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International Review of the Red Cross, July-August 1995, Thirty-Fifth Year

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International Review of the Red Cross, July-August 1995, Thirty-Fifth Year JULY-AUGUST 1995 THIRTY-FIFTH YEAR OF THE RED CROSS :TION ~rian rules nlion .. lhe crisis: I retrospect .circles ilion 'FERENCE :D CRESCENT jellda na... lumanitarian Be +c lied Cross Published every two months by the International Commiuee or the Red Cross ror the International Red Cross and Red Crescent Movement .....~ +1 INTERNATIONAL COMMITTEE OF THE RED CROSS Mr. CORNELIO SOMMARUGA, Doctor of Laws of the University of Zurich, Doctor h.c. reI'. pol. of Fribourg University (Switzerland), Doctor h.c. in International Relations of Minho University, Braga (Portugal), Doctor h.c. of Medicine of Bologna University (Italy), Doctor h.c. of Nice­ Sophia Antipolis University, Doctor h.c. of Seoul National University (Republic of Korea), President (member since 1986) . Mr. PIERRE KELLER, Doctor of Philosophy in International Relations (Yale), banker, Vice­ President (1984) Mr. ERIC ROETHLISBERGER, Doctorate of Political Science from the Graduate Institute of International Studies in Geneva, Vice-President (1995) Mr. ULRICH GAUDENZ MIDDENDORP, Doctor of Medicine, lecturer at the Faculty of Medicine of ZuriclJ University, former head of the surgical department of the Cantonal Hospilal, Winterthur (1973) Mrs. RENEE GUISAN, General Secretary of the international JnstilUl de la Vie, head of medico-social institutions in the Canton of Vaud, member of the International Association for Volunteer Effort (1986) Mrs. ANNE PETITPIERRE, Doctor of Laws, Barrister, Professor at the Law Faculty of the University of Geneva (1987) Mr. PAOLO BERNASCONI, Barrister, LL. L., lecturer in economic criminal law at the Universities of St. Gallen and Zurich, former Public Prosecutor at Lugano, member of the Swiss Pro ]uventute Foundation (1987) Mrs. LlSELOTTE KRAUS-GURNY, Doctor of Laws of the University of Zurich (1988) Mrs. SUSY BRUSCHWEILER, nurse, former Director of the Swiss Red Cross College of Nursing in Aarau, Chairwoman, SV-Service, Contract Catering (1988) Mr. JACQUES FORSTER, Doctor of Economics, Professor at the Graduate Institute of Development Studies in Geneva (1988) Mr. JACQUES MORElLLON, Bachelor of Laws, Doctor of Political Science, Secretary General of the World Organization of the Scout Movement, former Director General at the (CRC (1988) Mr. MAX DAETWYLER, graduate in Economics and Social Sciences of the University of Geneva, Scholar in Residence of the International Management Institute (IMI) of Geneva (1989) Mr. RODOLPHE DE HALLER, M. D., lecturer at the Faculty of Medicine of the Univer­ sity of Geneva, President of the Swiss Association Against Tuberculosis and Lung Diseases (1991) Mr. DANIEL THURER, LL. D., LL. M. (Cambridge), Professor at the University of Zurich (1991) Mrs. FRANCESCA POMETTA, Bachelor of Arts, former Swiss Ambassador (1991) Mr. JEAN-FRANl;OIS AUBERT, LL. D., Professor at the University of Neuchiitel, former member of the Swiss National Council and Council of States (1993) Mr. JOSEF FELDMANN, PhD., tenured professor at the University of St. Gallen, Corps Commander (Rtd.) of the Swiss army (1993) Mrs. LILIAN UCHTENHAGEN, Doctor of Economics of the University of Basel, former member of the Swiss National Council (1993) Mr. GEORGES-ANDRE CUENDET, Bachelor of Laws of the University of Geneva, graduate of the Institute of Political Studies of the University of Paris, M.A. from Stanford University (USA), member of the Administrative Council of Cologny, Geneva (1993) Mr. ERNST A. BRUGGER, Doctor in economic geography, general manager of FUNDES, private foundation for sustainable development, consultant for economic development issues, professor at Zurich University (1995) EXECUTIVE BOARD Mr. CORNELIO SOMMARUGA, PresideJlt Mr. ERIC ROETHLISBERGER, permanent Vice-President Mr. JACQUES FORSTER, member ofthe JCRC Mrs. ANNE PETITPIERRE, member ofthe JCRC Mr. JEAN DE COURTEN, Director ofOperations Mr. PETER FUCHS, Director General Mr. YVES SANDOZ, Directorfor Principles, Law and Relalions wic" the Movement INTERNATIONAL REVIEW OF THE RED CROSS JULY-AUGUST 1995 CONTENTS 1\10.307 REVIEW CONFERENCE OF THE 1980 UNITED NATIONS CONVENTIONS ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS (Vienna, 25 September - 13 October 1995) The issues - The JCRC's position..................................................... 363 Nikolay KhIestov: Review Conference of the 1980 Weapons Convention 368 Jody Williams: Landmines and measures to eliminate them 375 Anita Parlow: Toward a global ban on 1andmines 391 Eric Prokosch: The Swiss draft Protocol on Small-Calibre Weapon System - Bringing the dumdum ban (1899) up to date 411 CONTRIBUTIONS TO HISTORY The International Committee of the Red Cross and the protection of war victims 426 Frant;ois Bugnion: The composition of the International Committee of the Red Cross 427 Jacques Meurant: The 125th anniversary of the International Review of the Red Cross - A faithful record - III. The International Red Cross and Red Crescent Movement: Solidarity and unity............... 447 361 MISCELLANEOUS Jovica Patrnogic: The International Institute of Humanitarian Law­ 25 years of humanitarian dialogue 469 Declaration by Romania 476 BOOKS AND REVIEWS The International Committee of the Red Cross and the protection of war victims (Fran~ois Bugnion) 477 The Saint in White (Dina Vlachou}....................................................... 481 Addresses of National Red Cross and Red Crescent Societies ....... 484 362 REVIEW CONFERENCE OF THE 1980 UNITED NATIONS CONVENTION ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS (Vienna, 25 September-13 October 1995) THE ISSUES THE IeRC'S POSITION The Review Conference of the 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May be Deemed to be Excessively Injurious or to Have Indiscrimi­ nate Effects will be held in Vienna from 25 September to 13 October 1995. This Conference offers a unique opportunity for a thorough analysis of the problems caused by the use ofcertain weapons, with landmines heading the list. It should also specify measures to be taken to prevent the manu­ facture and use of new weapons from creating serious problems in future. Finally, the Conference will examine the means necessary to prevent the excessive damage resulting from present-day armed conflicts, most of which are internal. 1. The issues To lay the groundwork for this Conference, a Group of Governmental Experts set up by the United Nations Secretary-General has met four times in Geneva between February 1994 and January 1995. The participants gave special attention to the Convention's Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices, and 363 IN1ERNATIONAL REvIEW OF THE RED CROSS a large majority stressed the need to amend Protocol II by incorporating mechanisms for its implementation and especially by extending it to cover internal conflicts. Other subjects considered by the Group of Experts were self­ destructing and self-neutralizing mines, mine detection and the production and export of prohibited weapons. At its last meeting the Group of Experts agreed to submit the following proposals to the Review Conference: 1. all anti-personnel mines must be detectable; 2. remotely delivered mines must contain a self-destruct mechanism; and 3. all hand or vehicle-emplaced anti-personnel mines used outside of marked, guarded and fenced minefields should have a self-destruct mechanism. There is still considerable disagreement, however, over the export of landmines and measures for implementation of the Protocol. The experts also examined the issue of new weapons. They agreed to submit for consideration by the Review Conference the text of a new Protocol which would prohibit the use of laser weapons to blind persons as a method of warfare. The text is based on previous proposals by Sweden and the ICRC and reflects the opinions expressed during consultations of a wide range of States favourable to a ban on laser blinding. Growing support for the prohibition of blinding laser weapons has now come from 26 major European, Asian, Latin American and Pacific countries. The United Nations held an International Meeting on Mine Clearance in Geneva from 5 to 7 July 1995, during which the United Nations Secretary-General, addressing representatives of 97 countries, called for a ban on the production, stockpiling and use of landmines, and ICRC President Cornelio Sommaruga reiterated his appeal to the forthcoming Conference in Vienna, to outlaw anti-personnel mines. 2. The ICRC's role The 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons is indisputably part of international hu­ manitarian law and the specific prohibitions and restrictions it contains are in fact an implementation of principles and rules laid down by 1977 Protocol I additional to the 1949 Geneva Conventions. When the 1980 Convention was introduced, the ICRC, for which the question of weapons 364 REVIEW CONFERENCE OF TIlE 1980 CONVENTION of mass destruction had always been of considerable concern, "realized it could best render service to the international community in this domain by bringing together experts from all specialized fields to examine every feature of weapons whose use could be prohibited or restricted".! Indeed, the ICRC has been required to act as a catalyst in this area with growing frequency. In 1993, for instance, it hosted a Symposium on anti-personnel mines (Montreux, Switzerland, April 1993) whose objec­ tives were to gain as accurate
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