Save Humanity From Scourge Of Wars

The four Geneva Conventions adopted on August 12, 1949, mark their 75th anniversary this year. Together with their Additional Protocols adopted in 1977, these Conventions form key instruments of international humanitarian law (IHL). These instruments contain rules that limit the effects of war, protecting those who do not take part in the fighting (civilians, medics, aid workers) and those who can no longer fight (wounded, sick, and shipwrecked troops, prisoners of war). IHL also regulates the means and methods of warfare. The original Geneva Convention, adopted in 1864, served as a predecessor to the 1949 Geneva Conventions and laid the foundation for modern IHL. IHL, also known as the law of war or the law of armed conflict, finds its roots in the religious texts of major religions. The Ramayana and Mahabharata, two Sanskrit epics in the Itihas category of Hindu Dharma, contain elaborate rules of war. 

The Geneva Conventions are universally ratified by 196 states. The rules of war, whether treaty-based or customary, are binding on all parties to a conflict, including both state and non-state armed groups (NSAG). The primary aim of IHL is to preserve a minimum of humanity even in times of war. The First Hague Peace Conference of 1899 adapted the principles of the 1864 Geneva Convention to maritime warfare. The 1929 Geneva Convention was adopted in response to the inadequate protection of prisoners of war. Similarly, the 1949 Geneva Convention was adopted to address the needs of the civilian population. A notable feature of the 1949 Geneva Conventions is Article 3, which is common to all four conventions. Though limited in scope, this one-page article marked the first time non-international armed conflicts (NIAC) were addressed in IHL, establishing fundamental provisions that serve as a minimum standard in all armed conflicts. It is often considered a "treaty in miniature."

Right to self-determination 

The development of IHL-related treaties have continued since 1949 in response to evolving challenges. The Additional Protocols were developed in 1977 to address gaps in the means and methods of warfare. Protocol I covers international armed conflicts (IAC), including wars of national liberation against colonial domination, alien occupation, and racist regimes, recognising the right of peoples to self-determination. Protocol II focuses on NIAC, representing a significant development in IHL, although it is not universally ratified and has a limited scope of application. IHL treaties continue to evolve, with the most recent being the Treaty on the Prohibition of Nuclear Weapons, adopted in 2017. This ongoing development reflects the dynamic nature of IHL as it adapts to new challenges in armed conflict.

Compliance with IHL faces challenges similar to those encountered by other branches of international law. The sincere implementation of treaty provisions relies heavily on the goodwill and commitment of States. The role of non-state armed groups is equally crucial in ensuring respect for IHL, particularly in situations of NIAC. States must fully commit to compliance with IHL and embrace a collective responsibility for peace, translating into concrete and positive impacts on the ground. The Geneva Conventions and their Protocols call for measures to prevent or halt all breaches. Over the past 25 years, despite numerous UN Security Council resolutions, civilians have been subjected to attacks, displacement, violations, injuries, and death by the most reprehensible means.

Concurrently, humanitarian action has increasingly been obstructed in many conflicts. According to the International Committee of the Red Cross (ICRC), there were 20 active conflicts in 1999. Today, there are over 120 recorded conflicts, involving more than 60 states and 120 non-state armed groups. Nepal acceded to the 1949 Geneva Conventions on February 7, 1964. Additionally, it has acceded to the Geneva Gas Protocol of 1925, the Convention on the Rights of the Child (CRC) of 1989, the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict of 2000, the Biological Weapons Convention of 1972, and the Chemical Weapons Convention of 1993. However, Nepal has not yet acceded to the 1977 Additional Protocols which are key instruments of IHL.

Appropriate measures

Following the conclusion of the comprehensive peace accord in 2006, it was anticipated that Nepal would join additional IHL treaties, such as the 1977 Additional Protocols and the Rome Statute of the International Criminal Court. Despite these expectations, there has been no additional ratification of IHL instruments. Despite this lack of ratification, Nepal has been proactive in promoting IHL among civil servants, security forces, judicial bodies, and academics. The creation of a National IHL Committee by the government in 2007 was a significant step, serving as a high-level mechanism to promote IHL and other related initiatives. 

Nepal has also taken the lead in organising IHL conferences for authorities, security officers, judicial officers, and academics.  

However, the effort to finalise a national implementation law for the Geneva Conventions has been pending for a long time. As Nepal marks the sixtieth anniversary of its accession to the 1949 Geneva Conventions in 2024, it is an opportune time to review the country's ratification and implementation of IHL treaties and take appropriate measures. The ICRC has provided its expertise to support the promotion of IHL during and after the conflict in Nepal.

(The author served as Head of Communications and IHL in the International Committee of the Red Cross Mission in Kathmandu 2001- 2022.)