The Rise and Codification of International Humanitarian Law: Historical Evolution

Abstract

International Humanitarian Law (IHL), also termed as the law of war, is a significant branch of public international law having an aim to mitigate the sufferings of civilians victimized by war or safeguarding those not or no longer getting involved in hostilities regardless of justification of war and to limit the use of weapons in warfare. Historically, the regional communities from the ancient period used to follow various norms of war based on their usages and religions even before the commencement of any lobally accepted law. In the course of time, the progress in the field of science and modern technology has brought drastic change in the nature of armors and war strategies. The implementation of IHL is – however under severe threat and the protected persons are indebted to tolerate untold disasters like death – physical wound and extensive annihilation of their shelters and livelihoods. This article has firstly chosen to explore numerous ancient laws of armed conflict prescribed by religions, usages and local practices. It then highlights on the codification of IHL through the arrangement of four Geneva Conventions and three Additional Protocols. Lastly, the study addresses the success and implementation of IHL by formulating legislations on war in the national legal regime.