SPECIAL ISSUE: 50TH ANNIVERSARY OF THE GENEVA CONVENTIONS
The Geneva Conventions under fire The development of the law of war and the challenge of applying it in the changing environment of warfare
The 20th century, having seen two World Wars, the invention and use of chemical and nuclear weapons, and a record number of people, in particular civilians, killed in hostilities, can justifiably be called the "century of war". It is also the century that produced the first-ever universal humanitarian treaties.
Rules governing the conduct of warfare were not laid down in international treaties until the late 19th century, and the experience of World War I soon exposed their shortcomings. Countries at war were obliged to protect soldiers wounded during combat. But the rights of prisoners were not yet fully guaranteed. The fate of two million POWs depended on the good will of their captors. All this changed during the 1920s, when the international community extended legal protection to POWs.
>From the time of the Spanish Civil War, attacks on civilians became a significant feature of 20th-century warfare. In the Far East too, major cities were attacked with little regard for civilian lives, and the Nazi Blitzkrieg changed the nature of conflict. The authorities of the Third Reich even argued that deportations and concentration camps were not illegal under the written law of war. Indeed, the mass killing of civilians was illegal under customary law, but was not expressly prohibited by international treaties. The blanket bombing of cities, however, came to a terrible climax when nuclear bombs detonated over Hiroshima and Nagasaki.
>From that moment on, the survival of the human race depended on its ability to regulate war. In 1949, the three existing Geneva Conventions were revised and a fourth created specifically to protect civilians during armed conflict.
But it soon became evident that there were gaps in these new laws. In the post-war years, armed insurgents began to take on established regimes, and the treatment of civilians became a key issue. The Americans had similar experiences during the Vietnam war, during which they found themselves fighting an almost invisible enemy. This prompted the international community to debate the lessons learned from civil wars. Its representatives developed the law of armed conflict, providing greater protection for civilians during hostilities: the 1977 Protocols additional to the Geneva Conventions also covered internal conflicts.
The Berlin Wall, the ultimate symbol of the Cold War, was torn down in 1989. But instead of the era of peace and stability which everyone had hoped would follow, new forms of conflict began to emerge. With the end of the Cold War, superpower rivalry in most parts of the world decreased. Before 1989, the conflicts in Africa, Asia and South America had been proxy wars. The entire political world was watching. Today these conflicts are left to drag on alone. Furthermore, they no longer conform to the traditional patterns of international wars between States, and they are not always fought by professional soldiers. In prison camps, men are starved and ill-treated. Innocent civilians are slaughtered and buried in mass graves. In such a moral and political vacuum, the survival of civilized society itself is at stake.
But now the international community has resolved to investigate these crimes, and the prosecution of war criminals is not confined to Europe (the Hague Tribunal). An International Criminal Tribunal has also been set up in Arusha, in northern Tanzania, to try persons suspected of being involved in the Rwandan genocide.
These trials underline the international community's increasing commitment to prosecuting war criminals - and also its attempts to give teeth to the Geneva Conventions.
For the most part, the wars of the 1990s are marked by chaos and savagery. The humanitarian laws, painstakingly codified over the past century, seem to have become negligible. New ways have to be found and efforts have to be intensified to keep the worst horrors of war at bay and to ensure that victims of conflict can preserve their dignity. These efforts cannot be made soon enough, given the fact that the Geneva Conventions are also built upon the basic principle that warfare is limited by the dictates of the public conscience.
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"People on War" The flagship project marking the 50th anniversary of the Geneva Conventions
Many months ago, when 12 August 1999 was just a distant date on the calendar, the ICRC was wondering what would be the most appropriate way to mark the 50th anniversary of the Geneva Conventions. Obviously this could not be a joyous occasion - there had been too much suffering in the intervening years - but nor could it be allowed to pass unnoticed. Hence the idea of carrying out a wide-ranging opinion survey among war victims and persons bearing weapons, asking "ordinary" people who had been directly affected by war how they understood, on the basis of their own experience, the slogan "Even Wars have Limits".
For the purposes of this project, entitled "People on War", the ICRC recorded the views of thousands of people in 11 countries affected, or previously affected, by war: Afghanistan, Bosnia-Herzegovina, Colombia, El Salvador, Georgia/Abkhazia, Israel and the occupied and the autonomous territories, Lebanon, Nigeria, the Philippines, Somalia and South Africa. The information was gathered by means of individual questionnaires, interviews and group discussions. In parallel, a similar but less detailed survey was conducted among the population of countries at peace: France, the Russian Federation, Switzerland, the United Kingdom and the United States. An American consultancy firm, Greenberg Research Inc., was enlisted to work out the best polling methods for this unique project and to analyse the results.
A separate report will be drawn up for every country covered, and a consolidated comparative report will be published at a later date. This will be the first complete "X-ray", so to speak, of the state of international humanitarian law, of which the Geneva Conventions are the cornerstone.
For the ICRC, and indeed for all those concerned directly or indirectly with the development of humanitarian action and wishing to resolve the pressing problems that are impairing its effectiveness, the People on War project should provide some valuable insights during the coming months. By launching an international debate on the validity of the principles of international humanitarian law and offering interested circles the first comparative study on the level of knowledge of the law, and by opening a fresh dialogue with warring parties and other players, the project promises to be a major asset in the preparation of the humanitarian agenda for the 21st century.
The project has already reached a great many people - far more than the thousands of participants interviewed in various contexts, because it has been a vast logistic exercise requiring the personal involvement, both physical and intellectual, of hundreds of volunteers from National Red Cross and Red Crescent Societies and a considerable number of other local partners and contacts.
In the ICRC's view, the very fact of having managed to complete a consultation on this scale despite enormous organizational difficulties is a success in itself, even though the analysis of the data and the drafting of the reports is taking longer than anticipated. Further details, a model questionnaire and, shortly, the initial results can be found at www.onwar.org, the project's special Website.
On the eve of the anniversary that prompted the People on War project, the ICRC derives much satisfaction from the renewal of its dialogue with people whom it considers to be of the utmost importance: those who make war or suffer its effects on the ground. The ultimate aim is to mobilize public opinion worldwide. Through the People on War project, the ICRC is declaring that war is not inevitable, and that moreover it is determined by the conscience of the individual.
QUOTES
"If you find yourself in a conflict, do not lose your human quality. Do not dehumanize yourself. That will help you a lot not to make mistakes and waste human lives. And that is the best you can hope for in a conflict, not to lose your humanity." Former guerrilla fighter in El Salvador
"It is quite painful to kill a person. We are killers - we have killed. Our hands are red with blood. We thought we were protecting the community, yet today we are seen as killers." Former fighter in a South African township
"I would like to say how important the level of awareness among people is to enforce a law. There are a lot of people who unfortunately do not know about these rules, these laws. They become victims themselves ... when harm is inflicted on them. They think this is normal. They think this is how it should be, that this is life, because they are ignorant." Woman in Lebanon whose husband is missing
"My sister aged 57, who lived in Sarajevo alone, was killed there. If I had caught the man who killed my sister I would have cut his throat on the spot. Don't think I wouldn't have. However, I think differently now that the passions have cooled. But at that moment I don't know what I would have done to him, out of rage." Civilian in Bosnia-Herzegovina
"Killing the prisoners will not bring back a dead relative, nor will it solve the war. Instead it is degrading and against Islam. They should hand them over to the relief agencies." Displaced women in Somalia
"If a country is attacked from the outside, the people draw closer together. In an internal conflict, the beastly nature of people is revealed. They turn out to be able to kill children." Elderly woman in Georgia
"A war without rules would be a cruel war where nothing would count. Only winning. And winning is not all." Guerrilla fighter in Colombia
* * * The 50th anniversary around the world Starting point for a "humanitarian groundswell"
National Red Cross and Red Crescent Societies all over the world are carrying out a wide range of activities on and around 12 August to mark the 50th anniversary of the Geneva Conventions, taking part in the ICRC's "People on War" campaign and promoting awareness of the rules governing warfare.
These activities on the national level are aimed at a variety of target groups. In cooperation with the authorities, educational institutions and the military, a number of seminars, round tables and conferences on international humanitarian law (IHL) are being held. Some National Societies have translated the Geneva Conventions into their national languages for the first time, while others are supplying schoolchildren with IHL classroom packs and books containing stories illustrating practical cases. Lectures on IHL are being given at high schools and universities, grants awarded to IHL students, and youth group meetings organized to spread knowledge of the humanitarian principles.
The media are being briefed extensively with a view to creating an ongoing dialogue on the significant role they can play in the dissemination and implementation of IHL. Public interest in the 50th anniversary has been fostered through exhibitions, concerts, sports events, the issue of commemorative stamps, opinion surveys, competitions and rallies, the planting of trees, campaigns promoting the emblem and film festivals, as well as through the media. Most National Societies are using their press contacts to have the material produced by the ICRC's "People on War" Campaign Unit published in their national media.
On 12 August itself, special programmes will be broadcast on TV and radio, and articles and editorials by Red Cross/Red Crescent representatives will appear in newspapers and magazines. In Geneva, the President of the ICRC will read out a Solemn Appeal reflecting the concerns of people consulted on IHL throughout the world. The appeal will be endorsed by a group of prominent figures invited in their personal capacity, including United Nations Secretary-General Kofi Annan. Swiss federal, cantonal and city authorities, diplomats based in Bern or Geneva, and the heads of international organizations will attend the commemoration ceremony.
The results of the "People on War" consultation will be presented to the 188 States party to the Geneva Conventions and the 175 National Societies during the 27th International Conference of the Red Cross and Red Crescent (31 October - 6 November 1999).
And then what? A more wide-ranging humanitarian plan of action will be debated and adopted during the Conference, and the results of the consultation will give the awareness campaign new momentum. Together, the events marking 12 August and the public presentation of the results of the consultation will be the starting point for the creation of a "humanitarian groundswell" which should surge forward into the new millennium. The public awareness of the International Red Cross and Red Crescent Movement and the Geneva Conventions already achieved through the Millennium and the People on War campaigns is expected to stimulate far-reaching debate on core issues which will contribute to the drafting of the humanitarian agenda for the beginning of the 21st century.
* * * Official programme for 12 August 1999
10 a.m.: Alabama Room, Geneva Town Hall
- Signing of the Solemn Appeal by leading international figures NB: this event is not open to the press in view of the limited capacity of the room; photos and videos of this part of the commemoration will be available at http://www.onwar.org/12aug/ , or on request on ++ 4122 730 2716
11.15 a.m.: Place des Volontaires
- Inauguration of the "Banners" exhibition, designed by Francoise Bridel, by ICRC President Cornelio Sommaruga
- Start of the performance by violinist Vanessa-Mae
11.45 a.m.:
- Opening of the room in the Forces Motrices building to the public
12 noon: Forces Motrices building - Official ceremony
- Welcoming addresses (in chronological order): Mr Pierre Muller, Mayor of the City of Geneva; Ms Martine Brunschwig Graf, President of the Council of State of the Republic and Canton of Geneva; Ms Ruth Dreifuss, President of the Swiss Confederation
- Musical interlude by Vanessa-Mae
- Public reading of the Solemn Appeal by Mr Cornelio Sommaruga
- Addresses by the signatories of the Solemn Appeal and by Ms Trix Heberlein, President of the Swiss Federal Assembly
1.40-2 p.m.:
- Press conference at the Forces Motrices building
3-4 p.m.:
- Special session of the Jean Pictet Competition Pleading and role-playing in international humanitarian law
8.30 p.m.: Forces Motrices building
- Charity concert by Vanessa-Mae and the strings of the Geneva Chamber Orchestra in aid of the victims of the Sudanese conflict
NB: Journalists needing to install equipment (cameras, tape recorders, etc.) at the Forces Motrices building are kindly requested to do so by 11.30 a.m.
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The List (in alphabetical order) of leading international figures who will sign the Solemn Appeal in the Alabama Room of Geneva Town Hall on 12 August 1999:
His Highness Prince Saddrudin Aga Khan Mr Kofi Annan, Secretary-General of the United Nations Ms Shabana Azmi, India, actress Ms Geraldine Chaplin, Royaume-Uni, actress H.R.H. Prince El Hassan bin Talal of Jordan Fayrouz, Lebanon, singer and poet Mr Serge Klarsfeld, France, President of the Association Fils et Filles des Deportes Juifs de France Mr Chris Moon, United Kingdom, supporter of organizations for the disabled Mr Jean Pictet, Honorary Vice-President of the ICRC Mr Vladimir Pozner, Russian Federation, journalist H.E. Mr Mario Soares, former President of Portugal H.E. General Amadou Toumani Toure, former President of Mali Ms Marian Wright Edelman, President of the Children's Defense Fund Mr Zhang Yuan, China, stage and film director
Mr Adolfo Perez Esquivel, Argentina, 1980 Nobel Peace Prize Laureate, will be unable to attend for health reasons.
In the afternoon of 12 August, as the various events take place and as material becomes available, the ICRC will publish on the Internet the official text of the Solemn Appeal, the addresses given by the speakers and a selection of high-resolution pictures illustrating the day's proceedings for print media. A verbatim transcript of the press conference will also be available as from Friday the 13th. The photos may be freely used, but credits must be included. All this material can be found at the following address: http://www.onwar.org/12aug
During the weekend of 14 - 15 August 1999, for all information please call the press officer on duty Amanda Williamson, on (mobile) 41 79 217 32 16