International Humanitarian Law and the Challenges of Contemporary Armed Conflicts

In September, the International Committee of the Red Cross (ICRC)finalised its sixth report on international humanitarian law (IHL) and the challenges of contemporary armed conflicts in preparation for the 34th International Conference of the Red Cross and Red Crescent Societies to be held from 28-31 October 2024 in Geneva, Switzerland.  Similar reports were submitted to the International Conferences held in 2003, 2007, 2011, 2015 and 2019. The aim of all these reports is to provide an overview of some of the challenges posed by contemporary armed conflicts for IHL, to generate broader reflection on those challenges, outline current or prospective ICRC action, and bring these to the attention of members of the International Conference. 

The publication of the report coincides with the 75th anniversary of the four Geneva Conventions of 1949 which were designed to provide rules of warfare and protect those not taking part in the fighting (civilians, medics, wounded combatants, etc.).

In this year’s report, a selection has been made of present day challenges such as nuclear weapons, legal grey zones such as hybrid warfare (which blur the lines between war and peace), the impact of new technologies of warfare such as cyberattacks and robotics, the fate of people in the hands of warring parties, as well as the facilitation of impartial humanitarian work and building a culture of IHL. It also focuses again on the protection of essential civilian infrastructure, which are indispensable to survival, which includes water systems. IHL helps to maintain and protect the infrastructure on which civilians rely by setting down rules protecting hospitals, schools and water facilities from being targeted.  

Water is a fundamental resource for survival, and its protection under International Humanitarian Law (IHL) is crucial during armed conflicts. The report notes that in today’s armed conflicts, high levels of destruction are caused, resulting in the flattening of entire cities and the ruining of hospitals. In this setting, civilian populations struggle to survive without adequate food, water, electricity, or medical care. The report highlights the importance of safeguarding water supplies and infrastructure as they are indispensable for civilian populations, agricultural activities, and broader environmental health. Water, as recognized under IHL, must be preserved for humanitarian needs, and any deliberate actions that compromise water systems may lead to severe humanitarian consequences.

Under IHL, water installations, drinking water supplies, and irrigation works are protected and likely to be categorized as "objects indispensable to the survival of the civilian population." Article 54 of the Additional Protocol to the Geneva Conventions explicitly prohibits attacking, destroying, removing, or rendering such objects useless. The report reiterates that IHL prohibits starvation of civilians as a method of warfare, which includes limiting access to water: the report states that “starvation means the deprivation of food, water or other things necessary for survival”. This implies the protection of “objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works”.

Deliberately attacking water infrastructure to provoke starvation constitutes a war crime. The report points out that one of the gravest risks to lives and livelihoods in urban conflict is the disruption of essential services, such as electricity, health care, water and wastewater treatment and solid waste disposal. The report provides examples of water resources being destroyed or rendered inaccessible during sieges or other military operations. Furthermore, it points out that both the besieging and besieged parties are required to ensure civilians can access water and other essential services.

In situations of occupation, the report states, the occupying power has an obligation to ensure access to water and other essential resources for the civilian population. If local resources are inadequate, the occupying force must facilitate the provision of additional supplies. This obligation extends to ensuring humanitarian relief and allowing access to water during ongoing hostilities.

The report links water security to broader environmental protection during conflicts. It discusses the detrimental impacts that armed conflict can have on ecosystems, including water systems. IHL mandates the protection of the natural environment, which includes prohibiting methods of warfare that cause widespread, long-term, or severe damage to water bodies and other ecological resources.

Armed conflicts almost systematically disrupt water systems and lead to humanitarian crises. The report stresses that damage to water infrastructure exacerbates suffering for civilians, particularly in urban areas where access to clean water is complex and individual alternative coping strategies are limited.

Moreover, the destruction of agricultural irrigation systems can undermine food security, further amplifying the challenges faced by conflict-affected populations. These actions not only breach IHL but also have long-term repercussions on the health and sustainability of affected regions.

The report presents various instances where water resources were targeted during conflicts, drawing attention to the dire consequences for civilian populations. In several cases, water scarcity has led to forced migration, health crises, and increased mortality. It highlights the role of IHL in preventing such outcomes by holding parties accountable for ensuring the protection of water resources.

Water security in armed conflict is a vital aspect of humanitarian protection under IHL. The report underscores the legal obligations of warring parties to safeguard water supplies and prevent their use as weapons. By complying with these rules, most of them quite basic, parties to conflicts can mitigate the humanitarian impact and preserve essential resources for civilian populations, while certainly also contributing to build a general environment that will eventually be more conducive to peace.

The report finishes by discussing how a culture of compliance with IHL can be built. The ICRC, it states, has consistently emphasized that the single most important challenge to IHL is the lack of respect for it. Amongst other things, this involves ensuring domestic compliance with IHL.

States play a key role in upholding IHL by negotiating instruments that place limits on warfare, and they agree to be legally bound by these instruments by ratifying or acceding to them. They also ensure that their armed forces know the law, are trained in it, and are subject to a strong disciplinary system. To strengthen IHL, states first need to ratify not only the four Geneva Conventions of 1949, but also their Additional Protocols.  In addition, states need to adopt national implementation measures by adopting legislation that can facilitate the direct application of IHL at the domestic level.

Beyond these basic measures, it is important to investigate violations of IHL and to prosecute those who commit them, invest in education on IHL both for the military and for civilians, and share good practices as examples of the way forward.

In recent years, global initiatives to strengthen water security in conflict situations have been initiated. These include the Call to Action of the WaSH Roadmap and the Global Alliance to Spare Water from Armed Conflicts which underscore the critical need to protect water in times of war and provide concrete actions which both states and actors in civil society can take. These efforts highlight the immense humanitarian needs and the importance of addressing the root causes of water insecurity in conflict zones. Strengthening compliance with International Humanitarian Law (IHL) will not only reduce suffering but also lead to improved public health in communities affected by armed conflict and surely give Peace a better chance in the long run.