By Ehsan Bakhshandeh
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood (Article I, Universal Declaration of Human Rights).
Although conflicts and hostilities have been condemned by nearly all religions, particularly Islam, mankind has been experiencing destructive outcomes of war during the past three millenniums; in fact, history has it that mankind has lived in peace and tranquility for only 250 years.
Human rights have been always jeopardized throughout history; yet human beings have made valuable efforts to safeguard their rights and dignities. From the Human Rights Charter of Cyrus the Great in 539 B.C. and Islam’s (Prophet Mohammad’s (PBUH)) humanitarian teachings to the United Nations Universal Declaration of Human Rights in 1948 and the introduction of International Humanitarian Law (IHL) in Geneva Conventions of 1949, peoples all over the world have been demanding respect to basic human rights during both peace and war times.
Both the International Human Rights Law (IHRL) and International Humanitarian Law (IHL) have been devised to protect the lives, health and dignity of individuals irrespective of their color, race and ethnicity.
According to the ICRC, “international humanitarian law and international human rights law are two distinct but complementary bodies of law. Both seek to protect the individual from arbitrary action and abuse. Human rights are inherent to the human being and protect the individual at all times, in war and in peace. International humanitarian law only applies in situations of armed conflict. Thus, in times of armed conflict international human rights law and international humanitarian law both apply in a complementary manner.“
“IHL is a set of international rules specifically intended to solve humanitarian problems during wars and conflicts across the world,“ Mohammad Taher Kan’ani, head of the National Committee of IHL, said in a workshop on IHL and Media held by the Islamic Republic News Agency’s (IRNA) International Relief Team in cooperation with the International Committee of the Red Cross (ICRC).
Similarity
Referring to the philosophy of IHL and its direct connection with Islam and Iran, he said both human and humanitarian rights laws are similar in foundation but different in application.
Kan’ani added that the IHL, formerly known as the law of war or the law of armed conflict, seeks to protect the dignity and rights of individuals engaged in hostilities and does not apply in the time of peace and non-violence.
Katayoun Hossein-Nejad, responsible for the communication program of the ICRC Mission in Iran, said IHL applies in international and non-international armed conflicts, regardless of the legitimacy and illegitimacy of hostilities, and “is stronger than IRHL.“
Elaborating on IHL-related terminology such as conflict, weapon, combatant, internal disturbances and indiscriminate attacks, she said that IHL aim is to limit the tools and warfare (effects) of armed conflicts and protect the lives and dignity of individuals who are not involved or have ended their participation in hostilities, such as civilians, prisoners of war and journalists.
Also delivering a speech in the workshop, in which more than 30 Iranian journalists participated, Farhad Sharafpour, in charge of IRNA’s International Relief Team and an instructor with Iranian Red Crescent Society, said journalists in combat zones are regarded as “non-military“, according to Article 79 of the first additional protocol in 1977 to the Geneva Conventions of 1949 about supporting victims of international armed conflicts.
“Therefore, they are covered under the ICRC umbrella and are offered protection and identification card unless they become engaged in military operations,“ he said.
Sharafpour added, however, that war correspondents are exempt from ICRC protection and if captured they will be treated as “prisoners of war.“
Referring to the definition of war correspondent, he said war correspondents are (military) members of either army of parties to the conflict which have been assigned by belligerent powers to accompany the army and prepare journalistic reports.
“They (war correspondents) belong to the armed forces and will be dealt with as military rather than civilian personnel,“ he noted.
Guarantees
On the existing executive guarantees for the implementation of the IHL, Hajar Siah-Rostami, an expert with the National Committee of the International Humanitarian Law, said three mechanisms of governments, international courts and fact-finding committees have been defined to guarantee IHL.
“Governments can ratify laws to protect international humanitarian law in cooperation with international organizations and courts,“ she said, referring to the unclear fate of an IHL-related draft which was devised by the committee in 2001 to provide the possibility to prosecute those who violate humanitarian rights and commit war crimes and crimes against humanity.
Parliamentarians had earlier presented a draft under which the judiciary was obligated to establish a court to deal with complaints of victims of war crimes, genocide and assaults of racist regimes against the oppressed nations and punish violators. This draft was referred to the National Committee of the IHL for further investigation.
“The committee, then, proposed a much more comprehensive draft about genocide, war crimes, crimes against humanity and racism-related crimes,“ she said, expressing regret that the draft, which was ratified by Majlis and cabinet, was rejected by the Guardian Council.
Uncertain
Siah-Rostami said the draft is presently being discussed in the State Expediency Council. However, she stressed that “the fate of the draft is in a large margin of uncertainty.“
Pointing to the International Criminal Court and International Court of Justice as two basic courts to deal with genocide, war crimes and crimes against humanity, she called on governments to endorse domestic laws to protect the IHL.
She blamed the lack of law and political determination, partiality, immunity for senior army commanders and shortage of human and financial resources as impediments for governments to prosecute and punish IHL violators.
Principles
Frederic Gouin, the Communication Coordinator of ICRC mission in Iran, referred to distinction, proportionality, necessity, limitation and humanity as the five basic principles of IHL.
“In my point of view, the principle of distinction is the most important because it makes a distinction between military and non-military objectives. Actually, civilians should be spared from the hostilities,“ he said, adding that sometimes it is difficult to assess whether “an objective contributes to the military operation or is purely civilian“.
Status
Displaying slides of the five IHL principles, Gouin said that if a civilian takes up arms and starts fighting the enemy, then he or she will lose status and protection as a civilian.
On proportionality which protects civilians as much as possible from collateral damages, he said it means that just the right amount of force should be used to conduct military operations.
“You shouldn’t carpet bomb an entire city because there is one military objective in the middle of the city,“ he observed.
Gouin pointed to the military necessity as the third principle of IHL and said that the only legitimate objective of a military operation is to weaken the military forces of the enemy.
“So, in order to pursue that goal, the armed forces are authorized to use force but any unnecessary military activity is unlawful,“ he said, noting that the choice of weapons, tactics and strategy is limited, as per another IHL principle named “limitation.“
He added the weapons that cause long-term injury or injuries which cannot be treated, are forbidden according to this principle.
“As per the fifth IHL principle, every body must be treated humanly and without discrimination. A wounded soldier needs treatment whether enemy or friend,“ Gouin said.
Head of the ICRC mission in the Islamic Republic of Iran, Peter G. Stocker, director of Arabic-language Al-Alam TV network Hassan Abedini and deputy managing director of IRNA Javad Mabudi Javan also participated in the workshop.