The Evolution of International Humanitarian Law and its Application in Modern Armed Conflicts

Abstract

International Humanitarian Law (IHL), traditionally referred to as the "law of war," has undergone significant evolution since its inception. Its primary objective has been to mitigate the effects of armed conflict by limiting the means and methods of warfare, while also protecting those who do not participate in hostilities. The foundation of IHL lies in treaties like the Geneva Conventions and their Additional Protocols, which outline the rights and responsibilities of both state and non-state actors during conflicts. Over time, the nature of warfare has changed dramatically, shifting from traditional state-centric wars to complex non-international armed conflicts, including civil wars, insurgencies, and conflicts involving non-state actors like terrorist groups. This evolution in warfare has posed considerable challenges to the applicability of IHL, necessitating constant adaptation of its rules and principles. One significant development in modern armed conflicts is the rise of asymmetrical warfare, where state military forces confront irregular or insurgent groups. This has raised new questions about the classification of conflicts, the status of combatants, and the protection of civilians. The principle of distinction, a cornerstone of IHL, which mandates the differentiation between combatants and non-combatants, has become more difficult to enforce as armed groups increasingly blend with civilian populations. Furthermore, the use of new technologies such as drones, cyber warfare, and autonomous weapons systems has complicated the application of existing IHL frameworks, prompting calls for updates to legal definitions and protocols to address these emerging realities. Another challenge has been ensuring compliance with IHL in conflicts involving non-state actors, who may not be signatories to traditional treaties. The international community has responded by developing soft law mechanisms and international tribunals, such as the International Criminal Court (ICC), to prosecute war crimes and ensure accountability. However, ensuring universal adherence to IHL remains a pressing issue, particularly in regions where state authority is weak or where non-state actors refuse to recognize the legitimacy of international legal norms. Despite these challenges, IHL continues to serve as a vital framework for regulating armed conflicts. Recent developments, such as the adoption of new treaties to protect cultural property and the environment during war, indicate the international community’s ongoing commitment to adapting IHL to modern challenges. However, the future of IHL will depend on the ability of states and international organizations to address the gaps in the legal framework and enhance the enforcement of its rules in an increasingly fragmented and complex global landscape. DOI: https://doi.org/10.53486/dri2024.36; UDC: 341.33:355.58