ПОРЕКЛО МЕЂУНАРОДНОГ ХУМАНИТАРНОГ ПРАВА
The Origin of International Humanitarian Law

Summary/Abstract: There is no common agreement in le gal theory on the origin of International Humanitarian Law (the law of war) as part of International Public Law. However, there is a prevailing standpoint that its genesis is closely associated with the adoption of the First Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field (1864). The modern International Humanitarian Law, as a comprehensive system primarily based on written documents, was created in mid-19th century but its roots are to be found in distant past. The origins of warfare rules and humanitarian customs may be traced back to the early organized societies and their first armed conflicts. Being forerunners of the contemporary International Humanitarian Law, these rules and customs may be found in all cultures and civilizations worldwide. Consequently, the origins of International Humanitarian Law may be traced throughout history; starting from the rules and customs of ancient eastern civilizations, Ancient Greece and Ancient Rome, we may further explore the impact of Christianity and the development of chivalry rules of warfare in the Middle Ages, which would eventually take us to the modern times which are marked by a number of significant events in this field, such as: the Thirty Years’ War and the Peace of Westphalia, the consolidation of customs and warfare laws in the legal doctrine, the adoption of military manuals and warfare guidelines, and turning the rules on warfare and mere social usage (customs) into international customary law. Eventually, in the second half of the 19th century, there was a relevant climate in the international community which enabled the adoption of multilateral treaties which would oblige all or the majority of state parties to collect, consolidate and further develop the unwritten rules of customary law of war. Concurrently, there was a strong movement for the codification of international law of war, by confirming the recognized customary rules in these multilateral treaties. The first multilateral treaties signed in this area actually marked the beginning of modern International Humanitarian Law.

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