[84]. See Article 18, paragraph 1, Convention for the Protection of Cultural Property in the Event of Armed Conflict, May 14, 1954, 249 U.N.T.S. 240 [`1954 Cultural Property Conv.]] (“Apart from the provisions that come into force in peacetime, this Convention applies when war is declared or in other armed conflicts that may arise between two or more high contracting parties, even if the state of war is not recognized by one or more of them.” (added to highlight) Article 1, paragraph 3 of Protocol I (“This Protocol, which complements the Geneva Conventions of 12 August 1949 on the protection of victims of war,” applies in Article 2 situations, which are in conjunction with these conventions) (added); Article 1, paragraph 1, 2001 CCW Amendment to Article 1, adopted on December 21, 2001, doc. CCW/CONF.II/2 (“This Convention and its Annexed Protocols apply in Article 2 situations, which are common to the Geneva Conventions of 12 August 1949 for the Protection of Victims of War”); Article 8, paragraph 2, points a) and b) ICC statute (definition of “war crimes” relating to international armed conflicts as a letter (a) “[t]he violation of the Geneva Conventions of 12 August 1949, i.e. each of the following acts against persons or property protected by the provisions of the Geneva Convention” or b) “serious violations of laws and customs applicable in international armed conflicts within the defined framework of international law” (emphasis against). In general, international humanitarian law has not been the subject of the same debate and criticism of “cultural relativism” as international human rights. Although the modern codification of international humanitarian law in the Geneva Conventions and in the additional protocols is relatively recent and, on behalf of Europe, the fundamental concepts are not new and the laws linked to war are found in all cultures. The ICRC is the only institution expressly designated as a supervisory authority under international humanitarian law. The ICRC`s legal mandate stems from the four Geneva Conventions of 1949 and its own statutes. In addition, international criminal tribunals (such as the International Criminal Tribunals for the former Yugoslavia and Rwanda) and mixed courts (such as the Special Court for Sierra Leone) have helped to broaden the scope of definitions of sexual violence and rape in conflict.

They effectively prosecuted sexual and gender-based crimes committed during armed conflict. There is now a well-established case law on sexist crimes. Nevertheless, there is an urgent need to develop gender structures in international humanitarian law. [60] The principle of distinction protects the civilian population and civilian objects from the effects of military operations. It requires that parties to an armed conflict distinguish between combatants and military targets at all times and in all circumstances, and civilian and civilian objects on the other; and just to target the first one.


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