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Final Record Concerning the Draft Rules for the Limitation of The

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Final Record Concerning the Draft Rules for the Limitation of The Colonel Howard S. Levie Collection The Judge Advocate General's Legal Center and School United States Army Charlottesville, Virginia XIXth International Conference of the R~d Cross \ New Delhi, October-November 1957 FINAL RECORD CONCERNING THE DRAFT RULES FOR THE} LIMITATION OF THE DANGERS INCURRED BY THE CIVILIAN POPULATION IN TIME OF WAR International Committee of the Red Cross Geneva, April 1958 PROPERTY OF U.S. AAMY THE JUDGENJVOCATE GENERAL'S SCHOOl lIBRARY 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I N D E X INTRODUCTION p. 1 RECORD of the proceedings of the XIXth International Conference of the Red Cross concerning the Draft Rules for the limitation of the Dangers incurred by the Civilian Population in Time of War I. - Minutes of the Conference discussions p. 3 A) International Humanitarian Law Commission p. 5 First Meeting, October 29, 1957, morning p. 5 Second Meeting, October 29, 1957, afternoon p. 27 Third Meeting, October 30, 1957, morning p. 55 Fourth Meeting, October 30, 1957, afternoon p. 82 Fifth Meeting, October 31, 1957, (extract) p. 104 B) Conference Plenary Sessions: Fifth Plenary Session, November 6, 1957. afternoon (extract) p. 110 Sixth Plenary Session, November 7, 1957, morning (extract) p. 117 II. - Amendments and other texts concerning the Draft Rules distributed to the Delegates p. 119 APPENDIX: 1. - Lists of Delegates who spoke on the Draft Rules: a) in order p. 155 b) by countries p. 161 c) in alphabetical order p. 170 2. - List of amendments and other texts concerning the Draft Rules distributed to the Delegates p. 173 3... List of proposals and amendments concerning the Draft Rules, classified by numerical order of the articles to which they refer p. 175 ****** 1. INTRODUCTION In Hesolution XIII concerning the Draft Hules for the Limita­ tion of the Dangers incurred by the Civilian Population in Time of War (1) of which the text is given on Page 141, the XIXth International Conference of the Red Cross held in New Delhi from October 26 to November 7. 1957, addressed the International Committee of the Red Cross (IeRe) in the following terms: "The Conference .... requests the International Committee of the Red Cross, acting on behalf of the XIXth Conference, to transmit the Draft Rules, the record of its discussions. the text of the proposals and the submitted amendments, to the Govern­ ments for their consideration". In compliance with this request the International. Committee has drawn up this document, which contains the complete record of the discussions of the Conference on the Draft Rules, together with the text of all the amendments, suggestions and reports on the subject submitted to the Conference and distributed to the delegates. The International Committee thought it advisable to make the stlidy of the record and the texts easier by giving a few short comments on the course of the discussions on the Draft Rules by the . Conference. For this same purpose, it has also appended to the record and relevant texts, the following lists: Delegates who spoke on the Draft Rules, listed in the order of the speeches, by countries and lastly in alphabetical order (see p. 155) All amendments and other texts concerning the Draft Rules distributed during the Conference to the delegates (see p. 173) Amendments and proposals concerning particular Articles of the Draft Rules in numerical order of the Articles (see p.175) (I) Abbreviated hereafter to "Draft RUles". 2. To establish the final text of the record contained in this publication, the IeEC made use of the verbatim shorthand records of the Conference discussions (in 8nglish) and tape recordings of the speeches. The tape recordings enabled the ICHC to check all speeches in English of the verbatim records and to transcribe in the original lan­ guages speeches made in French and .spanish. In addition, the ICEC thought it advisable to submit the records of the speeches to those who had delivered them, to enable a final check to be made. This procedure, usually followed in compiling the Final Records of Conferences, explains the lapse of time which has occurred before the Committee could carry out the mandate entrusted to it by the fifth paragraph of Resolution XIII. The International Committee wishes to thank all the delegates who have been good enough to return their speeches, with the few corrections of form they wished to make, without loss of time. After receiving these texts, implicitly or expressly approved by the authors, the ICRC was able to proceed with the drafting of the text, its translation into the three working languages of the Conference and, lastly, its publication. It will be remembered that, in view of the New Delhi Con­ ference, the ICRC sent the Draft Rules, in October 1956, to all the National Red Cross Societies and Governments taking part in the Conference. During the Conference the study of the Draft Rules was en­ tr usted to the ·International Humanitarian Law Commission - under the chairmanship of Mr. Tohn MacAulay, Vice-President of the Canadian H.ed Cross - under Item 2 of its Agenda. The proceedings bega.n with an introductory speech by Mr. F. Siordet, Vice -President of the IeRC, who explained the origins and purpose of the Draft Rules, and commented on the Draft Hesolution submitted by the ICRC (see p. 7) Discussions on this item took place during the first four meetings of the Commission, i. e. the morning and afternoon meetings on October 29 and 30. They came to an end during the morning meeting on October 31, following the adoption of the draft resolution prepared by the Drafting Committee (see p. 105). The report of Mr, H. Beer, Secretary-General of the Swedish Red Cross Society, gives a detailed summary of the progress and various stages of the discussions (see p. 110). The Conference took up the study of the matter once more during the fifth Plenary Session on November 6 (afternoon). After hearing the report of the Commission on International Humanitarian La"w. and two further speeches on the subject, it adopted unanimously Resolution XIII which figures in the Conference resolutions. In the next Plenary Session, on November 7. another speech (included in this document) was made on the Draft Rules. Altogether, sixty -two delegates of Red Cross Societies or Governments, representing forty-seven countries, spoke on the subject of the Draft Rules; a list of their names is appended. 3. Final record of the XIXth International Conference of the Red Cross concerning the Draft Rules for the Limitation of the Dangers incurred by the Civilian Population in Time of War --------- I. - V E R BAT I M R E COR D S 5, A. - VERBATIM RECORDS OF THE MEETINGS OF THE INTERNATIONAL HUMANITARIAN LAW COMMISSION DEVOTED TO DISCUSSION OF THE DRAFT RULES FIRST MEETING 29 October 1957 (The meeting was opened at 11. 10 am by the Chairman of the Commission, Mr. John A. MacAulay, Q. C., Vice -President of the Canadian Red Cross) Mr. J.A. MACAULAY (Chairman)­ Ladies and Gentlemen: I thank you for your confidence in appointing me Chairman of this Commission. I shall endeavour to pre­ side at the sessions of this Commission to the best, of my ability_ There has been appointed by the Plenary session the follow­ ing persons as Vice -Presidents ofthis Commission: Prof. Georgi Miterev (URSS) Mme Li Teh Chuan (Peoples I Republic of China) Prince Frederic de Merode (Belgium) Judge U. Aung Khine (Burma) Dr. D. A. Inostrosa (Chile) I would request them to take their place on the dais. (The Vice -Presidents took their place on the dais) I would like to recommend that Mr. Beer of :-:weden act as Rapporteur of this Commission. Has that your approval? (Delegates: Yes) Mr. President: I would ask Mr. Beer to take his place. (Mr. Beer took his seat on the dais) The Session has also recommended that there be two Se­ cretaries' one from the International ~ed Cross Committee and one from the League. 6. Their names are Mr. \Nilhelm of the ICRC and Mr. Schussele of the League. Will they kindly take their seats ? (The two Secretaries took their seats on the dais) Ladies and Gentlemen of the Red Cross, we are now meeting at the International Humanitarian Law Commission. Before we begin discussion on the second item on the agenda, which is the proposal of the international rules for the limitation of the dangers incurred by the civilian population in time of war, I wish to make a few observations, as they will have application to this item on the agenda and to other ttems on the agenda of this Commission. The ICRC has placed before us some draft rules for the limitation of the dangers incurred by the civilian population in time of war. We are interested in these rules from the humanitarian standpoint only and our dis cussion will be restricted to that phase of the rules. Discussion of a political nature is not permitted. Section 5 Article 3 of the Statutes of the Inter­ national Red Cross provides: "It may not deal with political matters" nor serve as a forum for polit!cal debate". I know that all delegates in making representations will ob­ serve carefully the provision of the Statutes and the discussions will be carried on on a proper and dignfied basis. I will have to rule out of order any discussion of a political character. Clearly an attack or accusation by one delegate against another delegate or the country of another delegate is purely political.
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