4.PROTECTION IN THE HUMANITARIAN WORLD

 

PROTECTION IN THE HUMANITARIAN WORLD

The concept of protection was central to the development of international humanitarian law (IHL), the first component of the concept of protection, which initially stemmed from the need to protect soldiers who were wounded, captured, or otherwise hors de combat.

 IHL was expanded in 1949 to include measures to protect civilians, and since then the International Committee of the Red Cross (ICRC), the guardian of IHL, has tried to provide guidance on such thorny issues as distinguishing civilians from combatants and the question of the responsibility of nonstate actors to uphold IHL,including protection of civilians.

ICRC also has moved to respond to new forms of warfare and has played a leadership role in the campaign to ban antipersonnel land mines. In other words, over the past 150 years or so, IHL has expanded its original remit to protect prisoners of war and wounded soldiers into a broad range of activities designed to protect civilians who are affected by but are not direct participants in conflicts.

 The Universal Declaration of Human Rights refers to “protection” ten times: “Human rights should be protected by law, “All are entitled to equal protection under the law,” and so on.

Protection meant not only physical protection of people from violence and legal protection of refugees from deportation but also protection from hunger, illness, and discrimination. Similarly, one can trace the expansion of protection in the humanitarian field from protection of soldiers (hors de combat) to protection of refugees, to protection of children in armed conflict, to protection

of internally displaced persons, to protection of women against sexual and gender-based violence, to protection of civilians.

 

The intersection of the concepts of protection, humanitarian response, and human rights is a close and mutually reinforcing one, although the actors in these three spheres often seem to function in their own particular “territories,” with few genuinely collaborative efforts.

 

Development.:

 

The concept of economic development has expanded from the emphasis on national economic growth in the 1950s to include concerns about equitable distribution of resources; community empowerment; rule of law; environmental issues; and, most recently, human security. Human

security moves away from the focus on national security to consider what causes individuals to feel secure. Although the concept remains a bit ambiguous and is interpreted in different ways, it generally refers to “freedom from threat to the core values of human beings, including physical survival” but also to community, economic, environmental, food, health, personal, and

political security5 and to health and access to education. The concept of

human security, it is important to recall, originated with the United Nations

Development Program, but it parallels the expanded notion of protection

evident in both the humanitarian and human rights worlds.

 

Security. Military approaches to security have broadened dramatically in

recent decades, from launching interstate wars to responding to insurgencies,

failed states, and terrorism. The U.S. military’s current emphasis on stabilization

operations recognizes that issues such as rule of law and humanitarian

response is as important to security as combat operations. Security

is not just about fighting and winning wars any more, it is about embracing

a whole range of actions that are actually quite similar to those incorporated

in the expanded notions of human security and human rights.

 

International Accountability. The movement to bring perpetrators of war

crimes and other atrocities to justice gathered momentum in the 1990s, with

the establishment of international tribunals in the former Yugoslavia and

Rwanda, the prosecution of war criminals by domestic courts in other countries,

and the adoption of the Rome Statute in 1998, which was the basis

for the establishment of the International Criminal Court. Such measures to

increase accountability and establish new judicial mechanisms were not only

intended to punish those guilty of war crimes, genocide, and crimes against

humanity but also to deter combatants from committing mass atrocities and

hence to protect civilians.