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Humanitarian Laws
LLB4-B
Research Statement: For over decades we have victimized by the terrors of armed
conflict. On one hand we prohibit it, on other we have laws regulating it. Still, it
does not make a major difference. Humanitarian laws that were developed to
protect innocent victims of wars have been insufficient in doing so.
It ensures the Protection of Individuals that are not willing to be a party to the hostilities and cruelty of
warfare along with restricting means and methods of warfare.
International Law includes International Humanitarian Law 1, that governs relations in between the states.
Agreements between the states-Convention and Treaties 2- contain International Laws that accommodates
Practices that the state is bound to follow.
Nonetheless, whether a state uses force is not regulated by the Law of War because it only applies to
armed conflicts. The use of force is governed by a distinct and significant branch of the International Law
set out by the United Nation Charter.
Humanitarian law was originated from the work of Mr. Henry Dunant. In 1859 after the battle of
solferino3, he witnessed how the wounded were left unattended & untreated. Mr. Henry along with the
women of that region arranged assistance for those who were left wounded as the result of that war.
Mr. Henry then published his experience and recommendation:
1
Humanitarian law is also termed as ‘Law of War’ or ‘Law of Armed Conflict’.
2
Convention and Treaties are legally binding agreement between nations.
3
Battle of Solferino was the last engagement of the second war for Italian Independence.
I. Ever country during peacetime shall have a voluntary relief society to aid the army’s medical
service during the time of the war.
II. Certain basic international principal starter should agree upon, providing legitimate basis to the
safeguard of military hospitality & medical personnel.
It was his recommendation that led to the passing of Geneva Conventions and International committee of
red cross.
States have agreed to follow certain practical rules to strike a balance between the humanitarian concern
& the armed requirement of states. Many states have put in a significant effort to advance and nurture
these rules.
ICRC prevents the suffering of the victims of armed conflict by upholding and strengthening
humanitarian law and universal humanitarian principles.
Their aim is the provision of preservation of lives and dignity of the victims of armed conflicts.
The international conference f Red Cross in Vienna 1965 adopted fundamental principles of movement
that are:
HUMANITY
IMPARTIALITY
NEUTRALITY
VOLUNTARY SERVICE
INDEPNDENCE
UNITY
UNIVERSALITY
Geneva Convention:
Geneva convention and their additional protocols are international treaties that contain the utmost
significant rules that limits the barbarisms of war.
Geneva Convention can be regarded as the core of International Humanitarian Law. It provides protection
to people who are taking part in the war (aid workers, civilians and medical personnel) and those who can
no longer fight (sick, prisoners of war, wounded and ship wrecked troops).
This convention contains strict rules to deal with “grave breaches” and the ones who commit grave
breaches are sought, tried and extradited regardless of the nationality they have.
Additional Protocol 1 Relating to international armed conflicts where armed conflicts in which
people are fighting against colonial domination, alien occupation or racist regime are to be regarded as
international conflicts.
In 2005, a third protocol war adopted creating Red Crystal, an additional emblem which has the same
status as Red Cross and Red Crescent.
Law of Hague:
It is a body of law that deals with rules of conduct of hostilities and establish restrictions or prohibitions
of specific means and methods of warfare and thus restrict the choices of means and methods of
conducting war.
Since, they were adopted at the peace conference held in The Hague, Netherlands in 1899 and 1907 that’s
why these treaties are known as ‘Hague Conventions’.
Convention I: It provides the protection to those who non-actively participating in the antagonism during
the time of conflict. These includes medical personnel, wounded soldiers etc. who shall not be treated on
the basis of discrimination.
Convention II: This convention generally extends the laws of protection to the wounded and
shipwrecked military and naval personnel, hospital ships etc. at sea in times of conflict. It replaced Hague
Convention of 1907 as it affirms the adaptation to provisions related to Maritime warfare under Geneva
Convention.
Convention III: This convention exclusively deals with the prisoners captured in war or any armed
conflict. The Prisoners of War Convention 1929 has been replaced by the Convention III. The provisions
of this convention holds that prisoners of war should be treated with adequate regard and assured that
their dignity shall not be compromised by means of torture. The prisoners of war have several rights
under the Geneva Convention, related to the labour, judicial proceedings as well as their release with the
ceasefire of the hostilities.
Examples of international armed conflict of Pakistan is Conflict between Pakistan and India. Examples of
non-state parties in non-international armed conflict in Pakistan are; Tehrik-e- Taliban Pakistan (TTP),
The Haqqani Network, The Baloch Liberation Army and many others.
Case Law: EFU General Insurance Ltd., vs. M/s. Emirates Airline / Emirates Sky Cargo and
Others
The Sindh High Court gave judgement on May 6, 2020 related to the issue raised, when an attack was
launched on the cargo terminal of Jinnah International Airport, Karachi. The Court has to decide on the
issue that whether this attack was an international armed conflict or non-international armed conflict i-e
between the State of Pakistan and TTP. The Sindh High Court ruled that the conflict is a non-international
armed conflict, therefore, airline carriers were ineligible to pay the compensation to insurance companies.
LAWS IN PAKISTAN:
Non-International Conflict:
Taliban; an armed conflict in Pakistan:
War of terrorism is an ongoing armed conflict in Pakistan. For an act to be classified as an armed conflict
it has to be a combination of legal and illegal activities which are committed against the state. In Pakistan
these armed forces have been trying to influence the laws in accordance with Shari law by using violence
as a force. The intensity and time duration of this violence also makes it an armed conflict. Secondly, they
are non-state people which work as organized party. United Nations Security Council has also taken keen
interest in this conflict while trying to resolve it with peace.
History of Taliban:
The beginning of non-international armed conflict in Pakistan can be dated back to 1994, after Soviet
Union left Afghanistan in 1989 by making an agreement with America, Pakistan, and Afghanistan. A
group of people were created who called themselves “Taliban” which means “a student” in Pashto. This
was made to restore peace and security. They were mainly funded by Saudi Arab with an aim to establish
Shari laws in Afghanistan. Pakistan army, especially Inter-state Intelligence (ISI) trained the militants and
provided weapon. Slowly but surely as they rose to power violations began. Initially they started with
their strict interpretation of Sharia laws for example giving cruel punishments and banning any form of
music in country. Later the abuse got worse, in 2001 they destroyed Bamiyan Buddha and stopped girls
over the age of 10 from attending schools. As all this disturbed Pakistan, in 2002 a military operation
against all the foreign fighting groups hiding in different tribal areas began. By the year 2009, terrorism
was at worst stage, making the government and military of Pakistan to take some important decisions.
Kasmir Issue:
It can be described as a territorial issue between Pakistan and India. After independence both countries
have tried to claim the entire territory. China has also been part of this conflict as a third party. As for
now 55% of the land is under India, 35% is with Pakistan and remaining 20% is with China. This conflict
started when after the independence the Hindu leader of Kashmir joined India. Kashmir has been a reason
for this conflict which to led to three wars in history. First in 1947, second in 1965, and third in 1999 the
kargil war that was never declared by officials.
War of 1947:
From the year of 1947 to 1948, two newly independent countries were at war. This war was initiated
because of Kashmir issue. The war began when Pashtun militants attacked with a mindset to capture the
capital Srinigar on 22 October 1947. As the dispute increased armies of both countries got involved. The
war resulted in killing thousands of people. In the end the United Nations declared the ceasefire. India
was successful in defending while securing one-third of the land.
War of 1965:
In less than twenty years India and Pakistan were at war again. The war began after the failure of
Operation Gibrattar. The plan was to cross the LoC and investigate the Muslim-majority areas in Indian
occupied Kashmir. As a counter act, India attacked the West Pakistan. Though Pakistan was successful in
defending its border, this war also only bought misery on citizens. After seventeen days of war, United
Nations Security Council again interfered to declare the ceasefire under resolution 211.
Children:
Children being most easy targets always become a victim of these conflicts. Around 600 children were
killed by landmines in FATA, from which 27% were under the age 18. These killings occurred as they
were performing their routine tasks of going to school, playing, or collecting fodder for livestock. Also,
there were total of 106 reported cases of missing children and kidnappings. Children from areas of
dispute, if end up living their mental health is strongly compromised. High rate of depression, anxiety,
and posttraumatic stress disorder can be diagnosed after war-crimes. In Sindh, when few children were
interviewed it showed that they possessed the knowledge of weapons and how to use them. Many of them
were even willing to join militant groups to resolve on going conflicts.
Children are beings of love, protection, and care. Compromised childhood will never be able to make
them a contributive member of society. For us to have a secure future of our country we need to resolve
this, so it does not become a conflict which passes from one generation to another.
Women:
Either it is a time of war or peace, women have always been a victim of gender-based violence. War
crimes makes it even more difficult for women to survive. Women especially from Orphans families are
more susceptible to violence. Rape has been used as a weapon during conflict in a very systematic way by
the predators to dominate their power. Many of these women become the victims of human trafficking
and forced prostitution. Many women also become victims of life changing diseases like AIDS and HIV
which further puts a label on them. Women there also do not have proper excess to reproduction health
care. In Pakistan, there are still women imprisoned from the war of 1971 either under the allegations of
illegal crossing of border or Hudood Ordinance. Education of women is also affected, in the year 2012 a
girl named Malala Yousafzai was shot alongside her two friends by Tahreek-Taliban Pakistan gunman on
her way back from school. During the capture of Swat by Taliban, there was a complete ban on girls’
education above the age of 10. Life of women is overall affected due to armed conflicts.
Displacement:
As the situation worsened in areas of conflict, people had to leave their homes. Poor living standards
pushed people out while others were forced. With an increase in attacks and operations government had
to issue a formal statement declaring people from troubled areas in FATA, Waziristan, and Azad Kashmir
refuges. Estimated 30,000 people were displaced from the LoC while there are more than fifteen refugee
camps in Azad Kashmir. Some of these families are now broken either for the time being or forever.
Parents not being able to protect their children are separated to look for better life facilities.
Destruction of Property:
With war, there comes a destruction. This takes a major tole on civilian objects. Planned attacks are done
to destroy the properties. Just during the June of 2008 thirty-nine girls’ schools were bombed by Tahreek-
e-Taliban. Several music shops and entertainment places were attacked. Spokesperson of the group
Muslim Khan issued a statement admitting to blowing up the schools, army guesthouse and Orakzai hotel.
Other major suicide attacks were done which resulted in targeting civil people and objects. In September
of same year Islamabad came under attack after the suicide bombing at Marriot Hotel which killed fifty-
four people.
Social Damage:
Armed conflicts not only affect the lifestyle of people but also the social thinking. The literal meaning of
Taliban is students and they associated themselves with Madrasas. This meant that they are the students
of Madrasas. Madrasa is a scared place for Muslims where they learn Quran and Islamic teachings. After
the Taliban activity Madrasas got symbolled as place which is the originating point for terrorist. A group
against the use of Children soldiers stated that “the situation of education is Islamic schools of Pakistan
(Madrasas) is a concerning matter for national as well international reasons”. These people have also
damaged the international repute of Muslims. Islam now being labeled as an extremist religion which
promotes violence.
https://www.rulac.org/browse/conflicts/non-international-armed-conflicts-in-pakistan#collapse2accord
https://www.tandfonline.com/doi/full/10.1080/10576100903582535
https://www.icrc.org/en
http://www.the-monitor.org/en-gb/reports/2020/pakistan/mine-ban-policy.aspx