Conflict: Causes, Consequences & Resolution - Essay Sample

Introduction

All over the globe, clashes of interests on a variety of basis, either personal, class, racial, political, caste, and internal have been experienced. In conflict escalation, some lead to conflict resolution stage where they eventually return regular interaction. Articles in the past show that crisis threatens the existence of relationships between states and jeopardizes their economies and security levels (Doebbler, 2005). International conflicts break into war, and significant calamities of the parties involved risking the country's achievements and the dignity of their stand. Human law began in the first Geneva Convention on the condition of the Wounded Armies in the field battles. A scholar, Dunant, suggested that states should have relief societies providing care for those wounded in the war. The aspect drove to Geneva Conventions and brought the founding of the International Red Cross. Twelve nations signed in 1864 for the Geneva Convention, where they agreed to give neutrality to medical persons expediting supplies for usage and adopting distinctive identifying emblem (Quéguiner, 2006). The four Geneva Conventions with the Hague Conventions are the primary sources of the current international humanitarian law, which is broken down into subcategories; Hague Law and Geneva Law. The informal and formal regulation of the armed conflict existed almost as long as the armed conflict itself. The IV Convection is of significance in occupation and defines trade, which applies to date and sets out fundamental principles that regulate invasion. A universal provision for the four Geneva Convention is Article 3, which sets out necessary guarantees for every non-international armed battle situation (Quéguiner, 2006). The Article includes a prohibition of murder to civilians, mutilation, torture, the taking of hostages, and all cruel and degrading treatment on the battlefield.

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The purposed contribution of knowledge shows an application of international humanitarian law and rules on the presence of crises and wars has proven to be effective. The act of war has regulated the war conditions and how the warring parties should conduct themselves (Pictet, 1985). The war laws define nationhood and sovereignty, occupation, territories, and states, among other vital terms of international law. The understanding is that the current regulations address the war declarations, acceptance of prisoners' surrender and treatment, military necessity, proportionality and distinction, and the denial of certain weapons able to cause the suffering of high magnitude (Goldstone & Smith, 2015). The law of war is distinct from various acts, such as domestic law having specific belligerents to conflict, providing additional legal limits to conduct, or the justification of war. Judicial bodies and International courts take a formative role in developing humanitarian law. There is a clear vision that the enforcement of international law through domestic courts is significant. The great powers allocated to a country in time of war can bear catastrophic impacts on the security and lives. The researcher finally seeks to answer the following questions:

• What is Humanitarian Law?
• Has been effectively implemented over the years of conflict?
• On the other hand, can we point out on the benefits of the Humanitarian Law in service to people?
• Can international conflicts be predicted to end with strict applications of rules of regulations on Humanitarian Law?

All these among other questions will be tried by the researcher.

The novelty and intended contribution to Knowledge: The project will represent the way to the interpret the international humanitarian law and how to solve issues pertaining the cases related to the same. The project will thus offer the victims of civilian wars on how to seek justice when they are oppressed and suffer injustices due to one cause or another. The project will also encourage the various international bodies of human rights protection on how to react to cases raised by civilians and how to speed the recovery process.

Methodology: The researcher will use various methods of research to achieve the aims and the objectives and answer the questions raised. The methodologies include interviews and with affected victims through the administering of relevantly structured questionnaires; research on existing cases studies on international humanitarian law, and research into peer reviewed journals on the topic. Through the research into the previously peer reviewed journals, the project will establish the underlying issues and gaps in the international humanitarian law and then help address them.

Academic effect: The academic effect of this project is to bring to light the protection given to civilians and citizens internationally and locally as their wellbeing is a great concern. Domestic courts are not the only institutions reliable for the provision of balance and checks on the country's exercise of powers during armed conflicts. The institutions are faced with political constraints related to public opinions and security concerns (McCoubrey, 2019). The domestic courts of the democratic countries are in a better institutional level to enforce the international humanitarian law for the testimony and evidence that are easier to collect; the judicial authorities and federal investigation are available and functional. The proceedings are therefore held swiftly in a cost-efficient manner. The researches done overtime have a clear impact as people are involved of what to expect and the federal rulings have severe consequences on the various societies, as they are not perceived as inventions or external pressures –and when trials are held in a state, their positive effect and outreach are most likely to be guaranteed. Conduct of hostilities limits and regulates the means and methods of warfare by the warring parties. The law strikes a balance between the humanitarian aim of reducing human suffering to civilians and legitimate military action (Bothe, et al., 1982). The limits on waging war have existed for many centuries. Often, this was a matter of unwritten agreements on behavior and, at times, recognition of the real potential retaliation only if particular limits were overstepped. Sometimes, ordinary humans restricted the impact of war. The international community's trial to have competent legal limits on behavior in the war began in the 19th century. Increased protocols and growth of customary law, now there is extensive law body regulating the conduct of hostilities. The main principle of distinction goes through all the code to do with the handling of hostilities. The protection of civilians is the main preoccupation of humanitarian enforcers into devising standards of training and engagement for states' armed forces, humanitarian on the ground, and non-state armed forces. With the improved norms, the condition on the land states that al abuses of each kind continue to be done, and the victims feel no change for them (Bradley, 2016). Decreased interstate wars prove that the nature of warfare is changing over time than the past, and the internal conflicts have taken an increment route due to the unregulated flow of weapons.

Social Impact: Humanitarian Law researchers have clear shown that the social aspect across all nations is at a great risk if regulations are not followed strictly. People working on protection issues go through thorough training, and standards are better integrated; hence, results are far from satisfactory. Geneva conference brought together diplomats, humanitarians, experts, soldiers and journalist for a sincere debate on the issues affecting civilians' protection and made recommendations for the future taken in the summary report (Czelusta, 2003). NGOs play an increasingly significant role not only as organizations involved in making rules but also as international political actors to implement and enforce international law. These organizations have gained a global status equal to that of an international organization or the states. There are a disparity impact and reality of NGO involvement and the international framework regulating participation. NGO roles have significantly increased within every organization, international court, or treaty body (Barrat, 2014). There is not an outstanding set of international regulations terming NGO as a category. It becomes relevant to examine and survey the international laws that control NGO actions at a global level to arrive at a legal conclusion of NGO status and how it should evolve and the accountability to be given international level approach. In the aspect of technology, technological growth has risen means and methods of warfare, such as; armed drones and drones, cyber-attacks, lifting novel humanitarian and legal challenges. When acquiring and developing all the new weapons, methods and means of warfare, it is of great importance for a nation to assess whether it is in line with the international humanitarian law. Applying the above rules to a developed technology may cause a lack of clarity on the rules, making them questionable in line with the technology's characteristics and foreseeable humanitarian effects. The international laws have taken reasonable control of all war terms regulating mass destruction and loss of lives in crisis cases and bringing a white flag in the international collaboration for peace and harmony. The lives of people are safer than an earlier century as technology has brought stability to most developed countries in terms of weapons, hence all beings on the watch out for the greater good.

References

Barrat, C. (2014). Status of NGOs in international humanitarian law. Martinus Nijhoff Publishers.

Bothe, M., Partsch, K. J., & Solf, W. A. (Eds.). (1982). New rules for victims of armed conflicts: commentary on the two 1977 protocols additional to the Geneva Conventions of 1949. Martinus Nijhoff Publishers.

Bradley, M. (2016). Protecting civilians in war: the ICRC, UNHCR, and their limitations in internal armed conflicts. Oxford University Press.

Czelusta, M. G. (2003). Global Strike Task Force and Stryker Brigade Combat Team: Prospects for Integration in the Forcible Entry Mission. ARMY COMMAND AND GENERAL STAFF COLL FORT LEAVENWORTH KS..

Date, J. P. Should Torture be Justified in any Case?. Order, 115(966), 7955.

Doebbler, C. F. (2005). Introduction to international humanitarian law. Lulu. Com

Goldstone, R. J., & Smith, A. M. (2015). International judicial institutions: the architecture of international justice at home and abroad. Routledge.

McCoubrey, H. (2019). International humanitarian law: modern developments in the limitation of warfare. Routledge.

Quéguiner, J. F. (2006). Precautions under the law governing the conduct of hostilities. International Review of the Red Cross, 88(864), 793-821.

Pictet, J. S. (1985). Development and principles of international humanitarian law: course given in July 1982 at the University of Strasbourg as part of the courses organized by the International Institute of Human Rights (Vol. 2). Martinus Nijhoff Publishers.