Protecting power and its role in Implementation of Humanitarian law . Karna B. Thapa Facultyof Law, T.U. PROTECTING POWER ?
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Karna B. Thapa
Facultyof Law, T.U.
A neutral or other state not a party to the conflict which has been designated by a party to the conflict and accepted by the adverse party and has agreed to carry out the functions assigned to a protecting power under the convention and this protocol;
(sec. 2 (c) Protocol I)
HISTORY OF PROTECTING POWER Humanitarian law :
Concept found existing in ancient period
History goes back to 16th century
Problems of POWs in First world war drew attention and led to the expansion of idea of protecting power
Article 86 of 1929 Geneva Convention ( POWs) gave legality to the idea
PROCEDURE Humanitarian law FOR APPOINTING PROTECTING POWER:
Four possible ways of appointing the protecting power; ( Article 5.2 Protocol I)
First, protecting power may be appointed by trilateral agreement between determining party, opposing party and protecting power. A belligerent State may appoint a state which is not engaged in the hostilities and subject to the approval of the state engaged in the armed conflict
Upon failure of trilateral method for appointing protecting power ICRC may accomplish appointment of protecting power through the mediation efforts.
ICRC Humanitarian law may call to each conflicting parties to submit a list of at least five states which could be appointed as a protecting power.
Each opposing party could be called concurrently to submit a list of at least five states which could be recognized as protecting power.
ICRC compares both of the lists and request the consent of a state specified in both lists to act as a protecting power.
APPROVAL Humanitarian law OF THE DELEGATION: