This is the sixth report on international humanitarian law (IHL) and the challenges of contemporary armed conflicts prepared by the International Committee of the Red Cross (ICRC) for the International Conference of the Red Cross and Red Crescent (International Conference). Similar reports were submitted to the International Conferences held in 2003, 2007, 2011, 2015 and 2019. The aim of all these reports is to provide an overview of some of the challenges posed by contemporary armed conflicts for IHL; generate broader reflection on those challenges; and outline current or prospective ICRC action, positions and areas of interest, and bring them to the attention of members of the International Conference.

Like its predecessors, this report addresses only some of the contemporary challenges to IHL. It outlines a number of issues that are the focus of increased interest among states and other actors, as well as the ICRC: nuclear weapons; protection of people in the hands of parties to armed conflict; conduct of hostilities; new technologies of warfare; impartial humanitarian work; and implementation of IHL. These issues include matters not addressed in previous reports, such as separated family members, missing people and obligations on the handling of the dead, food security, military operations in outer space, and how respect for IHL can contribute, in a modest way, to building steps towards peace. This report also provides an update on some issues of concern that were addressed in previous reports and that remain high on the international agenda, such as the urbanization of warfare, autonomous weapon systems and other new technologies of warfare, and protection of people deprived of their liberty.

conscious that the current International Conference of the Red Cross and Red Crescent (International Conference) is taking place at a time when the intolerable suffering of civilians and other victims of armed conflict demands a strong recommitment to our common humanity,

This article examines the role of international humanitarian law (IHL) in safeguarding artisanal fishing communities residing along the banks of the Magdalena River in Colombia after the recognition of the river as a rights-bearing entity1 and a victim of the armed conflict. The article also explores the potential of targeted peacebuilding interventions for achieving sustainable well-being, ecological restoration and enduring peace. Against the backdrop of historical conflict, the Magdalena River and its adjoining communities have suffered significant harm, requiring widespread reparations that go beyond immediate crisis management. The study proposes a comprehensive approach for achieving sustainable well-being, ecological restoration and enduring peace, acknowledging the complex connections between legal frameworks, environmental considerations and the cultural heritage of the riverine community.

Decision-makers rely on intelligence to make targeting decisions that comply with international humanitarian law (IHL), yet the relationship between intelligence and the law is not frequently discussed. This article explores crucial elements of intelligence and intelligence analysis that decision-makers should understand to increase their compliance with IHL, focusing on three crucial decision points: (1) the determination of whether a potential target is a military objective, (2) proportionality in attack analysis, and (3) the taking of effective precautions.

Enforced disappearance and death – and, by extension, the protection of the dead – are related to each other, but this relationship is more nuanced and sensitive that it may initially seem. An automatic equation between the two, as well as the hasty application of presumptions, triggers significant – and often undesirable – practical, legal and psychological consequences. This article explores how this ambiguity is, to a certain extent, unavoidable, and must therefore be reflected in the interpretation of the core international obligations related to enforced disappearance, namely the search for the disappeared, including through inter-State cooperation; investigation aimed at identifying those responsible for the crime, followed by prosecution and sanction; and the provision of psychosocial support and reparations for the harm suffered.

recalling previous resolutions on the high human cost of the use and proliferation of certain types of weapons and the response of the International Red Cross and Red Crescent Movement (Movement) to these humanitarian consequences, in particular Resolution 7 of the 2013 Council of Delegates “Weapons and international humanitarian law”, Resolution 7 of the 2009 Council of Delegates “Preventing humanitarian consequences arising from the development, use and proliferation of certain types of weapons” and Resolution 2 of the 2005 Council of Delegates “Weapons and international humanitarian law”, as well as numerous other resolutions on landmines, cluster munitions, arms transfers, nuclear weapons and war in cities, and reaffirming the commitments undertaken in these resolutions,

International law began as a discipline concerned with the goal of peace, seen as the ideal state of relations between States, focusing on the potential for peaceful settlement of disputes, arms control and disarmament, and the prevention of war. International humanitarian law (IHL) emerged as the first significant development in international law addressing issues of peace and security. The subsequent development of international criminal law (ICL) following World War II has enabled the criminal prosecution of war crimes (serious violations of IHL) as well as crimes against the peace, crimes against humanity and genocide. This article argues that IHL, as it was developed to regulate the conduct of war (jus in bello) as a means of preventing unnecessary suffering, should be considered as separate yet integrally linked to the pursuit of international criminal justice as part of transitional justice in the context of jus post bellum, defined as “the set of norms applicable at the end of armed conflict … with a view to establishing a sustainable peace”. The article analyzes existing scholarship and emerging ideas about the relatively old yet underdeveloped concept of jus post bellum, and what this concept means in practice since the rapid increase in international interventions in peacebuilding and transitional justice in non-international armed conflicts. Applying the author's theory of transformative justice along with jus post bellum principles to the case study example of Cambodia, the paper discusses the complexities, uncertainties and apparent contradictions of establishing a “just peace” that builds on, yet goes beyond, the intersecting norms and practices of IHL and ICL. The article concludes by proposing the need for a radical reconceptualization of jus post bellum in order to support a more sustainable, transformative and emancipatory peacebuilding agenda.

In the quest for “identity dominance” over the enemy, armed forces are increasingly leveraging biometrics for a variety of purposes. This paper focuses on the combat employment of one of them – facial recognition, which, unlike other biometrics, does not appear to have been widely utilized for targeting purposes yet. With the purchasing patterns of advanced militaries suggesting that such a development is around the corner, this paper assesses the compliance with international humanitarian law (IHL) of the use of facial recognition technologies for targeting purposes. It peruses the applicable legal framework to demonstrate that IHL is neutral towards the use of new technologies and that the right to privacy under international human rights law does not preclude the use of biometrics in hostilities. The analysis zooms in on two specific use cases in which facial recognition is likely to be employed on the battlefield, namely (1) targeted killings against combatants and (2) targeted killings against civilians directly participating in hostilities. The paper closes with an acknowledgment that while facial recognition does have obvious operational benefits, it also has the potential to exacerbate targeting practices that stretch the limits of IHL.

It is sometimes said that cruel yet short wars are better for humanity than restrained yet lengthy ones. The idea finds sympathy among Francis Lieber and his Prussian contemporaries, as well as some modern writers who back selective non-compliance with international humanitarian law (IHL) on act-utilitarian grounds. This article refutes three underlying claims and reaffirms that IHL progressively narrows room for crude interest-balancing by its duty-bearers. First, it is claimed that toughening wars quickens them, whereas moderating wars prolongs them. This empirical claim overlooks how actions of the party resorting to brutality – the “brutalizer”, for short – interact with the intention of its adversary. Although the brutalizer clearly controls the amount of violence that it chooses to inflict on its opponent, it does not control the opponent's will to resist and, consequently, the length of the war it fights. History abounds with instances where adding cruelty has stiffened the enemy's resolve rather than accelerating surrender. Second, it is claimed that ruthless but swift wars lessen net inhumanity. On this act-utilitarian view, it is normatively superior to hasten wars through barbarity than to lengthen them through moderation; it is therefore the brutalizer's responsibility to toughen fighting and the brutalized party's responsibility to refrain from resisting the brutalizer. Problematically, the brutalizer usurps authority by imposing its own utilitarian considerations upon the brutalized party. Moreover, the brutalizer blames its disobliging adversary for the extra bloodshed to which it resorts in the name of maximum utility. Third, it is claimed that IHL does or should permit non-conformity when non-conformity stands a reasonable chance of increasing net humanity. This position is inconsistent with IHL's functions, however. IHL does aim to reduce net wartime harm, but it would be a mistake to assume that utilitarian ends necessarily justify, let alone require, utilitarian means. When IHL enacts unqualified rules, it predetermines their conformity or non-conformity through processes that are distinctly not act-utilitarian. Nowhere in these processes do lesser-evil justifications naturally belong.

The “othering” of international humanitarian law has a demonstrated past resulting from the exclusion of so-called “Enemies of the Faith” from the laws of chivalry. It is no surprise, then, that the idea of “sharp war” should seem so natural to some commentators given its historical application “by the discretion of the commander and such rules of justice and humanity as recommend themselves in the particular circumstances of the case”. The application of humanitarian principles, in other words, was the measure of the commander's charity rather than the result of legal compulsion.

The viability of sharp war appears to have increased in attractiveness as conventional State-on-State warfare has seemingly decreased in frequency; however, the question of sharp war has never been approached through a legal historical lens. Utilizing the research found in The Laws of Yesterday's Wars, a multi-author series edited by the present author, this paper seeks to fill this gap by scoping over a range of geographically and temporally disconnected case studies and the customary law developed to mitigate warfare. Ultimately, the paper highlights that “soft war” has naturally evolved in all cultures and that arguments for sharp war are a historical anomaly.

This article provides the personal perspectives of US military operational attorneys and analyzes three significant challenges in applying international humanitarian law (IHL) to modern military space operations: the lack of clear standards for assessing when IHL rules govern particular military activities in outer space; the challenges of effectively distinguishing between civilian objects and military objectives when targeting space systems; and the difficulties of applying IHL rules of proportionality when attacking space systems. To address these challenges, the article argues that States should take steps to develop non-binding norms for military space operations that contribute to broader understanding of States’ views on how IHL applies in space.

This year marks the 160th anniversary of the original Geneva Convention and the 75th anniversary of the four Geneva Conventions of 1949. Together, they have come to embody our common humanity. Alas, recent history teaches us that nothing can be taken for granted – whether people's basic rights or peace.

How international law applies to the use of information and communications technology by States is still a matter of discussion. Against this background, cyberspace has become the main area of competition between States, and this competition, to put it simply, is resulting in a constant low-intensity warfare below the threshold for a use of force. Such low-intensity cyber warfare, from a legal point of view, revitalizes the debate over the concept of a “state of intermediacy” that has the potential to overcome the dichotomy between peace and war. In the present author's opinion, this state of intermediacy also supports the idea that the international humanitarian law (IHL) principle of distinction should be applied, even before the eruption of a full-scale war, whenever wartime means and capabilities are employed by States. This paper argues that some opacities in international law have created favourable conditions for such constant low-intensity warfare, and that tackling the identified opacities would therefore be beneficial in order to achieve a more peaceful cyberspace. Thus, the paper goes on to address one of the identified opacities, namely the definition of espionage under international law, because, as international law now stands, it does not allow us to tackle the other identified opacities. Finally, the paper discusses how the proposed narrow interpretation of espionage can cope with the IHL principle of distinction in the cyber domain.

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.

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.

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.