Nuevas guerras, nuevos desafíos

Análisis del Derecho Internacional Humanitario

Abstract

This paper exposes the nature of contemporary conflicts and the challenges that arise for the application of international humanitarian law. Starting from an analysis of the change in the ways of waging in the globalized world, this article explains some key factors to understand how conflicts have developed after the Cold War. Political and economic globalization has brought with it new characteristics in the methods, means and objectives of war, having as a central point the factors of identity. After the Second World War the need to create certain international rules and norms for warfare was raised. Therefore, international humanitarian law was developed as a balancing mechanism between the military demands of States and the humanitarian concerns arising from conflicts.

The objective of this work is to analyze the challenges that the new wars currently pose to international humanitarian law. The final argument of this reflection is that the new wars have challenged international humanitarian law, since its principles have failed to contain the slab of intentional and deliberate attacks against the civilian population. Therefore, an update of these principles is necessary, but above all, the correct and uniform application of the law that exists to date. The international community, made up of States, international governmental and non-governmental organizations, have the opportunity to demonstrate their political will to discuss new mechanisms for the protection of civilians and options to reduce the effects in the midst of war.