جنگ میں انسانیت کا تحفظ: بین الاقوامی قانونِ انسانیت کی کامیابیاں، تحدیات اور مستقبل

Protection of Humanity in War: Achievements, Challenges and Future of International Humanitarian Law

Abstract

International Humanitarian Law (IHL) seeks to alleviate human suffering during armed conflicts by protecting persons who are not, or are no longer, participating in hostilities and by regulating the means and methods of warfare. However, persistent violations in contemporary conflicts have led to a perception that IHL has become ineffective. This paper critically examines that perception through a doctrinal legal methodology, drawing on the Geneva Conventions, their Additional Protocols, customary international law, international jurisprudence, reports of the International Committee of the Red Cross (ICRC), and relevant scholarly literature. It analyses the achievements, contemporary challenges, and future prospects of IHL, arguing that its effectiveness should not be assessed solely by the occurrence of violations. Rather, it’s often-overlooked successes are reflected in the protection of civilians, humane treatment of detainees, preservation of humanitarian space, and the establishment of legal standards for accountability. The paper concludes that the principal challenge facing IHL is not the inadequacy of its legal framework but the lack of compliance, effective enforcement, and sustained political commitment to its implementation.