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Reaffirmation and Development of International Humanitarian Law
Published online by Cambridge University Press: 23 November 2010
Extract
A line of demarcation between regular and irregular combatants was drawn up in 1907 by Articles 1, 2 and 3 of the Hague Regulations, provisions of which have been supplemented by Article 4 of Geneva Convention III of 1949, Articles 13 and 14 of Geneva Convention I of 1949, and Articles 12 and 16 of Geneva Convention II of 1949. Together, these provisions constituted the law on this subject.
- Type
- Research Article
- Information
- International Review of the Red Cross (1961 - 1997) , Volume 17 , Issue 190 , January 1977 , pp. 3 - 14
- Copyright
- Copyright © International Committee of the Red Cross 1977
References
page 3 note 1 The Laws of Armed Conflicts, A Collection of Conventions, Resolutions and Documents, Edited by Dietrich Schindler and Jiri Toman, Henry Dunant Institute, Geneva, 1973, p. 69.
These four conditions common to both the Hague and Geneva Conventions were first formulated in Article 9 of the Brussels Declaration of 1874. The purpose was to avoid a situation in which marauders or bandits, on capture, might claim prisoner-of-war status.
page 4 note 1 See Goldman, Kjell, International Norms and War Between States, Three Studies in International Politics, 1971, pp. 294–305.Google Scholar
page 4 note 2 The Red Cross was concerned with non-international conflicts long before 1949. See Veuthey, M., The Red Cross and Non-International Conflicts, Geneva 1970 CrossRefGoogle Scholar, and the Report submitted by the ICRC to the XXIst International Conference of the Red Cross, Istanbul, September 1969, Extract from the Report on the Seminar on the activity of the Red Cross on behalf of the victims of armed conflicts, D.S.5 a-b, pp. 2-3.
page 5 note 1 Statutes of the International Committee of the Red Cross, p. 2.
page 5 note 2 Resolution XXIII of the International Conference on Human Rights, Teheran, April-May 1968 (United Nations Publication, Sales No.: E.68 XIV 2).
page 5 note 3 “Resolutions adopted by the General Assembly” during its twenty-third session, p. 50.
page 7 note 1 The Laws of Armed Conflicts, A Collection of Conventions, Resolutions and other Documents, pp. 423-424.
page 7 note 2 Protection of Victims of Non-International Conflicts, Report submitted by the ICRC to the XXIst International Conference of the Red Cross, Istanbul, September 1969, (D.S.5 a-b), p. 6.
page 8 note 1 Reaffirmation and Development of the Laws and Customs Applicable in Armed Conflicts.Report submitted by the ICRC to the XXIst International Conference of the Red Cross, Istanbul, September 1969, (D.S.4 a, b, e), p. 8.
page 8 note 2 Report submitted by the ICRC to the XXIst International Conference of the Red Cross, Istanbul, September 1969, (D.S.4 a, b, e), p. 99.
page 8 note 3 XXIst International Conference of the Red Cross, Istanbul, September 1969, Resolutions, p. II.
page 9 note 1 CE/5 b, p. 10–12.
page 9 note 2 The question whether there should be one or two Protocols was long debated both in the commissions and in plenary meetings of the conferences. Most experts were in favour of two separate Protocols, one dealing with the international armed conflicts and the other—with armed conflicts of non-international character. It was stressed that these Protocol should be worded as closely as possible to each other and common minimum provisions should be provided for, which would be applicable even in cases where it would not yet have been possible to pronounce on the nature of the conflict. See Conference of Government Experts on the ReafHrmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Second Session, Report on the work of the Committee, Volume 1, 1972.
page 10 note 1 Volume 1, 1972, p. 208.
page 10 note 2 The Laws of Armed Conflicts, A Collection of Conventions, Resolutions and Other Documents, p. 298.
page 11 note 1 Draft Additional Protocols to the Geneva Conventions of August 12, 1949, Commentary, Geneva, October 1973, p. 132–133.
page 11 note 2 F. I. Kozhevnikov (i dr.), Kurs mezhdunarodnogo prava, t. V. Moskva, Izd-vo “Nauka”, p. 305.
page 11 note 3 Draft Additional Protocols to the Geneva Conventions of August 12, 1949, Commentary, p. 133.
page 12 note 1 “Respect for Human Rights in Armed Conflicts, First session of the Diplomatic Conference on the Reafflrmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Report of the Secretary-General of the United Nations” Annex I, p. 9.
page 12 note 2 1972 Report, vol. I, p. 67.
page 13 note 1 “Respect for Human Rights in Armed Conflicts, First session of the Diplomatic Conference on the ReafKrmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Report of the Secretary-General of the United Nations” (A/10195), p. 23.
page 14 note 1 “Resolutions adopted by the General Assembly during its twenty-eighth session Vol. I, p. 142.
page 14 note 2 Blishchenko, I. P., Durdenevskii, V. N., “Diplomaticheskoe i konsul'skoe pravo” Moskva, Izd-vo Instituta mezhdunarodnykh otnoshenii, 1962, p. 32–33 Google Scholar. Modzhorian, L. A., sub“ekty mezhdunarodnogo prava, Moskva, Gos. izd-vo iurid. lit-ry, 1958, pp. 8–19 Google Scholar.
page 14 note 3 The Article was adopted by 70 votes to 21, with 13 abstentions.