50 Years of Geneva Conventions

(Keynote address given at the function to celebrate the 50th anniversary of the Geneva Conventions at Karachi on Wednesday, September 15, 1999)

PATRON Lt Gen (Retd) SARDAR FS LODI reproduces his keynote address on GENEVA CONVENTIONS with thanks

The purpose of International Humanitarian Law is to limit human suffering in times of armed conflict and to prevent atrocities. There are four Geneva Conventions of 1949. The first provides protection to the wounded and sick members of the armed forces on land. The second provides protection to the wounded, sick and shipwrecked members of the armed forces at sea. The third provides protection to the prisoners of war and the fourth to civilians. There are two Additional Protocols of 1977 which supplement the Conventions.

It is worth reminding ourselves today that all those countries who are a party to the Conventions have pledged to respect all civilians and soldiers who can no longer fight without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. These countries have further pledged to prohibit torture, inhuman or degrading treatment, the taking of hostages, mass extermination, summary executions, deportations, pillage and wanton destruction of private property. Finally all these countries have authorized delegates from the International Committee of the Red Cross (ICRC) to visit prisoners of war and civilian internees, and to speak with them in private. The ICRC is the organisation which has the task of implementing the terms of the Geneva Conventions signed on August 12, 1949.

History of the Red Cross goes back to 1859, when Henry Dunant a young Swiss banker witnessed the horrors of the suffering of thousands of wounded soldiers left unattended after the battle of Solferino fought in Italy between Austria and France on 24th June.

It was entirely his personal effort and humanitarian appeal which started the Red Cross movement, which today comprises 137 National Societies with about 250 million members, as well as the two international bodies - the ICRC and the League of Red Cross and Red Crescent Societies. For this supreme humanitarian achievement of the nineteenth century, Henry Dunant was awarded the first Nobel Peace Prize in 1901, which he shared jointly with the Frenchman Frederic Passy.

The first Geneva Convention was signed by delegates from 16 European countries in Geneva in 1864 one year after the Red Cross was formed which established the principle that sick and wounded combatants in war should be respected and cared for irrespective of their nationality. That the personnel caring for them, as well as buildings, equipment and transport used for their care, should be protected and that a distinctive emblem, the Red Cross (to which the Red Crescent for Muslim countries was added later) should be the symbol of their immunity.

The second Geneva Convention was attended by representatives from 35 countries at Geneva in 1906. It improved and supplemented the provisions of the 1864 Convention. The third Geneva Convention of 1929 signed by 46 nations, improved on the earlier Conventions due to the experience gained during the first World War. After the experience of the second World War, the most destructive in history, the four Geneva Conventions of 12 August 1949 were approved. These have been signed by 188 countries.

The International Movement of the Red Cross and Red Crescent is celebrating the 50th Anniversary of the Geneva Conventions. A world-wide campaign named 'People on War' has been launched by the ICRC in 56 countries, including Pakistan. The aim is to reaffirm the vital importance of the Geneva Conventions as they are the most important international instruments to defend human dignity during international conflicts and civil wars. Through their implementation, countless number of lives, both military and civilian have been and continue to be saved the world over, everyday.

The ICRC feels that the 50th anniversary of the Geneva Conventions on the eve of the 21st Century is a historic opportunity for the world to reflect on what has been achieved in the last 50 years since the Conventions were adopted, to take stock of the present and to consider the future development of international humanitarian law. Although millions of people have received protection under the Geneva Conventions yet war and human suffering continue which is increasingly involving civilians.

For the first time the United Nations has laid out rules regarding the conduct of UN peacekeepers, stating that they must abide by International Humanitarian Law as warriors do and face prosecution if they violate it. UN Secretary-General Kofi Annan issued an executive order on August 10, to coincide with the commemoration of the 50th anniversary of the Geneva Conventions. The order takes effect from August 12, the day Geneva Conventions were signed 50 years ago. 'Its very important to reaffirm on the 50th anniversary of the Geneva Conventions that the UN itself and UN soldiers are subject to the same rules as everyone else'.

Thirty years ago, the great civil rights leader Martin Luther King had said that our scientific power has outrun our spiritual power, 'we live in an age of guided missiles and misguided men'. That remark, said the president of the ICRC Mr Cornelio Sommaruga, tragically, remains true today. Indeed throughout history it seems that humanity's power to inflict suffering has outrun its power to prevent cruelty, to alleviate suffering and to punish wrongdoing.

And yet the achievements of civilization, he said, like technology and the rule of law, have also been used to defend and to promote the principle of humanity. From the surgeon on the battlefield to the judge in the courtroom, men and women of courage and learning are using their skills in the service of mankind.

Mr. Yves Sandoz, head of the legal department of the ICRC at Geneva said recently. 'The basic principle is a certain compassion. We have to fight against indifference and achieve respect for the dignity of everyone, without discrimination, and a more active element of solidarity.'

The promotion of International Humanitarian Law has always been a key objective of the ICRC. Henry Dunant's original vision, the basis of the Red Cross and Red Crescent Movement, was founded on two pillars - humanitarian action on the battlefield and the development of international rules to alleviate the sufferings of war. For over 130 years the ICRC has been developing humanitarian law, to expand the protection accorded to those not taking part in the fighting and to limit the means and methods of warfare. But to develop the law is not enough, it must be respected and implemented. This is the greatest challenge to humanitarian law today.

Under common Article 1 of the Geneva Conventions, States must, not only respect, but 'ensure respect', for the law. Humanitarian law goes further, to make clear that the individual and not just the state was responsible for his or her own actions. Serious violations of humanitarian law are crimes and those responsible must be tried and punished. For this purpose changes of historical importance are taking place. The first two international criminal tribunals in 50 years have been set up in The Hague and Arusha. A Diplomatic Conference in Rome last year adopted a Statute for the setting up of a permanent International Criminal Court.

The struggle against immunity from punishment, including the immunity of heads of state, has also taken a step forward with the arrest in London of Chile's former dictator Augusto Pinochet on an extradition request from Spain, and the indictment by the International War Crimes Tribunal at Hague of Yugoslav President Slobodan Milosevic on charges of war crimes and crimes against humanity.

Over and above the international effort, States have a clear obligation to punish war criminals in their national courts. Today, prompted by the renewed determination of the international community, a limited number of prosecutions in national courts has started. This is a good beginning. At the request of the international community the ICRC has established an Advisory Service to assist and advise on a wide range of measures relating to the national implementation of humanitarian law.

On the 50th anniversary of the Geneva Conventions it should be our collective endeavour to ensure that the International Humanitarian Law is adequately disseminated and the people made aware of it. To create a more human world by upholding Humanitarian Law and implementing it in letter and spirit. By bringing to trial the war criminals who have violated the law and bringing justice where it has been denied.

In the end I would like to close my remarks with the words of Martin Luther King when he said, 'Injustice anywhere is a threat to justice everywhere'.