Humanitarian Law
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Humanitarian Law
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (''jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants. International humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice. Sources of international law include international agreements (the Geneva Conventions), customary international law, general principles of nations, and case law. It defines the conduct and responsibilities of belli ...
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Customary International Law
Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law. Many governments accept in principle the existence of customary international law, although there are differing opinions as to what rules are contained in it. In 1950, the International Law Commission listed the following sources as forms of evidence of customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations. In 2018, the Commission adopted Conclusions on Identification of Customary International Law with commentaries. The United Nations General Assembly welcomed the Conclusions and encouraged their widest possibl ...
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Jus In Bello
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of con ...
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International Human Rights Law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of ''political'' obligation. International human rights law, which governs the conduct of a state towards its people in peacetime is traditionally seen as distinct from international humanitarian law which governs the conduct of a state during armed conflict, although the two branches of law are complementary and in some ways overlap. A more systemic perspective explains that internatio ...
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Battle Of Solferino
The Battle of Solferino (referred to in Italy as the Battle of Solferino and San Martino) on 24 June 1859 resulted in the victory of the allied French Army under Napoleon III and Piedmont-Sardinian Army under Victor Emmanuel II (together known as the Franco-Sardinian Alliance) against the Austrian Army under Emperor Franz Joseph I. It was the last major battle in world history where all the armies were under the personal command of their monarchs. Perhaps 300,000 soldiers fought in the important battle, the largest since the Battle of Leipzig in 1813. There were about 130,000 Austrian troops and a combined total of 140,000 French and allied Piedmontese troops. After the battle, the Austrian Emperor refrained from further direct command of the army. The battle led the Swiss Jean-Henri Dunant to write his book, '' A Memory of Solferino''. Although he did not witness the battle (his statement is contained in an "unpublished page" included in the 1939 English edition published by ...
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Henry Dunant
Henry Dunant (born Jean-Henri Dunant; 8 May 182830 October 1910), also known as Henri Dunant, was a Swiss humanitarian, businessman, and social activist. He was the visionary, promoter, and co-founder of the Red Cross. In 1901, he received the first Nobel Peace Prize together with Frédéric Passy. Dunant was the first Swiss Nobel laureate. In 1859, Dunant was witness to the aftermath of the Battle of Solferino in Italy. He recorded his memories and experiences in the book '' A Memory of Solferino'' which inspired the creation of the International Committee of the Red Cross (ICRC) in 1863. The 1864 Geneva Convention was based on Dunant's idea for an independent organization to care for wounded soldiers. Dunant was the founder of the Swiss branch of the YMCA. Early life and education Dunant was born in Geneva, Switzerland, in 1828 as the first son of businessman Jean-Jacques Dunant and Antoinette Dunant-Colladon. His family was devoutly Calvinist and had significant influenc ...
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Florence Nightingale
Florence Nightingale (; 12 May 1820 – 13 August 1910) was an English Reform movement, social reformer, statistician and the founder of modern nursing. Nightingale came to prominence while serving as a manager and trainer of nurses during the Crimean War, in which she organised care for wounded soldiers at Constantinople. She significantly reduced death rates by improving hygiene and living standards. Nightingale gave nursing a favourable reputation and became an icon of Victorian culture, especially in the persona of "The Lady with the Lamp" making rounds of wounded soldiers at night. Recent commentators have asserted that Nightingale's Crimean War achievements were exaggerated by the media at the time, but critics agree on the importance of her later work in professionalising nursing roles for women. In 1860, she laid the foundation of professional nursing with the establishment of Florence Nightingale Faculty of Nursing and Midwifery, her nursing school at St Thomas' Hosp ...
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Crimean War
The Crimean War, , was fought from October 1853 to February 1856 between Russia and an ultimately victorious alliance of the Ottoman Empire, France, the United Kingdom and Piedmont-Sardinia. Geopolitical causes of the war included the decline of the Ottoman Empire, the expansion of the Russian Empire in the preceding Russo-Turkish Wars, and the British and French preference to preserve the Ottoman Empire to maintain the balance of power in the Concert of Europe. The flashpoint was a disagreement over the rights of Christian minorities in Palestine, then part of the Ottoman Empire, with the French promoting the rights of Roman Catholics, and Russia promoting those of the Eastern Orthodox Church. The churches worked out their differences with the Ottomans and came to an agreement, but both the French Emperor Napoleon III and the Russian Tsar Nicholas I refused to back down. Nicholas issued an ultimatum that demanded the Orthodox subjects of the Ottoman Empire be placed ...
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POWs
A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of war in custody for a range of legitimate and illegitimate reasons, such as isolating them from the enemy combatants still in the field (releasing and repatriating them in an orderly manner after hostilities), demonstrating military victory, punishing them, prosecuting them for war crimes, exploiting them for their labour, recruiting or even conscripting them as their own combatants, collecting military and political intelligence from them, or indoctrinating them in new political or religious beliefs. Ancient times For most of human history, depending on the culture of the victors, enemy fighters on the losing side in a battle who had surrendered and been taken as prisoners of war could expect to be either slaughtered or enslaved. Earl ...
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American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states that had seceded. The central cause of the war was the dispute over whether slavery would be permitted to expand into the western territories, leading to more slave states, or be prevented from doing so, which was widely believed would place slavery on a course of ultimate extinction. Decades of political controversy over slavery were brought to a head by the victory in the 1860 U.S. presidential election of Abraham Lincoln, who opposed slavery's expansion into the west. An initial seven southern slave states responded to Lincoln's victory by seceding from the United States and, in 1861, forming the Confederacy. The Confederacy seized U.S. forts and other federal assets within their borders. Led by Confederate President Jefferson Davis, ...
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Union Army
During the American Civil War, the Union Army, also known as the Federal Army and the Northern Army, referring to the United States Army, was the land force that fought to preserve the Union (American Civil War), Union of the collective U.S. state, states. It proved essential to the preservation of the United States as a working, viable republic. The Union Army was made up of the permanent Regular Army (United States), regular army of the United States, but further fortified, augmented, and strengthened by the many temporary units of dedicated United States Volunteers, volunteers, as well as including those who were drafted in to service as Conscription in the United States, conscripts. To this end, the Union Army fought and ultimately triumphed over the efforts of the Confederate States Army in the American Civil War. Over the course of the war, 2,128,948 men enlisted in the Union Army, including 178,895 United States Colored Troops, colored troops; 25% of the white men who s ...
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Lieber Code
The Lieber Code of April 24, 1863, issued as General Orders No. 100, Adjutant General's Office, 1863, was an instruction signed by U.S. President Abraham Lincoln to the Union forces of the United States during the American Civil War that dictated how soldiers should conduct themselves in wartime. Its name reflects its author, the German–American legal scholar and political philosopher Franz Lieber. Historical background Lieber had fought for Prussia in the Napoleonic Wars and had been wounded at the Battle of Waterloo. He later lived and taught for two decades in South Carolina, where he was exposed to the horrors and inhumanities of slavery. Beginning in October 1861, as professor of history and political science in New York at what became Columbia University, Lieber delivered a series of lectures at its new Law School titled "The Laws and Usages of War". He believed the methods used in war needed to align with its goals and that the ends must justify the means. During the Ameri ...
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Francis Lieber
Francis Lieber (March 18, 1798 or 1800 – October 2, 1872), known as Franz Lieber in Germany, was a German-American jurist, gymnast and political philosopher. He edited an ''Encyclopaedia Americana''. He was the author of the Lieber Code during the American Civil War, also known as ''Code for the Government of Armies in the Field'' (1863). The Lieber Code is considered the first document to comprehensively outline rules regulating the conduct of war, and laid the foundation for the Geneva Conventions. Life and career Franz Lieber was born the tenth of twelve children to a wealthy Jewish merchant family in Berlin, which was the capital of the Kingdom of Prussia at the time. While still in Germany, Lieber joined the Colberg Regiment of the Prussian Army in 1815 during the Napoleonic Wars, and was wounded during the Battle of Waterloo. The year of his birth has been debated because he lied about his age in order to enlist. Education in Germany Returning to Berlin after the Napoleon ...
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