Development and principles of international humanitarian law : course given in July 1982 at the University of Strasbourg as part of the courses ... of Human Rights (Nijhoff Law Specials, No. 2)
Jean Pictet
Language: English
Pages: 108
ISBN: 9024731992
Format: PDF / Kindle (mobi) / ePub
Book by Jean Pictet, International Institute of Human Rights
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permanence, since it is usage which gives it form. It is for this reason, although we are not always conscious of it, that history holds so large a place in the study of legal disciplines. Let us then outline the evolution of humanitarian thought through the ages and see what events shaped the law whose study we are undertaking. To protect man against the evils of war and arbitrary treatment is not a new idea. Springing up long before the dawn of history, it has grown steadily more powerful, and
1 The historic elements in this chapter come mainly from the works of Mr. I. Harding, Mr. G. Fehr, Mr. P. Boissier, Mr. H. Coursier and Mr. G. Draper, cited in the bibliography. 6 7 1. Antiquity The roots of humanitarian law are very much deeper than some European authors with a narrow view of matters had long believed, content as they were to situate its origins in the Middle Ages. In reality, the laws of war are as old as war itself, and war is as old as life on earth. Modern naturalists,
subordinate to the fulfilment of certain demands made upon their adversaries, usually of a military or political nature, having nothing to do with the Geneva Conventions and often having a fictitious character. We are all aware that nothing is more dangerous than the legal fictions which are now so prevalent and so poisonous to international relations. For exampie, we have seen belligerents suspend the application of humanitarian law until their antagonists have formally recognized their
further example of the fortunate effect of greed on a humanitarian matter. The Muslims advocated the inviolability of treaties whereas the prevailing doctrine in Europe was that agreements with infidels could be unilaterally broken - a doctrine which was consistently followed. The Crusades cost the lives of millions of human beings. Both sides 20 G. Draper, The Interaction of Christianity and Chivalry in the Historic Development of the Law of War. 21 'Jihad' means literally 'common effort'.
cold-blooded massacre of the 2, 700 survivors of the siege of Saint Jean d'Acre, including the women and children. The worst of all these crimes however was the sacking of Constantinople by the Venetians and the crusaders in 1204. This time, both the butchers and their victims were Christians. For nine centuries, this city had been the heart of the civilization and Christian religion of the Eastern Empire. The papal legate had relieved the knights of their vows and the massacre lasted three days.
