The context of humanitarian action has changed considerably over the past twenty years. These upheavals have given rise to a need to reflect on humanitarian action, as evidenced by the new focus on scientific research by humanitarian actors since the turn of the century. This new approach has led to the creation of numerous organizations dedicated to research within the sector itself, so that scientific knowledge on humanitarian action is no longer produced solely by university researchers. One such organization is the French Red Cross Foundation, founded in 2013. This organization bears witness to the diversity and depth of the issues affecting the humanitarian sector, and the challenges of responding to them. Its history and its past and present difficulties and successes also illustrate the complexity of implementing such a response.

This article aims to analyze and capitalize on several examples of scientific programmes built in direct relation to the humanitarian sector, in order to draw lessons from them (success factors, difficulties encountered, testimonials of applications of research results). In the article, we provide retrospective information on collaboration between the humanitarian and social action sectors and the academic sector, and look to the future by anticipating the shortcomings and needs that organizations – like researchers – will have to address in order to nurture the solidarity practices of tomorrow.

What rules of fighting (armed combat) does Hinduism espouse? The sacred texts are the pre-eminent sources, so these need to be summarized and compared to each other. Teaching mostly through stories, the texts describe deeds of people (especially warriors), gods and demons to show how to behave and not to behave in war. While the injunctions in the Mahābhārata and Arthaśāstra are already covered in the literature, including in this journal, this present work examines the Purāṇas in depth. After a thorough search of all relevant passages, we find the Purāṇas to be very similar to the epics in terms of the list of prescribed and proscribed actions in war that they provide. We also make comparisons to international humanitarian law (IHL); as in the epics, we find that the Purāṇas contain many similar provisions to those found in IHL but that they go above and beyond what is required by IHL in urging that fighting be fair at the tactical level (i.e., between individual fighters). Being religious texts, the Purāṇas also deal with the afterlife consequences of both righteous and unrighteous combat.

The principle of prohibiting forced labour exists in both treaty and customary international law. However, there are limits to this prohibition, in that certain types of forced labour are actually permitted; this is the case for forced labour performed by prisoners of war (PoWs). This paper examines the legal regime applicable to such labour. It starts by setting out the current rules, following a brief historical review. It then explains the shortcomings of those rules, which are open to abuse and are not focused exclusively on the rights and interests of the PoWs, before proposing two possible ways of improving the situation by means of a systemic approach. The first is based on international humanitarian law itself, while the second is based on the complementary relationship between that body of law and international human rights law. Such improvements would give PoWs the right to perform any available work while continuing to require them to carry out work exclusively dedicated to running the PoW camp.

Humanitarian diplomacy emerged as a concept in the 2000s to describe the vital work effected by non-State humanitarian organizations to negotiate access, protect civilians and uphold humanitarian principles. This paper charts the rise of State-led humanitarian diplomacy in the Middle East, arguing for the need to expand the conventional lens that is focused on non-State actors. It does so through a detailed examination of Qatar, a case study that has emerged over the last two decades as a significant State actor engaging in a range of forms of humanitarian diplomacy. Following a brief theoretical examination of the concept of humanitarian diplomacy, the paper describes Qatar's role in humanitarian diplomacy in relation to the changing context of armed conflict and humanitarian response in the Middle East. It then presents a categorization of Qatar's humanitarian diplomacy, employing a framework structured around multiple levels including practice, policy and normative/ideational, carried out by both non-State and State actors. Finally, the paper reflects on the significance of Qatar's experience and the implications it may have on the conduct of humanitarian diplomacy in the region, and in particular what a niche small State can do to contribute to the protection of the humanitarian sphere.

On 9 January 2024, the president of the Republic of Ecuador decreed a state of exception in which he recognized the existence of a non-international armed conflict (NIAC) involving twenty-two criminal groups. By July 2024, the president had declared four additional states of exception. The Constitutional Court examined the decrees and ruled against the existence of a NIAC. In this context, the objective of this article is to present, contrast and analyze the positions of the president and the Constitutional Court and highlight the most notable jurisprudential developments. This case study is relevant to exploring some of the challenges of classifying armed conflicts involving organized crime. In respect of the position of the president, inconsistencies were identified between the recognition of the armed conflict and the actions taken to confront it. As to the Court's jurisprudence, some notable developments identified include the incorporation of international humanitarian law treaties into the block of constitutionality and the ruling on challenges of contemporary armed conflicts such as spillovers, coalition formation and the participation of criminal groups in armed conflicts.

Many ancient African societies had advanced and sophisticated humanitarian protection mechanisms and war codes to regulate the conduct of armed hostilities. A careful examination of both historical and contemporary African customs and traditions provides unique avenues through which to interpret and apply international humanitarian protection in armed conflict. As a sub-branch of international law, international humanitarian law (IHL) seeks to limit the excesses of warfare and regulate the conduct of armed hostilities. However, international conventions such as those of IHL remain severely constrained if they are not framed and reconciled with indigenous understandings and meanings of humanitarian protection. In non-international armed conflicts specifically, this enduring challenge demands that IHL conventions and other international conventions be framed and understood within indigenous frameworks that support local ownership of this internationalized body of law. Encouraging dialogue between international norms and indigenous practices can enhance the relevance, authority and legitimacy of IHL in Africa.

This article examines the life and works of Dr Nicasio Landa, the co-founder of the Spanish Red Cross, known as the “Spanish Henri Dunant”. The article begins by discussing his seminal works in the field of international humanitarian law (IHL) and the institutions, notably including the International Committee of the Red Cross, with which he worked until the outbreak of the Franco-Russian War. The article then focuses on Dr Landa's pioneering contributions to the drawing up and application of international law instruments in the framework of the Institut de Droit International, paying special attention to his contribution to IHL and his pioneering codification efforts at the interface between epidemic diseases and international law. The conclusion highlights the seminal role that Dr Landa played in setting the course of an international humanitarian tradition which has largely outlived the memory we have of this hidden figure in the history of IHL.

To encourage further interrogation of the language of “survivor-centredness” in the field of conflict-related sexual violence, this article offers a case study of efforts to build and intensify more survivor-centred pedagogy for use in the training of humanitarian workers seeking to address sexual violence in conflict and emergency settings. Set against the backdrop of a literature review of existing usages, it builds on key aspects of an earlier evaluation in which all three authors were involved in different capacities.

The protection of non-combatants in times of autonomous warfare raises the question of the timeliness of the international protective emblem. (Fully) Autonomous weapon systems are often launched from a great distance, and there may be no possibility for the operators to notice protective emblems at the point of impact; therefore, such weapon systems will need to have a way to detect protective emblems and react accordingly. In this regard, the present contribution suggests a cross-frequency protective emblem. Technical deployment is considered, as well as interpretation by methods of machine learning. Approaches are explored as to how software can recognize protective emblems under the influence of various boundary conditions. Since a new protective emblem could also be misused, methods of distribution are considered, including encryption and authentication of the received signal. Finally, ethical aspects are examined.

As usage of military artificial intelligence (AI) expands, so will anti-AI countermeasures, known as adversarials. International humanitarian law offers many protections through its obligations in attack, but the nature of adversarials generates ambiguity regarding which party (system user or opponent) should incur attacker responsibilities. This article offers a cognitive framework for legally analyzing adversarials. It explores the technical, tactical and legal dimensions of adversarials, and proposes a model based on foreseeable harm to determine when legal responsibility should transfer to the countermeasure's author. The article provides illumination to the future combatant who ponders, before putting on their adversarial sunglasses: “Am I conducting an attack?”

With technological developments presenting tremendous opportunities, rapid developments in data-driven artificial intelligence (AI) and machine learning (ML) have the potential to significantly transform humanitarian forensic action. Yet, their role in the forensic identification of dead bodies remains unexamined. The correct and early identification of dead bodies is not only important to afford the deceased their honour and dignity and to ensure that their families know the fate of their loved ones, but also has broader implications for human rights and international humanitarian law (IHL). This article examines the opportunities and challenges of AI and ML in advancing honour and dignity in death for armed conflict victims in humanitarian forensic action under IHL. It argues that the application of AI and ML in humanitarian forensic action has the potential to revolutionize and support forensic practitioners in the identification of human remains. This will consequently guarantee that families know the fate of their loved ones and that the deceased are afforded dignified burials according to their religious and cultural rites. The article proposes recommendations for the future use of AI and ML in humanitarian forensic action, including the adoption of a legally binding international instrument governing their use, the development of guidelines for their use, the training of forensic actors in IHL and human rights law, and the use of new technologies in humanitarian action.

In times of armed conflict, disasters and violence, people may become separated from their families, go missing or die, or become victims of ill-treatment and sexual violence. Under international humanitarian law, States have obligations to prevent harm and address humanitarian needs. At State level, the medicolegal system is conventionally mandated to address these needs and fulfil related legal obligations. In practice, State responses can sometimes be non-existent, limited by the endemic functionality of existing systems, or degraded by crises of violence, natural disasters and migration. These conditions can, in turn, impede the establishment of peace, reparations, restorative justice efforts and post-conflict reconstruction. This paper explains what a medicolegal system is and the entities that encompass it. The paper highlights the importance of developing clear policies, regulation and procedures that ensure proper functioning of the system. It reviews common gaps and challenges that limit State prevention and response to issues of humanitarian concern. Finally, recommendations when developing and implementing humanitarian programmes to strengthen medicolegal systems are provided, with a particular focus on the content of protection dialogue in diplomatic fora.

Armed conflict presents a multitude of risks to civilians, prisoners of war and others caught in the middle of hostilities. Harmful information spreading on social media compounds such risks in a variety of tangible ways, from potentially influencing acts that cause physical harm to undermining a person's financial stability, contributing to psychological distress, spurring social ostracization and eroding societal trust in evidentiary standards, among many others. Despite this span of risks, no typology exists that maps the full range of such harms. This article attempts to fill this gap, proposing a typology of harms related to the spread of harmful information on social media platforms experienced by persons affected by armed conflict. Developed using real-world examples, it divides potential harm into five categories: harms to life and physical well-being, harms to economic or financial well-being, harms to psychological well-being, harms to social inclusion or cultural well-being, and society-wide harms. After detailing each component of the typology, the article concludes by laying out several implications, including the need to view harmful information as a protection risk, the importance of a conflict-specific approach to harmful information, the relevance of several provisions under international law, and the possible long-term consequences for societies from harmful information.

The information used for this typology is based entirely on open-source reporting covering acts that occurred during armed conflict and that were seemingly related to identified harmful information on social media platforms or messaging applications. The authors did not verify any reported incidents or information beyond what was included in cited sources. Throughout the article, sources have been redacted from citations where there is a risk of reprinting harmful information or further propagating it, and where redaction was necessary to avoid the impression that the authors were attributing acts to particular groups or actors.

Does targeting combatants really provide a military advantage during an armed conflict? The limitations on the use of force against civilians and means and methods of warfare are well developed under contemporary international humanitarian law (IHL), but the issue of targetability of adversary combatants remains underdeveloped. This paper builds on contemporary developments in international human rights law and moral just war theory to offer a revised lex ferenda look at the basic principles of IHL through the internalization of the value of the lives of combatants. It is argued that such a reading of IHL would allow for a rejection of the automatic necessity of targeting combatants, and hence give due consideration to the value of life of combatants (both adversary combatants and own combatants) in the evaluation of the use of force during armed conflicts, including through reduced military advantage, force protection, and adjusted proportionality analysis.

Contemporary armed conflicts have increasingly been accompanied by belligerents’ calls for civilians to support their military efforts. This article investigates the legal consequences of civilians taking up arms provided by or with the tacit support of the State. It first looks at the implications of civilian involvement from the perspective of a State's international humanitarian law (IHL) and international human rights law obligations, focusing on removing civilians from the vicinity of hostilities, informing and training civilians on the implications of directly participating in hostilities, and respecting and ensuring respect for the law. It then demonstrates that the broader fabric of public international law is tested when civilians are encouraged to engage in hostilities, through a close analysis of the challenge of attributing civilian acts to the State. The article closes with practical recommendations for States to ensure that they uphold their humanitarian and human rights obligations, and to render the law of international responsibility effective when civilians commit systemic violations of IHL.

This article explores the potential classification of decentralized armed groups in non-international armed conflicts (NIACs). Unlike centralized armed groups, decentralized groups consist of fluid alliances of small subunits or cells with loose coordination between them. The central question explored by the authors is whether such groups meet the minimum organizational criterion to be considered parties to an armed conflict under international humanitarian law (IHL). The authors argue that, while not possessing the same chain of command as centralized armed groups, decentralized armed groups can, under certain conditions, nevertheless fulfil the criteria for conflict classification. Judicial precedents and IHL interpretation point to this conclusion where the absence of a centralized command structure within the group can be compensated by the existence of other factors attesting to the group's organization, such as the exercise of operational command over armed subunits, with the intensity of violence being an additional element suggesting the overall organization of the group. Ultimately, this interpretation would ensure the applicability of a legal framework that would better reflect the intensity of armed confrontations on the ground, and bind both States and non-State parties to a NIAC alike.

In this edition of the Review's “Beyond the Literature” series, we have invited George Dvaladze to introduce his recent book Equality and Non-Discrimination in Armed Conflict, before then posing a series of questions to Nelly Kamunde, Mona Rishmawi, Vanessa Murphy and Alexander Breitegger.

Nelly Kamunde is a lawyer in Kenya and has been working as an independent researcher, lecturer, and trainer with various institutions in international humanitarian law (IHL). Mona Rishmawi is the former Chief of the Rule of Law, Equality and Non-Discrimination Branch of the Office of the UN High Commissioner for Human Rights. Vanessa Murphy is the International Committee of the Red Cross (ICRC) Legal Adviser responsible for conflict-related legal issues regarding gender, the protection of children and the protection of the environment. Alexander Breitegger is a Senior Legal Adviser at the ICRC's Thematic Legal Advice Unit; he focuses on IHL and persons with disabilities as part of his thematic files and provides support for the implementation of the ICRC Vision 2030 on Disability.

The Review team is grateful to all four discussants, and to George, for taking part in this engaging conversation.