MAY-JUNE 1996 THIRTY·SIXTH YEAR No. 312 Pfl{)PERTY OF U.S. ARMY RAl'S SCHOOL n£JUDGE ADVOCATE GENE LEMAY INTERNATIONAL • OF THE RED CROSS +c Published every two months by the International Committee of the Red Cross for the International Red Cross and Red Crescent Movement INTERNATIONAL COMMITTEE OF THE RED CROSS Mr. CORNELIO SOMMARUGA, Doctor of Laws of the University of Zurich, Doctor h.c. of Fribourg University (Switzerland), Minho University, Braga (Portugal), Bologna University (Italy), Nice-Sophia Antipolis University (France), and Seoul National University (Republic of Korea), Presidellt (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 (1994) Mr. ULRICH GAUDENZ MIDDENDORP, Doctor of Medicine, lecturer at the Faculty of Medicine of Zuric\! University, former head of the surgical department of the Cantonal Hospital, Winterthur (1973) Mrs. RENEE GUISAN, General Secretary of the international Jnstitut 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 fiscal law and economic climinal law at the Universities of SI. Gallen, Zurich and Milan.(Bocconi), former Public Prosecutor at Lugano Mrs. LISELOTTE 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 MOREILLON, Bachelor of Laws, Doctor of Political Science, Secretary General of the World Organization of the Scout Movement, former Director General at the ICRC (1988) Mr. MAX DAETWYLER, graduate in Economics and Social Sciences of the University of Geneva, Scholar in Residence of the International Management Institute (lMI) of Geneva (1989) Mr. RODOLPHE DE HALLER, M. D., lecturer at the Faculty of Medicine of the. University 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-FRAN<;OIS AUBERT, LL. D., Professor at the University of Neuchiltel, former member of the Swiss National Council and Council of States (1993) Mr. JOSEF FELDMANN, Ph.D., tenured professor at the University of SI. 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, President Mr. ERIC ROETHLISBERGER, permanent Mr. JEAN DE COURTEN, Director of Vice-President Operations Mr. JACQUES FORSTER, member ofthe JCRC Mr. PETER FUCHS, Director General Mrs. ANNE PETITPIERRE, member ofthe JCRC Mr. YVES SANDOZ, Directorfor Principles, Law and Relations with the Movement The International Committee ofthe Red Cross (ICRC) and the International Federation ofRed Cross and Red Crescent Societies, together with the National Red Cross and Red Crescent Societies, form the International Red Cross and Red Crescent Movement. The ICRC, which gave rise to the Movement, is an independent humanitarian institution. As a neutral intermediary in the event of armed conflict or unrest it endeavours, on its own initiative or on the basis of the Geneva Conventions, to bring protection and assistance to the victims of international and non-inter­ national armed conflict and internal disturbances and tension. INTERNATIONAL REVIEW OF THE RED CROSS MAY-JUNE 1996 CONTENTS No. 312 A note from the Editor 271 New Protocol on Blinding Laser Weapons by Louise Doswald-Beck 272 Fyodor Fyodorovich Martens (1845-1909) ­ a humanist of modern times by Vladimir Pustogarov 300 The Esperantist Movement's humanitarian activities in the two World Wars and its relationship with the International Red Cross by Jose Marfa Rodrfguez Hernandez 315 INTERNATIONAL COMMITTEE OF THE RED CROSS Three ICRC delegates killed in Burundi 323 Faced with today's and tomorrow's challenges, should the International Red Cross and Red Crescent Movement rethink its code of ethics? by Eric Roethlisberger 326 The regional delegations of the International Committee of the Red Cross by Jean-Luc Blondel 331 The ICRC's Advisory Service on International Humanitarian Law: the challenge of national implementation by Paul Berman 338 National workshop on the implementation of international humanitarian law in Namibia (MidgardResort, 21-23 February 1996) 348 Now back in Liberia, ICRC calls for fundamental reappraisal JCRC Press Release of 22 April J996.............................................. 351 269 Liberia: humanitarian logistics in question by Jean-Daniel Tauxe 352 JCRC appeals for respect for civilian population in Lebanon and northern Israel JCRC Press Release of J6 April 1996 355 IN THE RED CROSS AND RED CRESCENT WORW A look at the Red Cross of Viet Nam by Dr Nguyen Van Noi 357 Mali: women and war 360 REPORTS AND DOCUMENTS Third Session of the Review Conference of States Parties to the 1980 United Nations Convention on Certain Conventional Weapons (CCW) - Geneva, 22 April-3 May 1996 by Peter Herby 361 Protocol on Prohibitions or Restrictions on the Use of Mines, Booby­ Traps and Other Devices as Amended on 3 May 1996 (Proto­ col II as amended on 3 May 1996) 369 Bosnia and Herzegovina: tracing missing persons by Christophe Girod 387 Accession to the Protocols by the Commonwealth of Dominica 392 Colombia: Declaration in accordance with Article 90 of Protocol I 392 BOOKS AND REVIEWS Claude Emanuelli, Les actions militaires de l'ONU et le droit interna­ tional humanitaire by Georges P. Politakis 393 A.P.V. Rogers, Laws on the Battlefied by Bruno Doppler 397 Rony Brauman, Le dilemme humanitaire. Entretien avec Philippe Petit by Jean-Franrois Berger 399 Recent publications 402 MISCELLANEOUS The Paul Reuter Prize 406 IHL CD-ROM 408 270 A note from the Editor Last year, international humanitarian law experts gave special thought to Fyodor Fyodorovich Martens (1845-J909) on the J50th an­ niversary of his birth. The Review is pleased to include in this issue an article about that renowned authority on international law. Jt is written by Professor Vladimir Pustogarov, a well-known Russian scholar whose works include a biography ofMartens (as yet available only in Russian). The Review also hopes that publication ofhis article will pave the way for a further extension of its relations with the Russian-speaking world. The Review Conference ofthe J980 United Nations Weapons Conven­ tion, which ended on 3 May last. produced two specific results. Louise Doswald-Beck reports on the development and scope of the new Protocol N prohibiting the use ofblinding laser weapons in war, a very commendable achievement. The other, less commendable, result of the Review Conference is dealt with by Peter Herby in his report on the revision of Protocol II on mines, and the failure of the representatives of the States party to the Convention to agree on a satisfactory text. As a result oftheir failure, the law still provides civilians in particular with no effective protection against the scourge of those cruel devices. In his article, Paul Berman describes the organization and work of the JCRC's new Advisory Service on international humanitarian law, set up to help implement the recommendations of the J993 Conference for tlu Protection of War Victims and thereby promote greater compliance with the Geneva Conventions in all armed conflicts. Finally, it is the Review's sad duty to report the killing ofthree JCRC delegates on 4 June last in Burundi, when an JCRC convoy came under fire. Three young men who sought to bring some small measure of hu­ manity to that tormented country paidfor their dedication with their lives. The JCRC has had to suspend its work in Burundi, as the red cross emblem obviously no longer provides the guarantee ofprotection essential for its delegates' activities. A lamentable fact in a lamentable situation. The Review 271 New Prot<;>col on Blinding Laser Weapons by Louise Doswald-Beck Introduction On 13 October 1995, the first Review Conference of the 1980 Con­ vention on Certain Conventional Weaponsl (CCW) adopted during its first session in Vienna2 a new fourth Protocol entitled "Protocol on Blinding Laser Weapons".3 The 1980 Convention comprises a framework Conven­ tion (containing technical provisions such as applicability, entry into force and amendment) and annexed Protocols containing the substantive rules relating to certain weapons.4 Although many weapons had been discussed during the preparatory stages of this Convention,