den humanitære folkeret og danmark - Røde Kors

24 DEN HUMANITÆRE FOLKERET OG DANMARK
In chapter one an introduction to the area of international humanitarian law is
given by describing the present position of the law in the broader context of society
and law. The chapter introduces the rules related to the use of force in international
law followed by an explanation of the sources of international humanitarian law.
Further the important relations to customary international law and to human rights
law is dealt with as well. The chapter finishes by discussing the development tendencies
within the area.
The second chapter is related to how Denmark meets the relevant requirements
concerning treaty obligations under international humanitarian law.
It is considered which requirements there are under international law and the extent of
Denmark’s fulfilment of these requirements. There is especially focus on how Denmark
meets its obligations regarding the Geneva Conventions and the Additional Protocols
and some comparisons are drawn to how Denmark has implemented other treaty
obligations than the above mentioned.
Further to this the chapter deals with the 28th International Red Cross conference
held in 2003 and the pledges given by Denmark and the Danish Red Cross in this
connection.
An issue that is currently on the international agenda and in particular focus is
dealt with in the third chapter. Terrorism and counter-terrorism is the subject of the
chapter which is introduced with an overview of recent terrorist acts.
The subject is dealt with both from an international humanitarian law angle and from
an international criminal law point of view.
Chapter three is completed with a description of the Danish initiatives in order to
criminalize terrorism and there is also shed light on Denmark’s participation in the
war on terror.
Chapter four presents a classic problem in international humanitarian law. One
of the fundamental principles is the principle of distinction i.e. that there must be a
distinction between civilians and combatants as these two groups have different rights
and duties.
One of the core elements of the distinction principle is that a person is either a
civilian or a combatant except from persons hors de combat. Only combatants can be
taken as prisoners of war.
The controversial issue in this relation is the so-called „war on terror“ and the notion
of „illegal combatants“ used by the U.S to describe persons detained at Guantanamo
Bay.
It is emphasized that no such category can cause the loss of rights and basic protection
given under international humanitarian law.
The chapter is completed by a consideration about how up-to-date international
humanitarian law is in comparison to modern conflicts.
One of the most fundamental principles relating to international humanitarian law
is dealt with in chapter five.
The chapter consists of some of the most important international and Danish
notions on the protection of civilians during armed conflicts. The basic reasoning for
protection is given and protection of the civilian population both during international
and internal armed conflicts is described thoroughly.