Implementation of International Humanitarian Law - Exploratory Essay

Introduction

It is understood that both diversity, as well as complexity, are the known hallmarks of the armed conflicts experienced across the globe. Specifically, they reflect a worldwide situation that is changing between two poles. For example, new world order is considered more structured and is better positioned to handle the universal dimension of available key problems, such as unemployment, drugs, international crime, underdevelopment, and uncontrolled demographic growth, to mention a few (Christer-Nilsson, 2005). Therefore, moving towards the first pole implies a strengthening of international agencies, the capacity of United Nations to take action, supranational jurisdictions, as well as coordinated bodies. In particular, this culminates in the emergence of an innovative worldwide order where war does not exist.

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Modern quests for identity as well as independence determine expression in territorial claims or even extreme nationalist movements that take part in developing serious instabilities and contribute to the rise of fundamental abuses including the massacre of an entire population or forcible displacement in the name of ethnic cleansing. The available frustration provokes such abuses above that young individuals to feel in many countries across the world (Chesterman, 2001). Specifically, these are incapable of checking mushrooming demographic development or even to provide young people an adequate place in society. It is noteworthy that this kind of frustration can lead young people to adopt extremist of all types as well as to wanton violence. On the same note, terrorist cats play a critical role in an amounting spiral of measures that increase tension not forgetting fostering feelings of rejection between individuals.

The two poles aforementioned are not contradictory because an excellent-organized world does not preclude respect for cultural identity. However, their valid goals are not reconciled easily in a situation imbued with misunderstanding as well as suspicion. The reason is that most human beings find themselves a general surrounding with economic difficulties experienced even by wealthy nations. This promotes the latter to look inward as well as cut their spending on poor states and a considerable balanced international architecture (Abbott, 1999). However, this does not imply that people must take the morbid perspective that a condition is worse as compared to before situations. Individuals should keep in mind the available positive characteristics of the present times. This should include the end of colonialism, the support of human rights, end of cold war, as well as defeat of apartheid.

The transition period experienced in the recent years will last for some time and is expected to continue to ignite tragic upheavals as the ones witnessed today. Therefore, the humanitarian organizations are required to handle the conflicts of complexity as well as diversity where structured armed forces coexist with disorganized forces that might be out of control or even have no other goal as compared to the immediate satisfaction of personal needs.

It is important to understand that the enforcement of the international humanitarian law (IHL) faces numerous challenges. Notably, a number of the issues are inherent because IHL utilizes to armed conflicts. In particular, a condition must be categorized before the law is applied. Prevailing enforcement approaches either do not function or have their restrictions. For instance, in asymmetric conflicts, it is hard to achieve the respect for IHL. Nevertheless, more risky challenges in perception are experienced. It evident that the gap existing between the burgeoning promises of protection by the law mentioned above undermines the credibility of the law as well as the willingness to respect it.

With that said, the implementation mechanisms of IHL are divided into three types, namely respect measures during armed conflicts, preventive measures to take in peacetime, as well as repressing measures of violations. Some researchers maintain that considerable progress has been experienced with preventive, especially in dissemination, national training, and legislation in the modern world. Nevertheless, clear success is lacking in respect measure, but it is considered the vital test for the war victims. It is important to note that the challenges IHL experiences when it comes to its respect are manifold as well as difficult to categorize because many of them are interlinked (Doswald-Beck & Vite, 2003). In particular, most of them are regarded old and inherent to the law; thus, the condition to which it applies is critical. On the same note, some few challenges about the topic under study are new. Some of them are because of reality and others perception of reality. Therefore, some challenges can be overcome by a minimum of political will while others require profound transformations in the international society or even human nature. In simple terms, the paper at hand addresses many of challenges and their solutions as far as IHL implementation is concerned. It is evident that IHL should vanish upon the disappearance of the phenomenon regulated (Plattner, 1990). Therefore, individuals should understand the available challenges about IHL implementation and the possible solutions required to overcome the issues. Otherwise, the international community will continue facing the challenges that contribute to the unsuccessful enforcement of the IHL.

Implementation

To begin with, implementation is a term that addresses all measures that should be considered to make sure that the rules, as well as regulations of IHL, are respected. Nevertheless, it is not enough to utilize the rules mentioned above once the fighting has started. Some measures must be taken in peace and wartime. In particular, the measures play a critical role in ensuring that the military, as well as civilian personnel, are aware of the IHL rules. On the same note, the measures should ensure that the architecture, personnel, and administrative arrangements required for compliance with the law are in place. Last but not least, the measures should make sure that violations of humanitarian laws are controlled as well as punished when they take place.

Who Implements

It is evident that all countries across the globe are responsible for adopting as well as conducting measures enforcing humanitarian law. Specifically, either one or more government ministries, the courts, the legislature, the armed forces, as well as other state agencies may take the available measures. Also, educational and professional bodies, Red Crescent Society, the National Red Cross, or other voluntary firms may take the role of implementing the IHL. What is more, various measures have been taken as a global stage to handle humanitarian law violations. For instance, an international fact-finding commission is formed, and different states are promoting to utilize its services. Additionally, various tribunals have been developed to handle violations committed during the modern conflicts in Rwanda and Yugoslavia. An international criminal court was formed via the 1998 Rome Statute. Nonetheless, the states are considered responsible for adequate implementation of IHL, and which should embrace measures at a national level.

What Needs To Be Done?

The states who are ready to implement the IHL should do some of the measures mentioned below to ensure effective enforcement. First, the countries should possess the required conventions as well as various protocols that are translated into the national dialect. On the same note, the organizations involved should play a vital part in spreading knowledge of their provisions within the general population as well as armed forces (Orford, 2003). Additionally, countries are required to repress all existing violations highlighted as such in the instruments mentioned above and embrace criminal legislation that punishes war crimes. Various nations should make sure that individuals, places, as well as properties protected by the law are determined, protected, as well as marked. On the same note, organizations should adopt measures to control the misuse of various symbols such as the Red Cross and Red Crescent as well as the emblems offered for in the protocols and conventions.

Additionally, countries and other organizations should make sure that protected individuals enjoy judicial as well as other underlying guarantees during the period of armed conflicts. Similarly, they should not only appoint but also train individuals in IHL, especially legal advisers within the armed forces. Also, the aforementioned stakeholders should offer for the development and regulation of national Red Cross and Red Crescent communities, civil defense companies, and national information bureau (McCoubrey, 1990). Lastly, governments should provide for the development of the hospital, demilitarized, security, as well as neutralized zones. Simply put, the above measures demand the adoption of legislation or important regulations. Notably, others may need the establishment of educational schemes training personnel, administrative processes, and the introduction of planning processes. Precisely, the presented measures are important in making sure adequate enforcement of the humanitarian law.

How Implementation is Done?

It is important to comprehend that careful planning, as well as regular consultation, are critical aspects to appropriate enforcement. In fact, numerous countries have developed national humanitarian law committees or similar bodes for IHL implementation roles. It is evident that states bring together various government ministries, professional bodies, national organizations, as well as other available agencies with duties or knowledge in implementation field (Shelton, 2003). Specifically, the bodies mentioned above have proved to be appropriate means to encourage national enforcement. On the same note, other states are in a position to provide considerable assistance with enforcement. The advisory service on IHL helps the international committee of the Red Cross offers advice as well as appropriate documentation to different governments on national enforcement.

Challenges

Conflicts Aimed at Exclusion

It is clear that IHL experiences some conflicts and the real problem occurs where individuals and organizations are not willing to apply the set rules. For instance, the practice of ethnic cleansing targeted at displacing segments of a population by exterminating them or even by force. In this conflict, violence, hatred, propaganda spiral, as well as fear contributes to a considerable momentum that leads to ruling out any potential of cohabitation with other groups as well as reinforcing group identify at the expense of national identity. At this point, exclusion is considered a necessity and might contribute to extermination. It is noteworthy that IHL prohibits forcible displacements and is incompatible with tryouts to genocide.

Many serious security incidents that influence organizations are related to the state mentioned above of affairs, and this might arise even when small as well as minority groups pursue the goals highlighted above. Once a state has decided to aim at a humanitarian event that might interfere with its plan, a small number of well-organized as well people can contribute to a considerable deal of trouble for various humanitarian agencies (Maurer, 2012). It is important to comprehend that the response of humanitarian action, as well as the law to the aforementioned conflicts, calls for careful consideration.

IHL cannot function in the right way unless the stakeholders in a conflict are convinced that regulations are vital and their application does not hinder them in the pursuit of their m...