Historical Development of International Humanitarian Law and a Brief Overview of the Challenges of the Modern Era Cover Image

Historijski razvoj međunarodnog humanitarnog prava i kratki osvrt na izazove modernog doba
Historical Development of International Humanitarian Law and a Brief Overview of the Challenges of the Modern Era

Author(s): Hana Ahmetspahić
Subject(s): History of Law, International Law, Human Rights and Humanitarian Law, Recent History (1900 till today), Sociology of Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: international humanitarian law; unwritten customs and rules of war; transformation; Geneva Conventions; Hague Law; challenges of the modern age;

Summary/Abstract: The concept of international humanitarian law appeared in the 1970s, hence it is a relatively new scientific field of law. The author of this paper points to the fact that the idea of the modern international humanitarian law, as it is today, was first conceived in the distant past. The analysis of the historical sources from which knowledge of the oldest civilizations is drawn enables us to find elements that can be considered precursors of the norms of international humanitarian law. This paper deals with the gradual transformation of the unwritten customs and the rules of warfare into the legal rules of written law, with a special emphasis on the international aspect and the universal character of this area of law. Bearing in mind the fact that armed conflicts and their consequences have greatly accelerated and determined the course of development of international humanitarian law, the author provides a brief overview of the dilemma whether the challenges of the modern age or new forms of armed conflict will influence further development of this branch of law, and in what way. It is an indisputable fact that this is a legal field developing at its own special pace that is susceptible to transformation, while also being able to adjust to the challenges of time.

  • Issue Year: 12/2019
  • Issue No: 23
  • Page Range: 249-275
  • Page Count: 27
  • Language: Bosnian