International humanitarian law applies exclusively during armed conflict. Putting aside the many relevant historical, ethical and other considerations, what does international humanitarian law actually say in this respect? A legal framework for exceptional circumstances This blog post briefly outlines the ‘international law’ that underpins the ICRC’s ‘reminder’. The article-and similar reports, such as here-goes on to explain thatĪnguage that could appear to justify or encourage war crimes and illegal treatment of detainees has become more common on all sides of the sprawling conflicts … to the point that the Red Cross felt it necessary to remind all combatants that international law requires due process and humane treatment of detainees ‘ with no exceptions. … is concerned about rhetoric that ‘dehumanizes’ and ‘demonizes’ the enemy or suggests that a particular adversary is ‘outside the bounds of humanity’ and can be treated ‘as if humanitarian law doesn’t apply…’ Referring to these contexts, the New York Times posted an article on 26 October 2017 that reported the International Committee of the Red Cross (ICRC) …

In Iraq and Syria, several years of intense, devastating violence has taken countless lives, destroyed essential infrastructure and homes, ruined services and livelihoods and separated families.

The rules must be respected by all of the parties to armed conflict at all times and with no exceptions. Finally, they remind us that nothing would justify an unlawful response to exceptional behaviour. They note that the law contains robust rules: persons hors de combat-including enemy fighters who have become defenceless-must be protected. Thomas de Saint Maurice and David Tuck build upon this, recalling that international humanitarian law is specifically designed to regulate exceptional circumstances. Recently, the International Committee of the Red Cross expressed its concern about the risks of rhetoric that suggests there are circumstances in which a ‘ particular adversary … can be treated “as if humanitarian law doesn’t apply”’.

Law on armed conflict