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International Review of the Red Cross FEBRUARY EtGHTH YEAR - No. 83 International Review of the Red Cross Inter arma caritas PROPERTY OF u.s. ARMY me JUDGE ADVOCATE GENERAl'S SCHOOl LIBRARY GENEVA 1968 INTERNATIONAL COMMITTEE OF THE RED CROSS FOUNDED IN 1863 \ INTERNATIONAL COMMITTEE OF THE RED CROSS SAMUEL A. GONARD, former Army Corps Commander, former Professor at the Graduate Institute of International Studies, University of Geneva, President (member since 1961) JACQUES CHENEVIERE, Han. Doctor of Literature, Honorary Vice·President (1919) MARTIN BODMER, Hon. Doctor of Philosophy (1940) LEOPOLD BOISSIER, Doctor of Laws, Honorary Professor at the University of Geneva, former Secretary-General of the Inter-Parliamentary Union (1946) PAUL RUEGGER, former Swiss Minister to Italy and the United Kingdom, Member of the Permanent Court of Arbitration, The Hague (1948) RODOLFO OLGIATI, Hon. Doctor of Medicine, former Director of the Don Suisse (1949) MARGUERITE GAUTIER-VAN BERCHEM, former Head of Section, Central Prisoners of War Agency (1951) FREDERIC SIORDET, Lawyer, Counsellor to the International Committee of the Red Cross from 1943 to 1951, Vice-President (1951) GUILLAUME BORDIER, Certificated Engineer E.P.F., M.B.A. Harvard, Banker (1955) ADOLPHE FRANCESCHETTI, Doctor of Medicine, Honorary Professor of clinical oph­ thalmology at Geneva University (1958) HANS BACHMANN, Doctor of Laws, Assistant Secretary-General to the International Committee of the Red Cross from 1944 to 1946, Vice· President (1958) JACQUES FREYMOND, Doctor of Literature, Director of the Graduate Institute of International Studies, Professor at the University of Geneva (1959) DIETRICH SCHINDLER, Doctor of Laws, Professor at the University of Zurich (1961) HANS MEULI, Doctor of Medicine, Brigade Colonel, former Director of the Swiss Army Medical Service (1961) MARJORIE DUVILLARD, Directress of" Le Bon Secours" Nursing School (1961) MAX PETITPIERRE, Doctor of Laws, former President of the Swiss Confederation (1961) ADOLPHE GRAEDEL, former member of the Swiss National Council, Secretary·General of the International Metal Workers Federation (1965) DENISE BINDSCHEDLER-ROBERT, Doctor of Laws, Professor at the Graduate Institute of International Studies (1967) MARCEL NAVILLE Master of Arts, bank manager (1967) JACQUES F. DE ROUGEMONT, Doctor of Medicine (1967) ROGER GALLOPIN, Doctor of Laws (1967} JEAN PICTET, Doctor of Laws (1967) WALDEMAR JUCKER, Secretary, Union syndicale suisse (1967) Honorary members: Miss LUCIE ODIER, Honorary Vice-President; Messrs FRE­ DERIC BARBEY, CARL J. BURCKHARDT and PAUL CARRY, Miss SUZANNE FERRIERE, Messrs. EDOUARD de HALLER, PAUL LOGOZ, ALFREDO VAN­ NOTTI, ADOLF VISCHER. Directorate: ROGER GALLOPIN, Director-General JEAN PJCTET. Director-General CLAUDE PILLOUD, Director INTERNATIONAL REVIEW OF THE RED CROSS EIGHTH YEAR - No. 83 FEBRUARY 1968 CONTENTS Page J. GRAVEN: Minimum rules for the protection of non­ delinquent Detainees . " 59 The structure, organisation and procedure of the International Conference of the Red Cross . .. 71 * INTERNATIONAL COMMITTEE OF THE RED CROSS An Appeal by the International Committee-On behalf of victims of the conflict in Laos . .. 74 * EXTERNAL ACTIVITIES Middle East - Rwanda - Nigeria - Yemen - Vietnam - Greece ­ Aden. .. 76 * IN GENEVA A Booklet on the Geneva Conventions 81 * IN THE RED CROSS WORLD 21st World Red Cross Day .... 82 In Latin America (J. Gomez Ruiz) . 86 Yugoslavia . 92 * MISCELLANEOUS Doctors' Rights in war . 95 Protection of cultural property . 98 The first International Health Organisation 99 Dissemination of the Geneva Conventions . 102 Legal Assistance to Refugees and Migrants 103 * BOOKS AND REVIEWS FRENCH EDITION OF THE REVIEW The French edition of this Review is issued every month under the title of Revue internationale de la Croix-Rouge. It is, in principle, identical to the English edition and may be obtained under the same conditions. * SUPPLEMENTS TO THE REVIEW * SPANISH Protecci6n para las populaciones civiles contra los peligros de la guerra sin discriminacion - La forma del emblema - El Derecho de los medicos en caso de guerra. GERMAN Schutz der Zivilbevolkerung gegen die Gefahren des unterschiedslos gefiihrten Krieges - Die Form des Emblems. THE INTERNATIONAL REVIEW OF THE RED CROSS is published each month by the International Committee 01 the Red Cross 7, avenue de la Paix, 1211 Geneva I, Switzerland Postal Cheque No. 12.1767 Annual subscription: Sw. fro 25.- ($6) Single copies Sw. fro 2.50 ($0 60) Editor: J.-G. LOSSIER The International Committee of the Red Cross assumes responsibility only for material over its own signature. MINIMUM RULES FOR THE PROTECTION OF NON-DELINQUENT DETAINEES by J. Graven This subject, which was on the agenda of the last meeting of the Medico-Legal Commission of Monaco, was dealt with by Professor Jean Graven in a report of which extracts were given in the Inter­ national Review of August 1967 and to which were attached draft " minimum rules" by the same author. The Commission adopted the Rules quoted below. l After examining this text the JCRC suggested some additions which are given in italics.-(Ed.) Considering that, in application of universally recognized principles of human rights for all sorts and conditions of men, a body of minimum rules for the treatment of detained delinquents has been drawn up on the basis of resolutions and recommenda­ tions adopted by the Congress of the United Nations, which met for that purpose in Geneva from August 22 to September 3, 1955; Considering also that social conscience would not be satisfied if, whilst penitentiary science is increasingly adapting the treatment of delinquents deprived of their liberty to the requirements of justice and humanity, minimum guarantees were not granted to persons deprived of their liberty without having been prosecuted for penal offences and accused or convicted of an infringement of national or international law; 1 By kind permission of Annales de Droit international medical, Monaco. 59 PROTECTION OF NON-DELINQUENT DETAINEES Considering, further, the absence of such guarantees for admin­ istrative, political and military internees and persons arrested for security reasons in the event of danger or internal and external strife; There should be drawn up for the protection of these people a general statute prescribing minimum standards derived from the principle contained in article 94 of the Standard Minimum Rules for persons detained after legal conviction, even for civil offences, the letter and the spirit of which are to be found in the fundamental rules of the Universal Declaration of Human Rights of December 10, 1948, which stipulates that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (article 5). I. General principles 1. Nothing in these Rules shall justify or encourage measures of detention dictated by exceptional circumstances. Their sole object is to attenuate the hardships of detention. 2. The minimum Rules set forth in the following articles shall, in accordance with the requirements of article 2 of the Universal Declaration of Human Rights, be applied impartially and without distinction of any kind based on race, colour, national or social origin, sex, language, religious, political or other opinion, property or other considerations of a similar personal order. 3. Specific rules suitable for particular categories of non­ delinquent detainees, taking their condition and need for special treatment or work into account, are not precluded, provided they are consistent with these general Rules, notably in so far as they extend the guarantees or benefits herein provided. II. Registration - Identification and control of detainees 4. In any place, institution or camp in which persons are detained, there shall be maintained complete and up-to-date lists or registers with numbered pages showing: a) The identity of each detainee, his citizenship or nationality and the conditions of his detention; 60 PROTECTION OF NON-DELINQUENT DETAINEES b) the date of his arrival, details of any transfers from place to place, the date of release or departure. 5. Personal effects which cannot be left in his possession shall be recorded and maintained in proper condition to be returned to him upon his release. ID. Separation of detainees 6. Men and women detainees shall be accommodated in separate institutions or parts of institutions. In the event of collective detention, family or communal accommodation shall be provided wherever possible. 7. In the event of collective civilian detention, children shall remain with the family or family circle whenever detention con­ ditions and organization make this possible. Notwithstanding, exceptions justified by educational or professional training require­ ments shall be permitted. Children less than six years of age shall in no case be separated from their mothers. 8. Civilian or military detainees or internees belonging to countries which are hostile to one another shall be separated. They may be accommodated together in other cases, taking into account national, linguistic or other affinities. 9. Non-delinquent detainees shall in all cases and without exception be distinguishable and separated from penal law detainees and convicted prisoners. IV. Premises, fixtures and fittings 10. All institutions or places of detention shall satisfy the necessary requirements of safety, health and hygiene, taking the number of detainees and climatic and seasonal conditions into account. They shall be sufficiently large to avoid overcrowding
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