Glances of the past where humanity suffered from in-humanness…!

Glances of the past where humanity suffered from in-humanness…!

  1. A historical glance of humanitarian principal: –

When one opens the treasures of the past one sees immense cruelty and destruction all around the world. Many innocent ones got the end of their life as soon as the dusk of the day. Many wanted to maintain peace, many wanted to overthrow others, some had hidden intentions and some wear just tools of others. But what never changed the idea or intent of war was the greed of power. It was a fight to be superior to others, it is rightfully said by Niccole Micaville an Italian politician-philosopher. He argued that power is human greed, according to his theory of realism which says that a State’s means to end is to “capture power”.

From people like Hitler and Stalin to today’s Saddam Hussein or terrorist have the no different intention but to control and hold on power. As Hitler showed the Aryan Germans that he will bring back their lost German pride. He invoked nationalism in Germans and made promises to give them their lost pride. The same was done by Stalin to Russia and Mao to China.

After World War 1 the major countries Formed the League of nations which were premature from of United Nations, League of Nations was failed as World War 2 was unable to be stopped.

Seeing this Brobdingnagian war crime and injured all over the world. A Swiss businessmen Hendry Dunant incited society that would look after injured ones wounded citizens in the war field. This society was defined as Red cross which is a red crescent in Islamic countries

In the year 1895, there was a battle in Italy battle of Sanfirino. In this battle, many were injured and thousands of them died. Henry Dunant observe this battle very closely with its consequences and repercussions. Understanding this situation, he was shocked. He observed that little medical treatment available and because of that many died in pain. In the year 1862, he wrote an article to express his experience of the battle. He tried to circulate the article all over European countries. Through this article, he wanted all the European countries should come together and make an agreement that all the injured soldiers and citizens should be given help irrespective of nationality and reseal discrimination.

The volunteers of the red cross had a symbol of a cross in red which identified them they helped the injured ones irrespective of nationality, they wear never involved in war crimes from the ether of the sides. This similar red cross was developed, codified with official qualifications as  1864 Geneva Convention., the modern ICRC has involved beyond just the title of prisoners of war to a much larger humanitarian perspective.

Geneva convention 1906 talks about war-injured wounded soldiers. Many violations of red cross are present, and both the parties recognise them as not to be harmed under the Geneva convention. As the Geneva convention was made after World War 1 and was in force during World War 2 many countries violated the principals of Geneva convention.

In the year 1929, a new term was added to the Geneva convention, convention to the treatment of prisoners of war this provided certain identifying information that the captors had required to report information prisoner’s nation. The prisoner had to be given reasonable food, water, clothing, and medical care. Geneva convention 4 also addresses the treatment of civilians in a war zone.

Geneva convention gives the base to jurisdiction on war crimes and maintenance of peace in the time of war. U.N. is all accountable about peace in the world, the Geneva convention gives the best defines to maintain peace. The ICRC also restricts the promotion of nuclear weapons that would involve the risk of nuclear warfare in any condition. Therefore there is The Treaty on the Prohibition of Nuclear Weapons (TPNW) was inspired by the humanitarian initiative, an informal effort by a range of States to place a debate on nuclear weapons and place.

  1. The need for humanitarian principals: –

With all the perspectives of the Geneva convention which emphasise the humanitarian initiative of the United Nations, a globalized and interdependent world cannot exist without common values shared by all. The universally recognized principles of human rights and international humanitarian law form part of these common values. The International Court of Justice has rightly stated that the fundamental rules of international humanitarian law constitute non-transgressive principles of international customary law.

The basic principles of humanitarian law is the inevitable rules which belong to the entire international community. There cannot be peaceful coexistence between States which observe to disrespect these principles. The gross violations of humanitarian principles are evidence of the humanitarian disasters of recent years. There is a conflict between what international lawyers, judicial bodies and different State governments consider to be principles indispensable for the international community. Strong ideas like nationalism, particularism, and various forms of fundamentalism is work against acceptance of universal humanitarian values. Extremely important steps are now being taken for that purpose, such an initiative must be pursued and maintained. They include the spreading the knowledge and importance of international humanitarian law, States to abide with their international obligations and adopt of new legislation, all States to prosecute war crimes and the International Criminal Court to be established.

  1. Morden view of humanity and solidarity: –

The United Nations and its efforts have made the world safer and more a cohesive place to live peacefully. protecting the humanitarian principles in not only the responsibility of UN organisations but also of the individual state parties to initiate for greater involvement in creating collective security to the world, protecting from the constant imbalance of the globalised world. UN secretary-general Dag Hammarskjold remarked on May 1954 that “The UN was not created to take mankind to heaven, but to save humanity from hell” But unfortunately, the world is always divided between two world powers, this conflict divides the contemporary globalised world.   

Because of COVID 19 crises the world is going through an unimagined situation. The U.N.& WHO expected that the world would come together in this crisis, a time to value human life, keeping aside all the prejudice of international relations and work for humankind. Unfortunately, it did not. It was said after the cold war that globalisation is the biggest achievement of the 21st-century world, but unfortunately, this epidemic has shown its failure, globalization was about coming together for the benefiting the humankind, breaking the barriers of the territory for a “better together” which has not been delivered. So, by the principals put on by globalisation, it could be said that the benefits were of the some not for the whole world and so a failed illusion as an idea. The word has come to a point where it needs to introspect and evaluate new views and ideas.  The U.N. Secretary-General Antonio Guterres remarked the World Health Assembly on May 18, 2020 Our deep feelings of powerless must lead to greater humanity. Deadly global threats require a new unity and solidarity

Article by: Varun Raj Wahane, Bharti Vidyapeeth University, New Law College.
Co-Author: Aranya Chatterjee, Bharti Vidyapeeth University, New Law College.

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