The Geneva Conventions have governed the law of war for 75 years. Often seen as a Western effort, they reflect much older traditions from other parts of the world. Restraint in conflicts well before colonization.
“International humanitarian law (IHL) existed before the Geneva Conventions,” says Australian researcher of Somali origin, Ayan Abdirashid Ali, of the University of Adelaide. “It’s frustrating” to see that Westerners think the opposite, she said in an interview with Keystone-ATS.
“Some even see IHL as a continuation of colonization. It is not useful for working on the ground,” she adds, however. The decolonization movement in Western institutions helped open the discussion. “I appreciate being able to talk about it freely here,” explains the young woman after a debate Wednesday evening at the headquarters of the International Committee of the Red Cross (ICRC).
The organization itself has shown for many years that the rules in conflicts are ancient and not Western. In many societies, “there has always been a need for restraint and mitigation of the effects of conflicts,” says Ms. Ali.
In 15th century Somalia, fighters already refused to use poisoned arrows, contrary to what was done in Ethiopia, according to the testimonies of a Yemeni observer at the time relayed by the researcher. Restrictions on the modus operandi of war, well before those established in the mid-19th century by European actors and then in 1949 in the Geneva Conventions.
Sharia before the Conventions
Another limitation was that butcher knives were not used because Somali tradition states that a human being cannot be killed with a tool that can finish off an animal.
More broadly, while some use religion to justify conflicts, it also offers universal approaches similar to those of IHL. “For Muslims, Sharia law comes before the Geneva Conventions,” explains Ms. Ali. And it provides for protection of civilians and proportionality.
Terrorist or radical groups, like the Taliban in Afghanistan, “do not understand” these texts or “choose what they want”, insists the young woman. According to her, Islamic jurisprudence goes even further than the Geneva Conventions on certain issues.
And as early as the 7th century, Muslims took prisoners of war for the first time at the Battle of Badr. So, they launched what would become the three conditions for release, pardons granted out of generosity, ransoms or authorizations to escape in exchange for an effort for the community.
Today, the Geneva Conventions have been ratified by all States. “Each of us has a link to a conflict in one way or another,” said ICRC Director General Pierre Krahenbühl.
Double standards
Countries from the South were already among those who participated in the establishment of IHL, notes researcher Giovanni Mantilla. And they pushed to combine the protection of civilians with rules between combatants. “Without them, it would have probably taken another 30 years,” says the researcher.
In 2019, the ICRC identified a total of ten ancient African traditions of war which are found in the Conventions. Among these, combatants wore something to be differentiated from civilians, essential and cultural goods were protected, as were warriors hors de combat and the remains of enemies. And the clashes took place outside the villages, cruel acts and looting were prohibited and the injured were taken care of.
Currently, the ICRC is also considering innovative or artistic ways to talk to populations about IHL. It is important to adapt the discourse to the conflicts in which they take place, especially since actors denounce a double standard from Westerners in relation to the application of this right. The Geneva Conventions “apply to all victims of all conflicts”, counters the ICRC.
The new executive director of the Center for Civilians in Conflict (CIVIC), Hichem Khadhraoui, has engaged in dialogue with numerous armed groups in the past. Some ask “Who is this Henry Dunant? Where is this village of Geneva?”, he explains. “We have to speak their language” by considering their traditions and habits, he says.
Previous ICRC research in 2009 had already shown that practices in Pacific populations imposed limits. Guardian of the Conventions, the organization now actively works to highlight these links.
This article was automatically published. Source: ats
