HUMAN RIGHTS: Update Needed for Rules of War

By Gustavo Capdevila Reprint | | Print |

Gustavo Capdevila

GENEVA, Jul 30 1998 (IPS) - Old fashioned warfare on almost pre-set battlefields where casualties came only from amongst the troops are a far cry from the modern conflicts which erupt in unexpected surroundings taking most of their toll on civilians.

And as a result, all legislation on warfare codes of ethics and human rights are in desperate need of updating.

During the First World War (1914-1919), only five percent of fatalities were suffered by civilians. Today, this percentage is nearer 90 percent, as most current wars are internal struggles where the difference between fighter and non-fighter is increasingly difficult to discern.

The International Committee of the Red Cross (ICRC) said the development of weapons and the extension of the radius of military action due to the inventions of this century, mean civilians are “inside the war” exposed to equal, at at times greater, danger than the combatants themselves.

Director General of the United Nations Office at Geneva, Vladimir Petrovsky, said the UN recognised the nature of warfare has changed, but its main concern is still the protection of civilians in situations of armed conflict.

The current emphasis in international humanitarian law is on adapting and implementing the existing, out-of-date rules to the context of combat today, said Petrovsky.

This issue will be tackled in a forthcoming conference conference emulating the Hague Peace Conference of 1899, Petrovsky announced last week at the closure of the Geneva Graduate Study Programme.

The Dutch government and the Russian Federation, along with the group “Friends of 1999,” which includes states from all over the world and the ICRC, will host major events to assess the current status of international humanitarian law.

Two conferences held in St. Petersburg and the Hague, just like those of 1899, will discuss the three original subjects – disarmament, the peaceful settlement of disputes and international humanitarian law.

Next year is the year of International Humanitarian Law, coinciding with the centenary of the first Hague peace conference in 1899, and fifty years of the Geneva Convention and human rights law passed in 1949.

The Hague legislation concentrates on the rights and responsibilities of combatants and military actors and limits the purview of warfare.

Meanwhile, Geneva law is primarily humanitarian in nature and concentrates on the protection of military who are non-combatants (the wounded and prisoners) as well as non-combatants.

Special rapporteurs have been appointed for each of the main issues of Saint Petersburg and the Hague – disarmament, peaceful settlement and humanitarian law, announced Petrovsky.

The evaluation of international human rights law will highlight the aspects of applying existing norms, along with ancillary sectoral developments, he added.

Petrovsky warned constant vigilance will be needed as regards the innovation of new weapons systems and the law must adapt accordingly.

He listed biological and chemical weapons, exploding bullets and blinding-laser weapons as all having been the subjects of specific legislation and bans.

ICRC recently created the MINES/ARMS Unit to monitor weaponry developments so that standards can be adjusted accordingly.

Crucial to all current debate is the essential question of whether the current norms of international law respond to the needs experienced as a result of contemporary warfare, stated Petrovsky.

Finally, he confirmed this issue would be dealt with in the International Conference of the Red Cross/Red Crescent Movement in November 1999, where the 188 Geneva Convention State-parties will all be present.