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INTRENETIONAL COMMITTEE OF RED-CROSS & ITS ROLE IN PRESERVATION OF HUMANITARIAN LAW. KARNA B. THAPA FACULTYO OF LAW, T.U. Advkarna_thapa@yahoo.com. Warfare and humanity before Red-cross. War remains the dominating phenomenon in human history Human community found combating by force of arms
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KARNA B. THAPA
FACULTYO OF LAW, T.U.
Limitation in the use of force considered by governments and military leaders mostly ignored and increased destructions and sufferings
Civilian people women, children aged who were in no way engaged in war were also ill treated, killed, abducted from the conquered territory.
Law of Manu in Indian continent provided true examples of humanity and earliest beginning of the humanitarian law of war
St. Augustine(345-430 AD) heralded human ideas, condemned unjust war and insisted for just war with humanity and peace
Abu BakrThe first successor of Mohammed laid down the rule of war in the 1st half of the 7th century AD.
Provided for protection of women, children, old aged, monasteries and monks
Sultan Sladdin when conquered Jerusalem in 1187 AD allowed to his enemies to fetch and take care of their wounded and to have access to holy place.
Thomas Aquinas (1225- 1274) in his Summa Theologicafurther declared the concept of just war as;
Use of armies of mercenaries, invention of firearms, schism in religious belief which increased hatered and passion and resulted in cruelty of the war in modern times
such hattered appeared in the war of conquest of central America and South Africa
In 30 years war in Europe(1618-1648) all bases of humanity were put into the dust
Emphasis on humanitarian ideas
Emer de’ vattel(1714-1767)
in his work “International law or principle of natural law applied to the conduct and affairs of the nation and the sovereigns” stressed “from the moment your enemy is disarmed & has given himself up, you no longer have any right over his life, provided he is merited death as punishment for a crime”
Jean Jack Rousseau (1712-1778)
Contrat social published in 1762 & stressed on
“war is not a relationship between man and man, But between states & individuals are enemy accidently not as a men nor as a citizens but as soldiers, not as members of their country but as its defender…. The object of war being destruction of state, the other side has the right to kill its defenders, while they are bearing arms, but as soon as they lay them down and surrender, they cease to be an enemy or instrument of enemy and become once more merely men, whose life no one has the right to take”
The terrible situation of the war of solferino inspired Dunant to come to the action
Dunant’s work created great interested among European sovereigns, governments, army commanders, doctors, writers, clergymen and among broad public
A committee formed to bring Dunant’s idea into reality which consists of ;
General Guillaume H. Dufour chairman
Gustav Moynier vice chairman
Henry Dunant secretary
Dr. Louis Appia Member
Dr. The’odoreMaunoir Member
Committee began with the name of “International Committee for Aid to Wounded Soldiers” in the meeting held on 17 Feb.1863
Conference organized on 26 October 1863 with 31 personalities representing 16 governments and 4 private organizations
2. Unlimited sections of the committee may be formed to assist the committee which shall be the central directing committee
3. Establishment of the relationship of committee with the government in order to provide its service where the occasion arise
4 Committees have to take steps to ensure their usefulness in time of war by making preparation of material relief of all sorts.
5. in time of war, committee of belligerent nations shall supply relief to their respective armies as far as their means permit, in particular , they shall organize voluntary personnel and place them on in active footing and in agreement with military authorities, shall have the premises made available for the care of wounded
6. On request or with consent of the military authorities committee may send volunteer medical personnel to the battlefield where they shall be placed under military command
7. voluntary medical personnel attached to army shall be supplied by the respective committees with every thing necessary for their upkeep.
8. They shall wear in all countries, as a uniform distinctive sign, a white armlet with red cross.
9.Committes and sections in different countries may meet in international assemblies to communicate the result of their experiences and to agree on measures to be taken in the interest of the work.
10. Exchange of communication between the committees of various countries shall be made through the intermediary of Geneva Committee
3. Uniform distinctive sign be recognized for the medical corps of all armies, or at least for all persons of the same armies belonging to this service; uniform flag also be adopted in all countries for the ambulances and hospitals.
Hospital and ambulances personnel including quarter-muster’s staff, the medical, administrative and transport service, and the chaplain shall also recognized as neutral when on duty
Respect of the inhabitants of the country who bring help to the wounded and sick
Adoption of distinct and uniform flag for hospitals, ambulances, and evacuation parties
High contracting parties of the Geneva Convention communicate other states to accede the convention.
The Committee only in 1875 was given the name “International Committee of Red Cross” and the name generally used since 1880
ICRC took new work to monitor the implementation of the Geneva Convention by sending delegates to monitor the implementation of Geneva Convention
ICRC set up a very important task by establishing the first Information Agency in Basel which conveyed the news not only or the wounded and sick but of prisoners of war to their relatives
Another step taken by ICRC was to establish the Information office –cum-tarcing service in Trieste for wounded sick and captured servicemen during Russo- Turkish war of 1877
9th International Conference of Red Cross held in Washington mandated to ICRC to co-ordinate the relief-shipment of prisoners of war and supervise their distribution “ through neutral delegates accredited to the governments involved”
1. Cooptation and Swiss nationality of committee
Assembly may have 15-25 members according to its statute but in practice there are at least 20 members
Geneva Admin all delegations
Operation depts. In
Various zone & central