Arab parliamentarians conference on implementation of International Humanitarian Law
Regional-Syria, Politics, 11/25/2005

The ICRC in Damascus, with the Arab Parliamentary Union and the Syrian People's Assembly, organized a three days conference, from 20 to 22 November 2005, on International Humanitarian Law (IHL) (the law of armed conflict) with delegations of 12 Arab parliaments.

The Red Cross says "International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict."

While taking stock of the growing tension in the region, and expressing their deep concern regarding persistent violations of IHL, the parliamentarians acknowledged the importance and effectiveness of this law to protect civilian population. At the end of the conference, the delegates adopted a declaration recommending that all Arab parliaments proceed to create specialized commissions to supervise the integration of IHL provisions within the national legislation. They also urged Arab parliaments to consider IHL conventions which their respective states have not yet ratified.

After this initial meeting, participants expressed their wish to convey a second conference after a sufficient period to review progress and exchange experience. This conference follows directly a string of similar events organized by the ICRC in Damascus with the Syrian authorities. In November 2005 alone, a course on humanitarian law and combat operations was held for 37 high ranking officers, 60 judges participated in a seminar on IHL and 20 university teachers followed a specialized course in humanitarian law. Syrian police forces and diplomats also attended such a course in june 2005.

Since 2004, a Syrian national commission gathers regularly to look into the possible ratification by the Syrian Arab Republic of international treaties such as the second additional protocol to the Geneva Convention and the Rome Statute on the International Criminal Court.

As to any significance of the IHL on the so-called "global war on terror", the Red Cross says "International humanitarian law (the law of armed conflict) recognizes two categories of armed conflict: international and non-international. International armed conflict involves the use of armed force by one State against another. Non-international armed conflict involves hostilities between government armed forces and organized armed groups or between such groups within a state. When and where the "global war on terror" manifests itself in either of these forms of armed conflict, international humanitarian law applies, as do aspects of international human rights and domestic law. For example, the armed hostilities that started in Afghanistan in October 2001 or in Iraq in March 2003 are armed conflicts. When armed violence is used outside the context of an armed conflict in the legal sense or when a person suspected of terrorist activities is not detained in connection with any armed conflict, humanitarian law does not apply. Instead, domestic laws, as well as international criminal law and human rights govern. Whether or not an international or non-international armed conflict is part of the 'global war on terror' is not a legal, but a political question. The designation 'global war on terror' does not extend the applicability of humanitarian law to all events included in this notion, but only to those which involve armed conflict."

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