality, scale and impact of sexual violence on the personal, physical, social and mental health of individuals and communities. Rape is recognized to have a dehumanizing effect, as much as torture or mass violence. Major efforts are put into providing an effective and ethical response, with respect and sympathy to the survivors. Health and humanitarian assistance contribute to the healing and resilience of survivors and communities. Looking forward, programmes must be centred on the person, promoting their autonomy and dignity, and integrating medical, psychosocial and socio-economical responses.

Since the constituent Conference in October 1863, which gave birth to the Red Cross,1 the International Conference of the Red Cross and Red Crescent has met on thirty occasions. The first meeting took place in Paris in 1867 and the thirtieth in Geneva in November 2007. What contribution has the Conference made to the development of international humanitarian law and humanitarian action? What are the main challenges that the Conference has had to face? Where has it succeeded and where has it failed? These are the questions that this article seeks to answer.

The COVID-19 pandemic has served as a wake-up call for humanitarian aid actors to reconsider data collection methods, as old ways of doing business become increasingly obsolete. Although access to information on the affected population is critical now more than ever to support the pandemic response, the limitation of aid workers’ presence in the field imposes hard constraints on relief projects. In this article, we consider how aid actors can use “big data” as a crisis response tool to support humanitarian projects, in cases when the General Data Protection Regulation is applicable. We also provide a framework for examining open-source platforms, and discuss the advantages and privacy challenges of big data.

Since the 1990s, the concept of ‘state-building’ has become the means by which intervenors have attempted to tackle ‘state failure/fragility’. The ‘ideal’ referred to when attempting to do this – both theoretically and in practice – has been that of the classic ‘nation-state’ as developed by Max Weber. To answer the question posed by the title above, the article first looks generally at the evolution of the current state-building paradigm and global governance discourse. Second, a background of historical attempts at state-building in Afghanistan is given. Third, an assessment is made of the international community's approach to Afghanistan since 2001. Finally, the appropriateness of replicating a Weberian state-building model onto more traditional societies such as Afghanistan – where modes of governance and authority are often informal, complex, and characterized by historical and charismatic sources of legitimacy – is addressed. Until now, such contexts have barely been acknowledged, still less understood, by intervenors. Today, however, some academics are beginning to outline an alternative response to state fragility, recognizing more traditional sources of legitimacy and a hybridity of political order.

Protectionist frames of children as passive, uncomprehending victims characterize the international architecture of responding to children in war. However, stories such as those in children's war memoirs draw attention to the agency and capacity of children to negotiate and navigate distinct traumas and experiences in war. Children experience particular vulnerabilities and risks in conflict zones and their potential as contributors to the solutions to war must also be taken seriously. Children's authoritative voices in memoir writing reveal the limitations of protectionist-dominated approaches and offer a rationale for taking the participatory elements of international humanitarian mechanisms and responses to conflict more seriously. Such a move may help address the comprehensive silencing of children's voices in the institutional architecture concerned with children in war.

Fifty years after the adoption of the 1954 Hague Convention, the entry into force of the Second Protocol is the most recent step forward in the legal protection of cultural property during armed conflicts. The aim of this article is to explain the significance of the new rules introduced by this instrument. Drawn up within the framework of UNESCO, the Second Protocol takes into account major developments in international humanitarian law, international criminal law and cultural heritage law. It significantly reinforces the provisions of the Hague Convention, particularly regarding measures to safeguard and ensure respect for cultural property, provides for a new system of enhanced protection, establishes a new institutional framework, defines serious violations, which entail individual criminal responsibility and the duty upon States Parties to establish jurisdiction over those violations, and, finally, extends the scope of application to non–international armed conflicts.

Adopting a feminist perspective, this paper analyses the doctrine of humanitarian intervention and its impact on women in recipient states, particularly with regard to sexual violence. By analysing the phenomenon of post-conflict trafficking in Kosovo following the NATO intervention, the author presents a challenge to the ‘feminist hawks’ who have called for military intervention in situations of systematic sexual violence. It is the author's contention that such intervention would be counterproductive for women's rights and thus constitute a disproportionate response to sexual violence in terms of the international law governing the use of force.

Before a framework can be set for efforts centred on human security to combat chaos, instability and insecurity in conflict areas, the human tragedy in those areas must be understood and discussed. This article analyses the human tragedy in Iraq and shows that it extends beyond our current perception of the situation. The war has led to the loss of lives and social capital, and has destroyed the Iraqi infrastructure. This substantially lowers the quality of life, leads to the inability to provide essential services and renders state-building activities even more difficult. In line with the policy of the Organisation of the Islamic Conference, the article also emphasizes the need for reconciliation between the various groups in Iraq, an end to sectarian tensions and the preservation of the country's territorial unity as the ultimate resolution of the Iraqi question.

This article modestly seeks to address some of the various matters related to transitional justice and focuses on whether penal repression for violations of international humanitarian law and international human rights law must be insisted upon in all situations, or if there are cases where other action, in particular amnesties, would be more appropriate to ensure national reconciliation or the peaceful development of a country. Dilemmas clearly exist in responding to such choices, calling for the ability to maintain a judicious balancing act between competing important interests, including the most basic decision of whether or not to provoke the dragon on the patio.

For some years it has been customary to call “humanitarian law” that considerable portion of international law which owes its inspiration to a feeling for humanity and which is centred on the protection of the individual. This expression of humanitarian law appears to combine two ideas of a different character, the one legal and the other moral. Now, the provisions which are the subject under study are, as will be seen later, precisely a transposition in international law of considerations of a moral order, and more especially humanitarian. This then would seem to be a satisfactory designation.

The article discusses the “ethnic paradigm” that currently prevails in analyses of Iraqi history and politics. While acknowledging the strong forces associated with ethnic and sectarian loyalties in the country, the article points to three important indicators of the surviving Iraqi nationalist sentiment that cut across these ethno-sectarian categories. It highlights the misfit between Western approaches to Iraqi politics and indigenous Iraqi political thinking on ethnicity and sectarianism, and pays special attention to the implications for the debates about federalism and the partitioning – “soft” or “hard” – of Iraq.

This article examines the status of military and civilian personnel of sending states and international organisations involved in UN peace operations. It undertakes an assessment of relevant customary law, examines various forms of treaty regulation and considers topics and procedures for effective settlement of open issues prior to the mission. The author stresses the need for cooperation between the host state, the sending states and the international organisation in this context. He draws some conclusions with a view to enhancing the legal protection of personnel involved in current and future UN peace operations.

On 1 January 1994, Mexico's awakening after New Year's Eve was rude to say the least, for that was the date chosen by a hitherto unknown guerrilla movement, the Ejército Zapatista de Liberación Nacional (Zapatista National Liberation Army), to launch a simultaneous attack on several municipalities in the south-eastern Mexican State of Chiapas, and particularly on its jewel, well known to tourists — San Cristobal de Las Casas.

Modern armed forces are employed in a wide array of operations that range from peacetime riot control to outright international armed conflict. Classifying these various scenarios to determine the applicable international law is rendered difficult by both the lack of clarity inherent in the law and the political factors that tend to enter the decision-making process. The author describes the major challenges of legal classification facing the military leadership, and proposes a solution to ensure that the intended beneficiaries of the law – from soldiers to civilians – do indeed receive its protection.

This issue of the International Review of the Red Cross addresses the importance of understanding armed groups and the norms by which they are bound. One way of gaining insight into armed groups and engaging with them on improving respect for the law is to examine the rules and decisions that they choose to adopt.

In 2008, the International Committee of the Red Cross (ICRC) published a study on increasing the respect for international humanitarian law (IHL) in non-international armed conflicts.1 The study identified codes of conduct as one of the legal tools to improve compliance of armed groups with IHL.2 While they do not guarantee respect for the law, codes of conduct provide an important glimpse into the ideological and organizational structure of an armed group, its chain of command, and the rights and obligations that the hierarchy of the armed group chooses to bestow on its members. Furthermore, codes of conduct can provide a basis upon which legal representations can be made and accountability required regarding norms of IHL.3

Several authors in this edition of the Review discuss the importance of codes of conducts for understanding and engaging with armed groups.4 The Review has thus decided to include a collection5 of codes of conduct, or relevant extracts thereof.6 All materials in this collection are publicly available.7 They originate from various geographic areas and time periods – from China in 1947 to Libya in 2011 – and provide an insight into different armed groups' views of and appreciation of humanitarian norms.8 The publication of these codes of conduct does not in any way imply endorsement by the Review of the content of these documents.

Before the International Criminal Court (ICC) came into being, world public attention was focused on issues such as the significance of the Court's establishment, the importance of implementing international criminal justice and the time when the Rome Statute could enter into force. Once the Court was established, attention naturally turned to practical issues, such as whether it would be able to operate normally and perform its historic mission. The question of whether the ICC can operate effectively and perform its mission largely depends on the scope and degree of co-operation provided to it by states. This co-operation concerns not only states party to the ICC but also non-party states. This article offers to explore the obligation of non-party states to co-operate under international law, the prospects of their co-operation and the legal consequences of non-co-operation. The author suggests that beyond the general principle of the law of treaties according to which treaties are binding only on states parties, when viewed in the light of other general principles of international law, co-operation with the ICC is no longer voluntary in nature, but is instead obligatory in the sense of customary international law. Therefore, while a state may not have acceded to the ICC, it may still be subject to an obligation to co-operate with it in certain cases.