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The modern International Humanitarian Law is made up of two historical streams namely; The Law of TheHague or the Law of War and the Law of Geneva or Humanitarian law. The two

92 C CWigwe, International Humanitarian Law (Accra: Readwide Publishers, 2010) p.1.

93 D Fleck (ed), The Handbook of International Law (3^rdedn, Oxford: Oxford University Press, 2013) p.4.

94 Article 2(4), 2(7), 51 UN Charter 1945.

95 C CWigwe, op. cit.

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streams tooktheir names from a number of international conferences which drew up treaties relating to warand conflict, in particular the Hague Conventions of 1899 and 1907 and Geneva Conventions, thefirst which was drawn up in 1863.⁹⁶

The Hague Convention concentrates on the limitation of the effect of hostilities and regulatingthe combatants‘ behavior and the conduct of military operations.⁹⁷ While the Geneva Conventionsaims at developing and extending the protection of victims of armed conflicts. Both lawsfollowed a parallel route marked by successes, failures and gaps before fusing together and beingpractically integrated in 1977 with the adaptation of the Protocols Additional to the Geneva Conventions.⁹⁸

The weight of events and codification of International Humanitarian Law began in the secondhalf of the 19th century that more systematic way approach was initiated. In the United States aGerman immigrant, Frances Lieder, drew up a Code of Conduct in 1863, which came to becalled the Lieder Code in his honor, for the Northern army. The Lieder Code included thehumane treatment of civilian populations in areas of conflict, and also forbade the execution of

prisoners of war.⁹⁹

Henry Dunant, a Swiss businessman who had worked with wounded soldiers at the Battle ofSolferino, led a more systematic effort to try and prevent the suffering of war victims.

Dunantwrote a book he titled ‗A memory of Solferino‘, and in which he described the horrors he hadwitnessed. His report were so alarming that they led to the founding of the

96 V Michael, ‗International Humanitarian Law and

Spirituality‘(2002)http://www.scribd.com/doc/61414965/International-Humanitarian-Law-and-Spirituallyaccessed 2 May 2017.

97 ICRC: The Law of Armed Conflict: Basic Knowledge (2002)

https://www.icrc.org/eng/assets/files/other/law1_final.pdf Accessed 2 May 2017.

98Ibid.

99 J Meurant, art. cit.

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InternationalCommittee of the Red Cross (ICRC) in 1863 and the Convention of Conference in Geneva in1864 which drew up the Geneva Convention for the Amelioration of the Condition of theWoundedin Armies in the Field.¹⁰⁰

The Geneva Conventions are the result of a process that developed in a number of stagesbetween 1864 and 1949. As a result of the Second World War, all the Four Conventions were part of the 1907 Hague Convention and re-adopted by the international community in 1947.¹⁰¹

Later conferences have added provisions prohibiting certain methods of warfare and addressingissues of civil wars.¹⁰²

Thus International humanitarian law finds its sources in a series of conventions and protocols. The following form the core of modern international humanitarian law:¹⁰³

i. The Hague Regulations respecting the Laws and Customs of War on Land;

ii. The Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949);

iii. The Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (1949);

iv. The Geneva Convention (III) relative to the Treatment of Prisoners of War (1949);

v. The Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War (1949);

vi. The ProtocolAdditional to the Geneva Conventions and relating to the Protection of Victims of International Armed Conflicts (Protocol I) (1977); and

100 The battle of Solferino (24 June 1859) https://www.icrc.org/eng/resources/documents/misc/57jnvr.htm Accessed 3 May 2017.

101 J Meurant, art. cit.

102 Ibid.

103Ibid.

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vii. The Protocol Additional to the Geneva Conventions and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (1977).

viii. Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating the adoption of an additional distinctive emblem.

The Hague Regulations are generally considered as corresponding to customary international law, binding on all States independently of their acceptance of them. The Geneva Conventions have attained universal ratification. Many of the provisions contained in the Geneva Conventions and their Protocols are considered to be part of customary international law and applicable in any armed conflict.¹⁰⁴

The International Committee of the Red Cross (ICRC) as has been established has a special role under international humanitarian law.¹⁰⁵ The Geneva Conventions stipulate that it will visit prisoners, organize relief operations, contribute to family reunification and conduct a range of humanitarian activities during international armed conflicts. They also allow it to offer these servicesin non-international armed conflicts. The International Committee of the Red Cross has a recognized role in the interpretation of international humanitarian law and is charged with working towards its faithful application in armed conflicts, taking cognizance of breaches of that law and contributing to the understanding, dissemination and development of the law.¹⁰⁶

To properly understand the nature of international humanitarian law, it is imperative to itemize its basic principles. They include-

1. Persons who do not or can no longer take part in hostilities are entitled to respect for their lives and for their physical and mental integrity. Such persons must in all

104 S Watts, ―Reciprocity and the Law of War‖ (2009) Harvard International Law Journal, Vol 50(2), p.365.

105 Y Sandoz, ―The International Committee of the Red Cross as guardian of international humanitarian law‖ (1998) https://www.icrc.org/eng/resources/documents/misc/about-the-icrc-311298.htm Accessed 3 May 2017.

106 Statutes of the International Red Cross and Red Crescent Movements, Art. 5.2 (c) and (g).