International Humanitarian Law: Dialectical Feasibility

Abstract

An effective implementation of international humanitarian law is not only evaluated by the ability to apply its rules and principles when challenged with situations of armed conflict, but it is also depending upon the determination to look back on the actions that made the international humanitarian law. Recent expansions of armed conflict in the world are persistent reminders of the necessity to emphasis on supporting effectiveness of IHL, without ignoring the weaknesses in the current mechanisms for the enactment and dissemination of standards and values of humanitarian law. What is of fundamental importance is that all actors continue to perform their respective tasks under International Humanitarian Law. This is the main concern of States and non-state parties to armed conflicts, and it is also held by the United Nations, International Organizations, ICRC, National Red Cross, NGOs and other actors involved. The International Humanitarian Law is often violated, so it is legitimate to ask, are there not appropriate mechanisms that ensure its implementation. Ii is paradoxical to see the development of humanitarian law when it seems to be more violations over time and in view of the transformations of the Conflicts. The purpose of this document is to examine the feasibility and the philosophy of the International Humanitarian Law in light of its origin. The International Humanitarian Law, which stands by its values against killing and destruction, continues to evolve at principle, concept and application levels.