Before stating the terms of the problem we intend to examine, it is necessary first of all to explain what is meant by “the imperative necessity of implementing international humanitarian law”.

Like any body of law, international humanitarian law (IHL) was intended not as a series of abstract precepts, but as a set of specific rules governing real situations. This is reaffirmed in Article 1 common to the Four Geneva Conventions of 1949, which lays down the obligation for the High Contracting Parties to respect and ensure respect for these treaties in all circumstances.

The implementation of international humanitarian law applicable in armed conflicts must be considered in the light of three basic problems.

First, in time of peace no one wants to think about the kind of situation where this body of law is put into practice. Nor is it easy to foster enthusiasm for legal rules which are beyond people's personal experience. But unless certain efforts are made and steps taken in peacetime, it cannot be expected that these rules will be implemented in time of crisis or war.

The Belgian Interdepartmental Commission for Humanitarian Law (ICHL) was established by a decision of the Council of Ministers on 20 February 1987. Its main task consists in studying national measures to implement the Protocols additional to the Geneva Conventions, and, if need be, the Conventions themselves.

The United States considers many provisions of Protocol I additional to the Geneva Conventions of 1949 to be either statements of customary international law or to reflect what that law should be. It is in that vein that the United States views Article 90 on the International Fact-Finding Commission. The U.S. Joint Chiefs of Staff (JCS) military analysis of the Protocols expressed the views of the U.S. Department of Defense on Article 90 as follows:

“One major innovation of the Protocol is the creation of a permanent 15-member International Fact-Finding Commission to investigate alleged grave breaches or serious violations of the Protocols and the Conventions and to facilitate, through its good offices, the restoration of an attitude of respect for the Conventions and [the] Protocol”.

To ensure that it is respected, international humanitarian law (IHL) requires mechanisms for its implementation. Most of these are known and have proved their worth, whether as means of prevention, control or repression. They do however have their limitations and, in this sense, the International Fact-Finding Commission provided for in Article 90, Protocol I, fills a gap.

On 20 November 1990, the twentieth State made a declaration recognizing ipso facto and without special agreement, in relation to any other participating State accepting the same obligation, the competence of an International Fact-Finding Commission whose task it will be to investigate allegations by any such State. Article 90 of Protocol I additional to the Geneva Conventions of 1949 provides for the setting up of the Commission once 20 States have recognized its competence. The Commission will be competent to enquire into any facts alleged to be a grave breach as defined in the Conventions and Protocol I or other serious violation of those instruments and to facilitate, through its good offices, the restoration of an attitude of respect for the Conventions and the Protocol.

In its January-February 1991 issue, the Review informed its readers of the successive representations made by the ICRC from the outbreak of the Middle East conflict both to the States party to the conflict and to the other States to remind them of their obligations under the Geneva Conventions. In particular, the ICRC sent a note verbale on 14 December 1990 to the 164 States party to the Conventions, together with a Memorandum on the applicability of international humanitarian law, and launched appeals to the belligerent States on 17 January and 1 and 24 February 1991.

At its latest meeting on 13 and 14 March 1991, the Assembly of the International Committee of the Red Cross appointed two new members, Dr. Rodolphe de Haller and Mr. Daniel Thurer. Their appointment brings membership of the Committee, which is composed exclusively of Swiss citizens, to 21.

The missions which took ICRC President Cornelio Sommaruga to Great Britain, France, Jordan and the United States in February and early March 1991 were part of the effort to mobilize humanitarian aid to meet the immediate needs of the victims of the Middle East conflict and its aftermath.

During the same period the President also carried out official visits in Switzerland, Italy and Brazil.