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Untitled - the ultimate blog

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Their aim is more modest. It was spelled out under prodding from <strong>the</strong> Geneva-based International<br />

Committee of <strong>the</strong> Red Cross (ICRC), itself set up by a Swiss businessman appalled at <strong>the</strong> carnage of <strong>the</strong><br />

Battle of Solferino in 1859, a European punch-up between forces from Austria, France and Italy. The idea<br />

is to inject some basic humanity into <strong>the</strong> conduct of all sides in a conflict.<br />

Indeed, <strong>the</strong> ICRC points out that “common article 3” of <strong>the</strong> 1949 conventions requires <strong>the</strong> humane<br />

treatment of any person in enemy hands; <strong>the</strong>n and even earlier, it was clear that such an obligation<br />

applied to parties to wars fought within a country’s borders, not just across <strong>the</strong>m. The second of <strong>the</strong> two<br />

1977 protocols, meanwhile, applies specifically to non-international conflicts and cements and extends<br />

such obligations in treaty law.<br />

So if <strong>the</strong> rules are clear, why can’t civilians find better protection in conflict zones? One problem is that,<br />

although <strong>the</strong> four 1949 conventions have been signed by all countries, support for <strong>the</strong> tougher 1977 ones<br />

still lags. Among <strong>the</strong> missing in action are both India and Pakistan, who not only square off against each<br />

o<strong>the</strong>r from time to time but also face violent insurgencies inside <strong>the</strong>ir borders. O<strong>the</strong>r absentees include<br />

Afghanistan, Iran, Israel, Malaysia, Myanmar—and <strong>the</strong> United States. O<strong>the</strong>rs, it has to be said, have<br />

signed and yet blatantly ignore <strong>the</strong> rules.<br />

How can such countries and individuals be brought to book? Upholding <strong>the</strong> rules is bound to be hardest<br />

where people simply do not know about <strong>the</strong> sorts of protection that <strong>the</strong> conventions and protocols are<br />

supposed to afford. A survey commissioned by <strong>the</strong> ICRC to coincide with <strong>the</strong> 60th anniversary of <strong>the</strong> 1949<br />

conventions found that knowledge of <strong>the</strong>m was patchy, even in places that had recently seen conflict.<br />

Nearly 60% of those asked had not heard of <strong>the</strong> accords. Of those who had, 44% thought <strong>the</strong>y did little or<br />

nothing to limit <strong>the</strong> suffering of civilians in war zones.<br />

The ICRC works hard both to disseminate information about <strong>the</strong> conventions and to get governments and<br />

o<strong>the</strong>rs to teach <strong>the</strong> rules to <strong>the</strong>ir armed forces. When conflicts erupt, it seeks to get all parties to commit<br />

to observing <strong>the</strong> rules by way of special agreements. It has also drawn up more detailed guidelines,<br />

though <strong>the</strong>se are only advisory, to help military commanders distinguish more clearly between who is a<br />

civilian, and <strong>the</strong>refore to be protected where possible, and who is not and thus potentially a legitimate<br />

target. Yet, as even some of <strong>the</strong> best-willed practitioners point out, getting from principle to practice will<br />

always be hard: each situation is different and even <strong>the</strong> most carefully written rules will seldom be an<br />

exact fit.<br />

When impunity persists<br />

In any case, better than new rules would be more effective enforcement of those that already exist. For a<br />

-85-

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