Customary Sources of International Humanitarian Law, Geneva Conventions and their Relationship with the Second Additional Protocol of the Geneva Conventions of 1949 Relating to the Protection of Victims in the Non- International Armed Conflicts

Abstract

This paper will address the importance of customary humanitarian law as a source of international humanitarian law which is one of the main pillars in the protection of human rights and freedoms during the war. The focus of the paper is the importance of the Geneva Conventions of 1949 and the second additional protocol dealing with the protection of victims during non-international armed conflicts. The purpose of this paper is to analyze the actual role of the Geneva Conventions and Additional Protocol II in providing legal protection to individuals in non-international armed conflicts. Article 3, is a common Article for all the Geneva Conventions of 1949, which aims to assist and serve as a mandatory norm in non-international armed conflicts. On the other hand, this Article is "assisted" by the second additional protocol which provides slightly more explanations separately from these conventions, regarding the protection of victims during armed conflicts of a non-international character. We are witnessing that the world is evolving more and more every day and armed conflicts are becoming more and more frequent due to different interests that certain social groups have. In this regard, it is necessary to draft more detailed norms with binding force for the parties to the conflict, in order to reduce or avoid consequences on people. The question raised in this paper is: why should the Additional Protocol II to the Geneva Conventions be binding and enforceable along with the four 1949 Conventions? In this paper, the case of Kosovo will be addressed. In this paper are used the analysis, comparison, historical methods of research.