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The Red Cross and Non-International Conflicts

Published online by Cambridge University Press:  01 August 1970

Michel Veuthey
Michel Veuthey*
Affiliation:
Member of the ICRC Legal Department
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Extract

Whilst from the outset the Red Cross was founded essentially to help the victims of conflicts between States, and the various Geneva Conventions since 1863 were relevant to conflicts of that kind, it must be recognized that internal conflicts have given rise to hundreds of thousands of victims who, all too often, could not effectively be helped due to legal or political barriers to Red Cross action.

The Red Cross could not be true to its mission and at the same time indifferent to the plight of victims of such conflicts, the horror and ferocity of which frequently exceeded those of the usual international wars.

Type
Research Article
Information
International Review of the Red Cross (1961 - 1997) , Volume 10 , Issue 113 , August 1970 , pp. 411 - 423
Copyright
Copyright © International Committee of the Red Cross 1970

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References

1 Agenda item XIV “Civil War”, IIIrd Commission, meetings of April 6 and 7, 1921.

2 See inter alia J. Pictet, The Geneva Conventions of 12 August 1949—Commentary published under the general editorship of J. S. Pictet, ICRC, Geneva, 1952.

3 Commission of Experts for the Examination of the Question of Assistance to Political Detainees, Geneva, June 9–11, 1953. (Printed publication of the ICRC No. 453, 8 pages).

Commission of Experts for the Study of the Question of the Application of Humanitarian Principles in the Event of Internal Disturbances, Geneva, October 3–8, 1955. (Printed publication of the ICRC No. 481, 8 pages).

Commission of Experts for the Study of the Question of Aid to the Victims of Internal Conflicts, Geneva, October 25–30, 1962. (Printed publication of the ICRC No. 577, 11 pages).

4 XXIst International Conference of the Red Cross, Istanbul, September 1969—Report submitted by the ICRC, 1969.

5 XXIst International Conference of the Red Cross, Istanbul, 1969. See especially pp. 97 to 121 and Bibliography (annex pp. 077 and 078).

6 A/7720, November 1969. See especially paragraphs 104 and 168 to 177.

7 See also Resolution XVII (“Medical Care”), which was adopted by the XIXth International Conference of the Red Cross, New Delhi, 1957:

The XIXth International Conference of the Red Cross,

considering the efforts already made by the International Committee of the Red Cross to minimise the suffering caused by armed conflicts of all types, expresses 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.

8 It may be of some interest to quote Resolution XIX (“Relief in the Event of Internal Disturbances”), which was adopted by the XIXth International Conference of the Red Cross:

The XIXth International Conference of the Red Cross,

considering it necessary to ensure maximum efficiency and equity in the distribution of relief supplies in the event of internal disturbances,

declares that relief supplies of all types must be distributed equitably among the victims by the National Red Cross Society, without hindrance on the part of the local authorities;

considers that, in the event of the National Red Cross Society being unable to come to the assistance of the victims, or whenever it may be deemed necessary or urgent, the International Committee of the Red Cross should take the initiative for the distribution of relief supplies, in agreement with the authorities concerned;

requests authorities to grant the Red Cross everyfacility in carrying out reliefactions.

9 See e.g. the recent examples of Iraq (after the end of the Kurds' insurrection) and Nigeria (after the defeat of the secessionist movement).

10 See Reaffirmation and Development of Laws and Customs Applicable in Armed Conflicts, Report submitted by the ICRC to the XXIst International Conference of the Red Cross, p. 107.

11 These last two proposals were the subject of a conclusion read by Mr Henri Rolin following the conference on “Humanitarian Law and Armed Conflicts” which he presided, which was organized by the Centre de droit international de l'Université de Bruxelles, and which was held on 28–30 January 1970.

12 It should be pointed out, however, that article 3 requires respect for “persons taking no active part in the hostilities”, which already implies certain limitations in the conduct of hostilities and the use of weapons. Resolution 2444/XXIII confirmed that interpretation and recognized “the need for additional humanitarian international conventions or for other appropriate legal instruments to ensure the better protection of civilians, prisoners and combatants in all armed conflicts and the prohibition and limitation of the use of certain methods and means of warfare”. (our italics).

13 See C. Zorgbibe, “De la théorie classique de la reconnaissance de belligérance a l'article 3 des Conventions de Genève”, Rapport présenté à la Conférence “Droit humanitaire et conflits armés” (“Humanitarian Law and Armed Conflicts”), Brussels, January, 1970, Doc. R/4, 16 pages.

14 Siotis, Jean. Le droit de la guerre et les conflits armés d'un caractère non international, Paris, Librairie générale de droit et de jurisprudence, 1958, p. 229.