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Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts

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Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts INTERNATIONAL COMMITTEE OF THE RED CROSS Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (Geneva, 24 May - 12 June 1971) REPORT ON THE WORK OF THE CONFERENCE GENEVA August 1971 Colonel Howard S. Levie Collection The Judge Advocate General's Legal Center and School United States Army Charlottesville, Virginia INTERNATIONAL COMMITTEE OF THE RED CROSS Conference of Government Experts 00 the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (Geneva, 24 May - 12 June 1971) REPORT ON THE WORK OF THE CONFERENCE GENEVA August 1971 PROPERlY U.S. i I I 1, " I CONTENTS I Page Paragraphs INTRODUCTION . OFFICIAL OPENING SESSION 3 LIST OF PARTICIPANTS ... 7 CONFERENCE AND COMMISSION OFFIClALS 13 RULES OF PROCEDURE OF THE CONFERENCE 15 LIST OF DOCUMENTS SUBMITTED BY THE INTERNATIONAL COMMITTEE OF THE RED CROSS ....................................... 16 REPORT ON THE FIRST PLENARY SESSIONS OF THE CONFERENCE 17 1-32 I. Procedure . 17 1-10 II. General Discussion . 18 11-20 III. Specific Problems discussed in the General Debate 20 21-31 IV. Methods for Drafting New Rules 22 32 REPORT OF COMMISSION I 23 33-92 INTRODUCTION . 23 33-42 CHAPTER I - Protocol I Protection of Wounded and Sick in International Armed Conflicts 24 43-70 CHAPTER II - Protocol II Protection of Wounded and Sick in Non-International Armed Conflicts 27 71-88 CHAPTER III Safety of Medical Transports ..... 28 89-92 ANNEXES to the Report of Commission I . 29 REPORT OF COMMISSION II 33 93-404 INTRODUCTION . 33 93-97 PROTECTION OF VICTIMS OF NON-INTERNATIONAL ARMED CONFLICTS. 34 98-356 CHAPTER I General Discussion . 34 98-128 CHAPTER II Definition of Non-International Armed Conflicts 36 129-191 CHAPTER III Objective Finding of the Existence of Armed Conflicts 41 192-218 CHAPTER IV The Content of a Possible Protocol . 43 219-281 CHAPTER V Non-International Armed Conflicts in which the Party Opposing the Authorities in Power has an Organization Displaying many of the Constituent Features of a State . 48 282-289 CHAPTER VI Foreign State Aid in Non-International Armed Conflict 50 290-311 CHAPTER VII Wars of Liberation . 52 312-356 III Page Paragraphs ANNEXES to the Report of Commission'II concerning the Protection of Victims of Non-Inter­ national Armed Conflicts . 57 RULES APPLICABLE IN GUERRILLA WARFARE . 66 357-404 INTRODUCTION • • 66 357-360 CHAPTER I General Comments . 66 361-371 CHAPTER II Prisoner-of-War Status for Guerrilleros 68 372-385 CHAPTERffi Protection of Gvilian Populations 69 386-392 CHAPTER IV Methods of Warfare 70 393-395 CHAPTER V Conclusions and Proposals . 70 396-404 REPORT OF COMMISSION ill 72 405-522 INTRODUCTION • . • • 72 405-408 PART ONE PROTECTION OF CIVILIAN POPULATION AGAINST DANGERS OF HOSTILITIES. 73 409-486 CHAPTER I General Discussion . 73 409-423 CHAPTER II The Distinction between the Civilian Population and Military Objectives; Definition of Civilian Population. 75 424-439 CHAPTER III Protection of Civilian Population 77 440-453 CHAPTER IV Distinction between Non-Military Objects and Military Objectives; Definition of Non-Military Objects; Protection of Non-Military Objects . .. 80 454-459 CHAPTER V Precautions to spare the Civilian Population and Non-Military Objects 81 460-467 CHAPTER VI Zones under Particular Protection ............... 82 468-471 CHAPTER VII Protection of the Civilian Population against Certain Bombardments and Weapons 83 472-477 CHAPTER VIII Protection of the Civilian Population against Certain Effects of Economic Warfare; Inter­ national Relief Action for Civilian Population; Other Problems. ... 84 478-486 PART TWO STRENGTHENING OF THE GUARANTEES AFFORDED BY INTER­ NATIONAL HUMANITARIAN LAW FOR NON-MILITARY CIVIL DEFENCE ORGANIZATIONS ............................... 87 487-506 CHAPTER I General Discussion 87 487-492 CHAPTER II Definition . 88 493-495 CHAPTER III Civil Defence Duties 88 496-501 CHAPTER IV Protection and Markings 89 502-506 ANNEXES to Parts One and Two of the Report of Commission III . 90 PART THREE PROTECTION OF JOURNALISTS ON DANGEROUS MISSIONS 100 507-515 ANNEX to Part Three of the Report of Commission III . 102 IV Page Paragraphs~ PART FOUR RULES RELATIVE TO BEHAVIOUR OF COMBATANTS 103 516-522 ANNEXES to Part Four of the Report of Commission III 105 REPORT OF COMMISSION IV 107 523-580 INTRODUCTION • 107 523-526 CHAPTER I Remarks on the Reinforcement of the Rules relative to the Supervision of the Regular Observance of the Law in Force . .. 107 527-555 CHAPTER II Remarks and Suggestions on the Reinforcement of the Rules relative to Penal Sanctions for Violations of the Law in Force . 110 556-572 CHAPTER III Observations concerning the Problem of Reprisals 111 573-577 CHAPTER IV Remarks and Suggestions on the Dissemination of Humanitarian Principles and Rules, National Legislation for their Application, and Instructions to be given to the Armed Forces 111 578-580 ANNEXES to the Report of Commission IV . 113 REPORT ON THE FINAL THREE PLENARY SESSIONS OF THE CONFERENCE 117 581-620 I. Introduction 117 581-584 II. Progress. 118 585-589 III. Prospects . 118 590-620 ANNEX to the Report on the Final Three P1enal!Y Sessions of the Conference 121 v INTRODUCTION In September 1969, at Istanbul, the XXlst Interna­ National Red Cross Societies the opportunity to tional Conference of the Red Cross unanimously make known their views on the main problems adopted Resolution No. XIII entitled" Reaffirmation submitted to the government experts. and Development of the Laws and Customs Appli­ The ICRC also sent the governments invited two cable in Armed Conflicts". In that resolution, the reports by the U.N. Secretary-General on Respect for Conference requested the International Committee of Human Rights in Time of Armed Conflicts, and the the Red Cross (ICRC) to pursue actively its efforts records of relevant proceedings of the U.N. General with a view to proposing, as soon as possible, Assembly which, in its resolution 2677 (XXV), asked concrete rules which would supplement humanitarian the Secretary-General to transmit those documents to law in force. It also urged the ICRC to invite the ICRC for submission to the Conference of government experts to meet for consultation with the Government Experts. ICRC on those proposals. When it sent the documentary material to the On the basis of that resolution and in order to be governments invited, on 19 March 1971, the ICRC able subsequently to put forward proposals to all proposed that the Conference set up three commis­ governments, the ICRC decided to convene the sions to meet simultaneously. It also proposed a "Conference of Government Experts on the Reaf­ provisional agenda sharing the matters for discussion firmation and Development of Humanitarian Law among the commissions. Applicable in Armed Conflicts", which was held At the beginning of its work, the Conference from 24 May to 11 June 1971 in Geneva. adopted the rules of procedure proposed by the Consistent with the same resolution, which advo­ ICRC, the text of which is given later in this paper. cated the meeting of government experts who were Those rules specified, inter alia, that experts would representative of the main legal and social systems in express personal opinions not binding on the govern­ the world, and bearing in mind the active interest ments which had appointed them, and that the displayed by many governments for Red Cross efforts Conference would reach no decisions and pass no in that field, the ICRC invited some forty govern­ resolutions. In accordance with the same rules, the ments to delegate experts to the Conference. A few of Conference elected its own and each commission's them having decided not to participate, the invitation officers as shown later on in this report. was extended to several other governments which had After two days of general discussion, the Confer­ shown special interest in the meeting. Finally, almost ence split into four commissions-a fourth having 200 experts from 41 States were gathered in Geneva. been considered necessary-three of which met simul­ The list of participants is attached hereto. taneously to consider the subjects which had been In its invitation of 22 October 1970, the ICRC gave assigned to them. The last two days were devoted to a provisional list of matters to be submitted to the the adoption of commission reports and to a general Conference. discussion in the course of which the Conference In the course of the first few months of 1971, considered, among other things, the action to be the ICRC sent the governments invited the documen­ taken to follow up its work. tary material it had drawn up on the basis, in Apart from the documents already mentioned, this particular, of the opinions gathered during private report consists in the main of those drawn up by the consultations with some fifty experts throughout the four commissions as amended by the Conference. The world. Consisting of the eight Documents listed ICRC has added an analysis of its own of the plenary later on in this report and which covered more than sessions with which the Conference began and ended. 800 pages in each of the Conference's three working languages (French, English and Spanish), that mater­ * * * ial contained inter alia draft rules in various stages The International Committee of the Red Cross is of development and accompanied by extensive com­ gratified that governments replied so favourably to its ments on the problems to be dealt with and on the appeal by delegating numerous and highly qualified opinions of persons consulted. The ICRC added experts to Geneva. It wishes to convey to them here other documents, particularly the report on the work its profound gratitude. of the Conference of Red Cross Experts which met in Mter three weeks of discussions, conducted in the The Hague from 1 to 6 March 1971, with the active best team spirit and without a single note of discord, assistance of the Netherlands Red Cross, to give experts were almost unanimous in desiring a second 1 Conference with a broader attendance in the near The International Committee of the Red Cross was future.
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