International Review of the Red Cross
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18 llAR 1968 JANUARY EIGHTH YEAR - No. 82 International Review of the Red Cross + Inter ormo corilos PROPERTY OF U. S AMY .~ THE JI " ,.. I ~ ., ERAL'S SCHOOl: O~r\ - 'y 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, Presidetd (member since 1961) JACQUES CHENEVIERE, Hon. Doctor of Literature, Honorary Vice-Presiden' (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 nORDIER, 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 BACHlIfANN, 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 Sccours" 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-Presiden.t; Messrs FRE DERIC BARBEY, CARL J. BURCKHARDT and PAUL CARRY, Miss SUZANNE FERRI1mE, Messrs. EDOUARD de HALLER, PAUL LOGOZ, ALFREDO VAN NOTTI, ADOLF VISCHER. ,Directorate: ROGER GALLOPIN, Director-General JEAN PICTET, Director-General CLAUDE PILLOUD, Director INTERNATIONAL REVIEW OF THE RED CROS~ EIGHTH YEAR - No. 82 JANUARY 1968 CONTENTS Page Protection of civilian populations against the dangers of indiscriminate warfare (F. Siordet) . .. 3 W. J. FORD: Resistance movements and International Law (IV) End . .. 7 * INTERNATIONAL COMMITTEE OF THE RED CROSS EXTERNAL ACTIVITIES Rwanda - Nigeria - Vietnam - Near East - Yemen - Korea 16 * IN GENEVA Vice-Presidency of the ICRC - Presidential Council. 21 New Members of the ICRC 22 New Year Message . 24 * Relief for Nigeria . 26 * IN THE - RED CROSS WORLD The Henry Dunant Institute . .. 27 The shape of the emblem . .. 28 Vietnam 32 What role can the Algerian Red Crescent play in antituber culosis campaign? (Dr D. Larbaoui) . .. 33 * MISCELLANEOUS A man of science speaks to the Board of Governors 37 Refugees in the Middle East . 38 Medicine in the Modern World 39 * 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 La acci6n del Comite Intemacional de la Cruz Roja en el Congo y en Ruanda - La Vicepresidencia del CICR - Consejo de la Presi dencia - Mensaje de Ano Nuevo - Una nueva pelicula del CICR «Oriente M edio 1967 D. GERMAN Die Aktion des Intemationalen Komitees vom Roten Krenz im Kongo undin Ruanda - Vizeprasidentschaft des IKRK - Prasident schaftsrat - Neujahrsbotschaft - Ein neuer Fihn des IKRK «Naber Osten 1967»: THE INTERNATIONAL REVIEW OF THE RED CROSS is published each month by the International Committee of the Red Cross 7, avenue de la Paix, 1211 Geneva I, Switzerland Postal Cheque No. 12.1767 Annual subscription: Sw. fr. 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. Protection of civilian populations against the dangers of indiscriminate warfare Mr. Frederic Siordet. Vice-President of the JCRC. submitted the following report to the Council of Delegates at The Hague in September 1967: Resolution XXVIII is no doubt one of the most important of those adopted by the XXth International Conference of the Red Cross. It deals with the protection of civilian populations against the dangers of indiscriminate warfare. Recognizing that indiscriminate warfare constitutes a danger to the civilian population and the future of civilization. the resolution " solemnly declares that all governments and other authorities responsible for action in armed conflicts should conform at least to the following principles: - that the right of the parties to a conflict to adopt means of injuring the enemy is not unlimited; - that it is prohibited to launch attacks against the civilian populations as such; - that distinction must be made at all times between persons taking part in the hostilities and members of the civilian popula tion to the effect that the latter be spared as much as possible; - that the general principles of the Law of War apply to nuclear and similar weapons. In addition. Resolution XXVIII expressly invites all governments who have not yet done so to accede to the Geneva Protocol of 1925 which prohibits the use of asphyxiating. poisonous, or other gases. all analogous liquids. materials or devices, and bacteriological methods of warfare. 3 PROTECTION OF CIVILIAN POPULATIONS By proclaiming the four principles which belligerents should always observe, Resolution XXVIII does not create a new law. It is an official and unanimous assertion by the International Red Cross, including government delegations, of the permanent validity, in spite of their antiquity and many violations, of the rules of the law of war which have never been denounced. In its operative section, the resolution sets the ICRC some rather heavy tasks. For instance, the Conference: urges the ICRC to pursue the development of International Humanitarian Law in accordance with Resolution No. XIII of the XIXth International Conference of the Red Cross, with particular reference to the need for protecting the civilian population against the sufferings caused by indiscriminate warfare, requests the ICRC to take into consideration all possible means and to take all appropriate steps, including the creation of a com mittee of experts, with a view to obtaining a rapid and practical solution of this problem. Present day troubles in the world make the tasks assigned to the ICRC by the XXth Conference yet more difficult. For that reason the ICRC decided to consult some twenty experts on all continents representing the different currents of thought. Fifteen of them have given the Committee valuable advice on how Resolu tion No. XXVIII of the XXth Conference could be followed up. Without going into the details of these consultations, I would mention the following points: In the first place, Resolution XXVIII is a good step in the right direction and affirms valid principles of the law of nations. This is not enough however; we must seek a formula in which States explicitly recognize these principles and would therefore be more closely bound to them. Secondly, it would seem that in present circumstances it is impossible for the majority of governments to reach an inter national agreement in this sphere. Such an agreement must however remain the eventual objective. Until such an agreement is reached every opportunity must be seized to reiterate the principles expounded in Vienna, to have them reaffirmed and extended if possible. In this connection, it has generally been thought advisable as an interim measure to have 4 PROTECTION OF CMLIAN POPULATIONS recourse to a declaration embodied in a resolution of the United Nations. These are the conclusions which have induced the ICRC to send all governments parties to the 1949 Geneva Conventions and the Fourth Hague Convention of 1907, a memorandum dated May 19, 1967. All National Societies received a copy thereof in circular No. 468 of May 24 last. It was also published in the International Review ofthe Red Cross.1 We shall merely quote two paragraphs: In order for these principles to be fully operative, the Inter national Committee urgently requests Governments to sanction them and, if need be, to develop them in an adequate instrument of inter national law. The International Committee is prepared to assist in drawing up such an instrument. In addition, without awaiting the entry into force of this instru ment and the possible achievement of an agreement between the Powers concerned for the formal prohibition of weapons of mass destruction, the International Committee invites the Governments to reaffirm, as of