The 1949 Geneva Conventions reflect in the humanitarian domain what the International Court of Justice solemnly called the "very essence of the sacred trust of civilization." They offer practical pathways not only towards effectively protecting civilian populations in war zones, but contain the fundament for such time-tested ideas as "humanitarian corridors", "open towns" and "neutralized zones" (2). As such, and in the hands of imaginative politicians and diplomats, they can serve also as political catalysts for clearing the fog and regaining control over the evolution of things affecting societies and, in line with international humanitarian law, to stop and eventually reverse the spiral of violence.
In the current conflict involving the Southern part of Lebanon, the powers that be may thus find it indicated to promptly set up and strictly observe the conditions for operating neutralized zones for the protection of civilians (3), if need be even on a unilateral basis (4). Thus, the full weight of these key conventions on the law of war could be brought to bear on all those on the military command or execution level who would violate any such duly created neutralized zones. For they would thus automatically subject themselves to persecution anywhere in the world for crimes against humanity. But full respect for these zones could be expected only if their effective and durable de-militarization were promptly and reliably achieved either through negotiations and/or with the assistance of mutually agreeable third parties, perhaps involving good offices by neutral states.
Notes
(1)
adapted from our Note
of 3.7.91 which contributed to the setting up of inadequately
operated and respected neutralized zones in former Yugoslavia
(2)
Article 15 of the Fourth
Geneva Convention:
"Any Party to the conflict
may, either direct or through a neutral State or some humanitarian organization,
propose to the adverse Party to establish, in the regions where fighting
is taking place, neutralized zones intended to shelter from the effects
of war the following persons, without distinction: (a) wounded
and sick combatants or non-combatants; (b) civilian persons
who take no part in hostilities, and who, while they reside in the zones,
perform no work of a military character. When the Parties concerned
have agreed upon the geographical position, administration, food supply
and supervision of the proposed neutralized zone, a written agreement shall
be concluded and signed by the representatives of the Parties to the conflict.
The agreement shall fix the beginning and the duration of the neutralization
of the zone."
For related material see
notably: "Hospital Localities and Safety Zones", ICRC, Geneva
1952, p.42ss; SANDOZ, Ives, "Localités et Zones sous Protection
Spéciale", in: "Quatre études de droit
international humanitaire", Institut Henry Dunant, Geneva 1985, p.41ss.
(3)
Art.15 requires all parties to a given conflict to cease forthwith all
military operations against and within such neutralized zone.
(4)
Though art.15 provides for an agreement among the "Parties concerned" both
the national and the local authorities are seen to be in a position to
validly declare certain areas, eventually extending over the entire territories
of conflict, to be neutralized zones in the sense of art. 15 of the Fourth
Geneva Convention - provided they unreservedly accept the conditions associated
with this status. This view is supported by the recognized practice
of open towns which are also declared unilaterally, which serve
similar aims and which, in practice, had similar effects.