The Red Cross has codified a set of rules on warfare aimed at making it easier to prosecute people who commit acts of terror and other crimes. The code, which took a decade to draft, sets out the "customary rules of warfare" and is particularly intended to help bring to justice those combatants who commit crimes but may not belong to the army of any state.
With the fast-changing nature of warfare that increasingly involves attacks on innocent civilians, "the implications for conflicts based on the use of terror should be obvious," senior Red Cross official Michael O'Brien said. Lawyers at a conference in New Delhi to mark the regional launch of the code hailed it as a legal landmark. "It's a major step in holding to account those who commit crimes in conflicts who might not have otherwise been held to account," Mr O'Brien said.
The three-volume work was prepared by the International Committee of the Red Cross with the help of experts from over 50 countries. It draws its "customary rules of warfare" from those found in common usage among "civilised states". Its 161 rules define as illegal attacks on innocent civilians, torture, the use of human shields and a host of other offences. The code was commissioned 10 years ago by the 192 states which signed the Geneva Convention that lays down rules of warfare. While virtually all states have ratified the 1949 Geneva Convention, not all have ratified treaties dealing with such matters as internal conflicts and the code is aimed at helping plug the gap, Mr O'Brien said. "These rules bind people whether or not they're fighting for a state that has accepted treaties on warfare conduct or whether even they belong to an army of a country," he said.
The warfare rules in the code are backed-up by a host of legal precedents from around the world and examples of international practices based on military manuals and legislation. The code does not have to be ratified by any country but is intended to be used as a source of law to help prosecute combatants who commit offences. It "significantly strengthens the body of law" applicable to armed conflicts and especially civil wars, Mr O'Brien said. "(This code) not only minimises the effect of non-ratification of treaty law by some states, it also addresses the applicability of humanitarian law to non-state actors," he said.
The new Red Cross code "is one of the most important documents on humanitarian law in warfare I've seen in my lifetime," said Francoise Hampson, a member of the UN Sub-Commission on Promotion and Protection of Human Rights. "It holds the individual responsible for their acts," he said. "Any person not bound by treaty law is going to be bound by customary law." |