War remains a matter of great concern to humanity. Recent conflicts have demonstrated that the ravages of war continue to have a devastating impact especially on the civilian population.  

 

War might be the “end of the law” as one said, but International Law is not silent on armed conflicts. In particular, international humanitarian law has been an essential framework promoting the values of humanity and ensuring that even in the midst of conflict, certain moral and legal standards are upheld.

From its conception in 1859 on the battlefield of Solferino to contemporary warfare, modern International Humanitarian Law (IHL) has been confronted with significant challenges. Since the times of horses and bayonets to drones and other ‘Lethal Autonomous Weapons System’ (the so-called “killer robots”), the IHL has always had the purpose of regulating the means and methods of warfare in order to limit human suffering and protect human rights. The development and sophistication of weapons has made it paradoxically problematic to distinguish between civilians and combatants in order to better protect the former. In addition, the proliferation of non-international armed conflicts (civil wars) and the emergence of new forms of armed conflicts, i.e. the “war on terrorism”, pose new challenges to the protection of civilian persons and goods.