Damascus colloquium: International Humanitarian Law: reality and Ambition
A colloquium under the title " International Humanitarian law: reality and Ambition" was held under the patronage of the minister of higher education Hassan Risheh was held in Damascus on November 4 and 5 at Le Meridien. It was organized by the University of Damascus, Faculty of Law and the International Committee of the Red Cross, at the support of the Embassy of Switzerland in Damascus.
In an opening statement Robert Mayor, ambassador of Switzerland in Damascus said that his country 's support given for this seminar is not only part of the permanent interest for the ICRC activities but also keeping with Switzerland 's policy towards the Middle East. He said that Switzerland has tried during the last few years to promote the human dimension in this area on a bilateral basis and also within the framework of the peace process in the Middle East.
For his part David Delapraz, head of the ICRC delegation in Damascus said: Our first aim during 2 days is to make this set of rules better known and understood by University professors and students as a preventive measure. Secondly, the principles of Humanitarian Law have been very much present and respected in the Arab tradition and culture.
He said by organizing this colloque, the University of Damascus- Faculty of Law and the International Committee of the Red Cross would like to provide a format for a debate among the members of the law 4 panels and with the audience on the principles and rules of International Humanitarian Law or the Law of Armed conflicts, this branch of international law limiting the use of violence in armed conflicts.
He added the behavior of Salah Eddine comes immediately to mind and there are numerous other examples. In modern times, Arab experts and diplomats have played an important role in the codification of the Geneva Conventions in 1949. This role was even more decisive in the negotiation and codification of their 2 additional protocols of 1977. Delapraz added " by holding this colloque in Damascus, we reaffirm the universality of the rules of International Humanitarian law. The situation of Palestinians since September 28 is unfortunately a sad reminder of its full relevance, in particular the basic distinction between civilians and combatants, the prohibition to inflict unnecessary suffering, the principle of proportionality and the respect of persons and ambulances attending the wounded."
In a statement to Arabic News, Prof. Marco Sassoli, designated Professor of International Humanitarian Law, Quebec University said that there should be a distinction between " Haq al-Harb and Qanoun al-Harb and the question on whether wars of the Palestinians for liberation of Palestine is legitimate and the other what are the rules applied for both sides, for the Palestinians and the Israelis, and so the fact under the general law the Palestinians have the right to fight against the occupation ( Haq al-Harb). He explained but the Palestinians have also to respect in this fight the rules of the international humanitarian law and also the Israelis are to respect, adding so both sides have to respect the international humanitarian rules whether they are on right or wrong positions ".
After talking about the origins and developments of the International Humanitarian Law and its field of application, Prof. Sassoli noted the protective rules of the International Humanitarian law in that it contains rules protecting " those who no longer participate in hostilities and limits the violence to be used to what is necessary to overcome the military potential of the enemy. It distinguishes civilians and civilian objects, on the one hand, and combatants and military objectives, on the other hand." He explained that civilians may not be attacked and are protected, while combatants may be attacked and are basically only protected once they no longer participate in hostilities ( i.e. when fallen into the power of the enemy of if wounded, sick or shipwrecked ).
On the role played by the National Red Cross and Red Crescent societies, professor Sassoli added that the national Red Cross and Red Crescent societies were originally created for service in time of armed conflict, as auxiliaries to the military medical services.
Today, they carry out a wide range of activities in both war and peace situations. In the field of International Humanitarian Law, they may discuss with their national authorities the necessity to adhere to treaties, to adopt legislation of implementation ( including on the protection of the emblem of the Red Cross or the Red Crescent ) and disseminate International Humanitarian law. He added that in times of armed conflict, national societies can assume their traditional role as auxiliaries to the military medical services of their country. He added that national societies of third countries can lend their humanitarian services to a party to the conflict or serve under the auspices of the IRCR.
In a similar statement to Arabic News , Dr. Louise Doswald - Beck, head of Legal Division, ICRC Geneva said replying to a question on the applicability of the International Human law on occupied Palestine that " The International Humanitarian law is applied on Palestine because it is an occupied territories and therefore the 4th Geneva Convention is applied ". She added the law of occupation as it was developed in the mid of the 19th century never imagined something lasting so long as the Israeli occupation of Palestine, noting that the law of occupation does not give limit on occupation " but we know historically that when the laws were developed they did not imagine such long occupation. Therefore the rules you find there are made basically in order to keep the territory as much possible not affected and as it was before occupation." She explained saying " because the assumption was there will be peace settlement and that the territories final status will be settled quite quickly."
She said even the Hague Convention of 1907 especially article 46 said that in occupied territories " family honor and rights. The lives of persons and private property as well as religious convictions are practices that must be respected. private property can not be confiscated." She elaborated further saying that an earlier article of the Hague convention no 43 also said that "the occupant, shall take all the measures in his power to restore and ensure as far as possible public order and safety, while respecting unless absolutely prevented the laws in force in the country."
Dr. Doswald explained that the fourth Geneva Convention of 1949 was built on the Hague Convention and therefor all its article are applied on Palestine.
In conclusion of her debate at the Colloquium, Dr. Doswald said that despite advanced in arms control and disarmament, considerable energies are quietly being directed towards the development of new weapons which may have serious implications from the humanitarian standpoint. Most of the research on these weapons is classified, or is published with incomplete information in highly specialized literature.
