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| 2005-12-12 |
| 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." |
| Posted by:Fred |
| #10 Really you need the graphic of the red thingy I mean "red crystal" that is the new non-offensive symbol that is on the ICRC website. |
| Posted by: bruce 2005-12-12 20:18 |
| #9 "...it also addresses the applicability of humanitarian law to non-state actors." How do Customary Laws that don't address the ramifications for non-adherence by non-state actors "hold the individual responsible for their acts"? And it only took a decade to draft these laws? |
| Posted by: DepotGuy 2005-12-12 12:53 |
| #8 Who died and made you Congress? Another question to ask would be: "Who exactly is to do the prosecuting?" |
| Posted by: Bomb-a-rama 2005-12-12 10:49 |
| #7 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. Who died and made you Congress? |
| Posted by: BH 2005-12-12 10:14 |
| #6 Wonder how NGO's feel if Congress passed laws making it a criminal act to attempt to exert unlawful and non-consentual powers over the government and people of the United States without the proper Constitutional executive and legislative recognition? Tack on conspiracy charges to the process as well. This could be fun! |
| Posted by: Angomort Ulomoque7221 2005-12-12 09:24 |
| #5 ST has it right: an NGO has no right to legislate, and we are not bound by treaties we have not signed, period. |
| Posted by: Ptah 2005-12-12 08:32 |
| #4 "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. "(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." 1. NGOs have no power to promulgate binding law. 2. "Minimizing the effect of non-ratification" is aimed squarely at forcing the US to comply with the 1977 Protocol I to Geneva Convention III. The US is not a signatory, and it's not followed enough to constitute customary law, because it would extend POW protections to terrorists, guerillas, and insurgents. (One such protection is the right not to be interrogated). Protocol I is the ICRC's basis for demanding access to all our GWOT detainees, so this "code" amounts to a bald grab at global lawmaking. 3. "Non-state actors" means employees of US contractors, not terrorists of various nationalities. The ICRC knows as well as we do that publishing a little guidebook isn't going to suddenly make the head-choppers play nice, whereas we cave to international pressure all the time. Argh! |
| Posted by: ST 2005-12-12 03:01 |
| #3 "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." How long before this will be used against an un-suspecting former US military person vacationing in Europe? There's that judge in Spain... |
| Posted by: Rafael 2005-12-12 02:15 |
| #2 Lawyers at a conference in New Delhi to mark the regional launch of the code hailed it as the most important source of new Porches and beach houses in a decade. |
| Posted by: phil_b 2005-12-12 00:52 |
| #1 Got a Confidence Meter Fred? One with the needle wrapped around the zero peg two or three times? If only .001% as much honest effort was put into eliminating corruption, graft, backward and barbaric customs, irrational fear-mongering, nepotism, despotism, and authoritarian rule, the world could become a far more prosperous and safe place... negating most of the modern day reasons for war. I trust the Int'l Red Thingy about as much as I do those who are applauding, such as the UN. Parasites all. |
| Posted by: .com 2005-12-12 00:44 |