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.

Nils Melzer was appointed as the Director of International Law, Policy and Humanitarian Diplomacy of the International Committee of the Red Cross in 2022. He previously served with the ICRC from 1999 until 2011, both as a delegate in operational contexts and as a Legal Adviser in Geneva. He has also been the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2016–22), Senior Security Policy Adviser to the Swiss Ministry of Foreign Affairs (2015–16), and Vice-President of the International Institute of Humanitarian Law in Sanremo (2019–22).

An affiliate Professor of International Law at the University of Glasgow, he has also held the Swiss Chairs for Human Rights and for International Humanitarian Law at the Geneva Academy of International Humanitarian Law and Human Rights, and has been a Senior Fellow and Programme Adviser for Emerging Security Challenges at the Geneva Centre for Security Policy, as well as Research Director at the Centre for Business and Human Rights at the University of Zürich.

Eva Svoboda worked with the International Committee of the Red Cross (ICRC) from 1999 to 2011 in Kashmir, Sudan, Myanmar, Iraq, East Timor, the Democratic Republic of the Congo and Algeria as Protection Coordinator, Head of Office and Head of Sub-Delegation, as well as Head of Delegation. Prior to joining the ICRC, she worked for the Swiss Development Agency and various non-governmental organizations. From 2012 to 2018 she was a Senior Research Fellow with the Humanitarian Policy Group at the Overseas Development Institute in London. Between 2016 and 2017 she worked as the Senior Expert for Detainees and the Missing at the United Nations (UN) Office of the Special Envoy for Syria.

International humanitarian law (IHL), also known as the law of armed conflict, seeks to limit the humanitarian impact of war by regulating the conduct of hostilities and protecting those not or no longer participating in combat. IHL does not prevent war, nor is that its role. IHL is only one part of the fabric of international law, other parts of which (jus ad bellum) govern the legality of war itself. However, IHL plays an essential role in mitigating suffering and fostering conditions that may facilitate a return to peace. This article examines the long-standing debate over whether IHL inadvertently legitimizes war or whether it can actually contribute, indirectly, to peace by imposing humanitarian constraints on conflict. It explores how adherence to IHL can preserve human dignity and support post-conflict reconciliation. Ultimately, while IHL does not prevent war, its strict application helps to reduce war's brutality and create pathways for sustainable peace.

Analyses of the humanitarian principles of humanity, neutrality, impartiality and independence often focus on the principles’ meanings and/or the challenges of applying them in practice. This article, by contrast, steps back to address foundational but somewhat neglected questions about whether these principles can accurately be designated “the” humanitarian principles; about how they came to govern the whole humanitarian sector; about their legal character and normative content; and, more fundamentally, about whether the principles can even have objective character and content. It begins by defining “humanitarian principles” and determining whether and on what basis certain principles constitute “the” humanitarian principles. The article then traces the history of how the principles came to govern the International Red Cross and Red Crescent Movement and diffused from there to non-governmental organizations and the United Nations system. It then analyzes the principles’ legal character and normative content for each of the above-mentioned categories of actor plus States, demonstrating that the principles do not – and, legally, cannot – have fixed legal character and normative content. While humanitarian actors share common understandings of the principles, legally the character and content of each principle flows from its source for the actor in question.

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.

The concept of humanity has been much discussed with respect to humanitarian work and international humanitarian law. There is today an idea of a single humanity, with each member equally valued beyond superficial differences in belief, nationality, ethnicity etc., and a global legal framework exists to prevent needless human suffering, including in war.

Dehumanization arises linguistically as the negation of a common, positive and mutually supportive humanity, though there is no single definition, and it certainly predates its opposite. Research indicates that dehumanization increases the risk of conflict/violence, increases the risk of abuses therein, and makes it harder to resolve conflict.

This paper gives an overview of how humanity is currently defined and used, notably by the International Committee of the Red Cross (ICRC) as one Fundamental Principle of the International Red Cross and Red Crescent Movement, and what dehumanization means especially in relation to conflict and violence. The paper then explores why and how dehumanization happens and the real-world harm that can result when it is espoused or tacitly condoned by those in positions of power. Finally, the paper examines how global legal frameworks and the principle of humanity, bolstered by impartiality, independence and neutrality, in particular as enacted by the ICRC, work to curb and push back against some of the worst harms that dehumanization can cause.

This year marks the 160th anniversary of the original Geneva Convention and the 75th anniversary of the four Geneva Conventions of 1949. Together, they have come to embody our common humanity. Alas, recent history teaches us that nothing can be taken for granted – whether people's basic rights or peace.

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.

One of the four core humanitarian principles, impartiality's substantive ethical and deeply operational nature directs aid agencies to seek and deliver aid on the basis of non-discrimination and in proportion to the needs of crisis-affected people. Designed to operationalize the principle of humanity, impartiality is challenged by a plethora of external factors, such as the instrumentalization of aid, bureaucratic restriction, obstruction by States or non-State armed groups, and insecurity. Less visible and less examined are factors internal to aid agencies or the sector as a whole. Based on a desk review of the literature and the authors’ experience working with Médecins Sans Frontières, this article explores shortcomings in how the humanitarian sector understands and operationalizes impartiality, placing the focus on these internal factors.

Beginning with the definition of impartiality, the article focuses on inadequacies in the practice of impartiality's twin pillars: non-discrimination and proportionality in the delivery of aid. Key conclusions include the necessity of an active rather than passive approach to non-discrimination, and the need for greater commitment to proportionality. In extending this analysis, the article looks more deeply at how aid organizations approach the humanitarian principles, identifying shortcomings in the way that the sector operationalizes, engages with and evaluates those principles. Given the sector's limited inclusion of or accountability towards people in crisis, its exercise of impartiality seems particularly problematic in relation to its power to decide the who and what of aid delivery, and to define the needs which it will consider humanitarian.

The objective of this article is to reset humanitarians’ conceptual and operational understanding of impartiality in order to better reflect and protect humanity in humanitarian praxis, and to help humanitarians navigate the emergent challenges and critical discussions on humanitarian action's position in respect to climate change, triple-nexus programming, or simply a future where staggering levels of urgent needs vastly outstrip humanitarian resources.

Franz Perrez is Director-General of the Directorate of International Law at the Federal Department of Foreign Affairs (FDFA), Switzerland. He is responsible for the development and interpretation of international law and ensuring that Switzerland's strategic rights are respected abroad. As a member of the FDFA senior management, Mr Perrez is also jointly responsible for the FDFA's strategic approach and advises the Federal Council, Switzerland's representatives abroad and other Federal Administration offices on international law issues.

Prior to his new role Mr Perrez was appointed Switzerland's Ambassador for the Environment and Head of the International Affairs Division at the Federal Office for the Environment (FOEN) in 2010. In this capacity, he headed the Swiss delegations to international environmental and climate negotiations for thirteen years.

After studying law in Bern and Paris, Mr Perrez worked at the FDFA's Directorate of International Law from 1993 to 1995. He went on to study at New York University, where he gained a master of laws focusing on international law and completed a PhD thesis on the topic of sovereignty as a principle of cooperation. On returning to Switzerland, he took up a position at the World Trade Organization (WTO) Division of the State Secretariat for Economic Affairs, before joining the FOEN in 2001.

Mr Perrez has proven expertise in international law. He has widely published in the area of international environmental law, international environmental governance, the relationship between trade and the environment, and public international law. Since 2008, Mr Perrez has also lectured on international environmental law at the University of Bern School of Law. He served as a panellist on the newest WTO tuna–dolphin dispute between Mexico and the United States, and as Switzerland's Ambassador for the Environment and Chief Negotiator for Environmental Issues, namely climate change, biodiversity, chemicals and waste, he led the Swiss delegation to the Rio+20 conference and to the Paris Climate Change Conference in 2015. He was President of the Basel Convention (COP 11 in 2013) and President of the Rotterdam Convention (COP 8 in 2017) and facilitated the negotiations on mitigation of the Paris Agreement. Through his work within and outside of Switzerland, he has built strong networks around the world and within the Federal Administration.

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.

Itonde Kakoma is the President and CEO of Interpeace. Prior to Interpeace, he served as the Permanent Representative of the International Federation of Red Cross and Red Crescent Societies (IFRC) to the African Union and International Organizations (2021–23). Previously, Mr Kakoma served in various leadership capacities on matters of international peace mediation, including as Director for Global Strategy and member of the leadership team at CMI – Martti Ahtisaari Peace Foundation. Additionally, Mr Kakoma was Assistant Director for the Conflict Resolution Programme at the Carter Center, managing a portfolio of the Center's peace initiatives and supporting former president Carter's back-channel diplomatic efforts. He is an experienced facilitator and moderator for high-level peace processes and dialogue fora and has expertise in mediation, negotiation, process design, humanitarian diplomacy and transitional justice.

The digital transformation creates significant opportunities and risks for humanitarian action. Current approaches to humanitarian innovation-related issues are too often driven by considerations of competition and relevance, relegating the fundamental humanitarian principles of humanity, impartiality, neutrality and independence to afterthoughts. By reasserting the place and role of these principles in humanitarian decision-making processes, this article argues that it is possible to better understand the political and ethical dimensions of the digital transformation, reverse counterproductive practices, and ultimately better mitigate the negative impact that technologies can have on the safety and dignity of people affected by humanitarian crises, and on principled humanitarian action.

This article examines the links between the concept of peace and international humanitarian law (IHL). It takes a closer look at how the originator of IHL, the International Committee of the Red Cross, justified the existence of this body of law, which was supposed to regulate war, in the face of those who wanted to see war abolished once and for all. The article also questions the attitude of the International Red Cross and Red Crescent Movement, which, while wanting a peaceful society, did not give itself the means to achieve one.

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.