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International Review of the Red Cross, March 1972, Twelfth Year

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International Review of the Red Cross, March 1972, Twelfth Year , I!AY1~M MARCH 1972 TWELFTH YEAR - No.132 PROPERTY OF U.S. ARMY THE JUDGE ADVOCATE GENERAL'S SCHOOL LIBRARY international review• of the red cross . INTER ARMA CAAITAS GENEVA INTERNATIONAL COMMITIEE OF THE RED CROSS FOUNDED IN 1863 INTERNATIONAL COMMITTEE OF THE RED CROSS MARCEL A. NAVILLE, President (member since 1967) JEAN PICTET, Doctor of Laws, Chairman of the Legal Commission, Vice-President (1967) HARALD HUBER, Doctor of Laws, Federal Court judge, Vice-President (1969) PAUL RUEGGER, Ambassador, President of the ICRC from 1948 to 1955 (1948) GUILLAUME BORDIER, Certificated Engineer E.P.F., M.B.A. Harvard, Banker (1955) HANS BACHMANN, Doctor of Laws, Winterthur Stadtrat (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) MARJORIE DUVILLARD, Nurse (1961) MAX PETITPIERRE, Doctor of Laws, former President of the Swiss Confederation (1961) ADOLPHE GRAEDEL, member of the Swiss National Council from 1951 to 1963, former Secretary-General of the International Metal Workers Federation (1965) DENISE BINDSCHEDLER-ROBERT, Doctor of Laws, Professor at the Graduate Institute of International Studies (1967) JACQUES F. DE ROUGEMONT, Doctor of Medicine (1967) ROGER GALLOPIN, Doctor of Laws, former Director-General (1967) WALDEMAR JUCKER, Doctor of Laws, Secretary, Union syndicale suisse (1967) VICTOR H. UMBRICHT, Doctor of Laws, Managing Director (1970) PIERRE MICHELI (1971) Homwa,y members: Mr. JACQUES CHENEVIERE, Honorary Vice-President; Miss LUCIE ODIER, Honora,y Vice-President; Messrs. CARL j. BURCKHARDT, PAUL CARRY, Mrs. MARGUERITE GAUTIER-VAN BERCHEM, Messrs. SAMUEL A. GONARD, EDOUARD de HALLER, PAUL LOGOZ, RODOLFO OLGIATI, FREDERIC SIORDET, ALFREDO VANNOTTI, ADOLF VISCHER. Directorate: Mr. JEAN-LOUIS LE FORT, Secretary-General. Mr. RAYMOND COURVOISIER, Special Assistant to the President and Director of Operations Mr. CLAUDE PILLOUD, Director, Department of Principles and Law. INTERNATIONAL REVIEW OF THE RED CROSS MARCH 1972 • No. 132 CONTENTS Michel Veutney: Military Instructions on the Trell~ment of Prisoners in Guerrilla Warfare 125 INTERNATIONAL For the Benefit of the Indo-Pakistan Conflict COMMITTEE OF Victims 138 THE RED CROSS External Activities: Near East - Khmer Republic - Laos - Republic of Vietnam - Bolivia 146 In Geneva: For the victims of pseudo-medical experiments 150 * Development of Internationa! Humanitarian Law - Conference of Red Cross Experts . 151 Radio Bmadcasting in the Service of tile Red Cross 158 "TI,e Red Crescent and My Country" in the Arab Cou ntries 160 IN THE RED CROSS World Red Cross Day 1972 . 162 WORLD France . 164 MISCELLANEOUS The Problem of Peace . 166 BOOKS AND REVIEWS I . 175 FRENCH EDITION The French edition of this Review is issued every OF THE REVIEW month under the title of Revue internationale de la Croix-Rouge. It is, in principle, identical with the English edition and may be obtained under the same conditions. SUPPLEMENTS TO THE REVIEW SPANISH Enseiianza del derecho internacional humanitario ­ Dia Mundial de la Cruz Roja 1972 - Primera reunion tecnica de los Servicios de informacion de las Sociedades de la Cruz Roja de America Latina ­ Panama. GERMAN H. Beer: Die Solidaritiit des Roten Kreuzes (II) ­ Bibliographie. INTERNATIONAL Tl7e International Review is published each month by REVIEW OF the International Committee of the Red Cross THE RED CROSS 7, avenue de la Paix, 1211 Geneva I, Switzerland Postal Cheque No. 121767 Annual subscription: Sw. fro 30.- ($8) Single copies Sw. fro 3.- ($0.80) Editor: J.-G. LOSSIER The International Committee of the Red Cross assumes responsibility only for material over its own signature. MILITARY INSTRUCTIONS ON THE TREATMENT OF PRISONERS IN GUERRILLA WARFARE by Michel Veuthey At the International Colloquium held by the International Insti­ tute of Humanitarian Law, at Sanremo last September 1, a paper was submitted on military instructions concerning the treatment ofprisoners in situations arising from guerrilla warfare. In view of the importance of the subject and of the interesting references made to history, we are publishing the introduction and conclusion of this study, which will later appear in the official records of the International Institute of Humanitarian Law, as well as some of the historical examples given by the author. (Ed.) I. Introductory remarks The considerations which follow do not claim to be exhaustive, and we hope the reader will forgive us if some of the points raised in this brief outline have been superseded by more recent developments. It is not the purpose of this paper to encompass a wide subject such as this, but, by means of a few recent or earlier examples, to try to pinpoint a certain trend in military instructions on the treatment of prisoners in situations arising from guerrilla warfare. In addition to regular army manuals or instructions, we felt it might be worth while to quote from similar texts issued by guerrilla forces. We should 1 See International Review, November 1971. 125 MILITARY INSTRUCTIONS ON THE TREATMENT OF PRISONERS like to add that the views expressed here are purely personal and in no way imply that a definitive position has been adopted on the actual application of the texts mentioned. Owing to the fact that they are more flexible than the interna­ tional conventions, that they are often unofficial 2, and that a party issuing them is not committed beyond the international obligations it may have contracted, military instructions-which are so close to the realities of war-are often a field for legal experimentation that serves as a basis for future codification. The example of Lieber's " Instructions" (" Instructions for the Government of Armies of the United States in the Field ", General Orders, No. 100, April 24, 1863) and their effect on the codification of the law of war at the end of the nineteenth century is so well known that there is no need to dwell on it. ll. Examples from history 1. Spanish War (1807-1814) While guerilla warfare is an extremely ancient form of struggle, since it was formulated long ago by the Chinese strategist Sun-Tsu, it took its modern name from the Spanish people's resistance to French occupation forces. 3 It therefore seems appropriate to start this brief survey with a reference to that war which, at the beginning of the era of conscript armies, showed the trend towards popular resistance. Needless to say, this war was fought relentlessly on both sides, and the tendency at first was simply to execute all prisoners, often under atrocious conditions. The relations between the regular troops and the guerrillas affected relations between the regular troops. After the battle of Baylen, 20,000 French soldiers due to be repatriated under the treaty of capitulation were held prisoner on prison-ships. In reply to the French general who protested against that decision, the Spaniards said: " Your Excellency, you say that you are merely obeying orders, but he who serves a bandit chieftain is no less responsible for the crimes he commits under those orders ". 2 cf. British Manual, Part 1,1956, p. 1, and U.S. Field Manual, 1956, p. 3. 3 Obviously there is no lack of synonyms for the term guerrilla: people's war, war of resistance, revolutionary war, insurrectionary war, subversive war, etc. 126 MILITARY INSTRUCTIONS ON THE TREATMENT Of PRISONERS The Spanish officers had immense difficulty in protecting the prisoners from the population who were thirsting for revenge, and General Castaiios had to lay down that "anyone insulting a Frenchman shall be tried by court martial ". At first the French treated all groups as irregular combatants. Many of them were shot, until reprisals by guerrilla fighters resulted in their semi-recognition as belligerents. 2. Tyrol In the Tyrol uprising of 1809, Andreas Hofer, "leader of the rebellion ", was arrested and shot. The Duke of Danzig issued the following proclamation on 15 May 1809: "Der grossmtitige Konig von Bayern hatte durch sein gutes Herz den kaiserlichfranzosischen und koniglichbayerischen Generalen befohlen, sie sollten die Untertanen von Tirol verschonen, nur durch Gutmtitigkeit an ihre Pflicht erinnern. Weil aber alle ihre Mtihe verloren ist, so hat der grosse Kaiser von Frankreich, der Beschtitzer der Religion, heute, den 15. Mai ordiniert, dass alle Tiroler, die mit Waffen versehen, gefangen, erschossen und aufgehangt werden, und wo in dem Bann oder in einem Dorf, Kreis oder Landgericht ein Soldat totgefunden wird, solI das ganze Tal oder Bann oder das ganze Gericht in 24 Stunden verbrannt und die Vornehmsten davon, wenn sie auch ohne Waffen getroffen werden, an den nachsten Baum aufgehangt werden. " '" 3. War of Secession (1861-1865) On 3 July 1862, General Grant, then commanding the army in Tennessee, issued the following order: • Our translation: "Out of the goodness of his heart, the magnanimous King of Bavaria ordered the imperial French and royal Bavarian generals to spare his subjects in Tyrol and to remind them of their duty only with kindness. But as all their efforts were in vain, the great Emperor of France, Defender of the Faith, has this day, 15 May, ordered that any Tyrolese carrying arms shall be arrested, shot and hanged; that where a soldier is found dead in the Bann or in a village, Kreis or Landgericht, the entire valley or Bann or the entire Gericht shall be burned within twenty-four hours, and that the noblest of them,
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