¹ In 1923, the XIth International Conference of the Red Cross eliminated from an ICRC draft all provisions concerning the protection of civilian populations, retaining only those relating to prisoners of war, which were subsequently to constitute the basis of the Geneva Convention of 1929 on that subject. Eleven years later in Tokyo, the XIVth International Conference approved an ICRC draft for a convention which would protect civilians. ICRC efforts to have this adopted by the States were interrupted by the Second World War.

² Although the Red Cross was concerned in practical terms with this question very early in its career—as illustrated by its intervention in the third Carlist war in Spain, 1872–1876, and in Bosnia-Herzegovina in 1875–it was not until the IXth International Conference in Washington in 1912 that the question was taken up of an international convention on the subject. This proposal, put forward by Mr. Clark, a delegate of the American National Society, was not followed up. In 1921 the Xth Conference adopted a resolution (Resolution XIV) which recognized the right to humanitarian intervention by National Societies in the event of civil wars and social and revolutionary disturbances, and entrusted the ICRC with the task of supplementing, if necessary, the efforts of the National Society of the country concerned and organizing an international relief action. Resolution XIV of the XVIth Conference held in London in 1938 confirmed the scope of Red Cross intervention as set forth in 1921.

³ Bearing in mind, but not mentioning explicitly, the blockade of Algeria by France, the XIXth International Conference of the Red Cross held in New Delhi in 1957 availed itself of what one might call the humanitarian opening left by Article 3 common to the four Geneva Conventions by expresssing “the wish that a new provision be added to the existing Geneva Conventions of 1949, extending the provisions of Article 3 thereof so that:

a) the wounded may be cared for without discrimination and doctors in no way hindered when giving the care which they are called upon to provide in these circumstances,

b) the inviolable principle of medical professional secrecy may be respected,

c) there may be no restrictions, other than those provided by international legislation, on the sale and free circulation of medicines, it being understood that these will be used exclusively for therapeutic purposes,

furthermore, makes an urgent appeal to all Governments to repeal any measures which might be contrary to the present Resolution.”

⁴ Quite different from “human rights” provisions, which are generally declarative and lacking in mechanisms designed to ensure effective respect for them in the field. International humanitarian law requires legal protection to be accompanied by verification procedures on the spot, carried out by Protecting Powers or the ICRC. This law does not provide absolute guarantees that it will always be fully respected, but it does lay down the “rules of the game” and means for their application.

⁵ See F. Bugnion: Le Comite international de la Croix-Rouge et la protection des victimes de guerre, ICRC, Geneva (presently being written): Introduction.

⁶ See, for example, Moreillon, J.: “Red Cross assistance and protection”, in International Review of the Red Cross, No. 224 (09–10 1981), pp. 263–268 CrossRefGoogle Scholar and Hocké, J.-P.: “Humanitarian action: protection and assistance”, in IRRC, No. 238 (01–02 1984), pp. 11–17.CrossRefGoogle Scholar

⁷ “The relief operations of the ICRC are inseparable from its visiting and information activities, all mutually complementary and supportive. Just as a relief operation could be diffuse and ineffective unless based on an exact knowledge of the needs, identity and numbers of the victims, so collection of the relevant information would fail in its purpose unless coupled with assistance.” Durand, André: History of the International Committee of the Red Cross—From Sarajevo to Hiroshima. Henry Dunant Institute, Geneva, 1984, p. 470 Google Scholar.

The example of the Allied blockade during the Second World War illustrates this point perfectly. Mass relief shipments for prisoners of war in German hands were authorized only when the ICRC had furnished proof that it was capable of verifying their distribution (an essential aspect of protection activities), that is, when it had access to the camps.