Austin Currie
Question:15 Mr. Currie asked the Minister for Foreign Affairs the safeguards which are in place to ensure the terms of the Geneva Convention are not violated in Afghanistan; and if he will make a statement on the matter. [29117/01]
Other Questions. - Foreign Conflicts.
The four Geneva Conventions of 1949 form the basis of international humanitarian law. The conventions, which regulate aspects of armed conflict, have acquired the status of customary international law, given that the overwhelming majority of states accept them as binding, by having become parties to them. To date, 189 states, including Ireland, have ratified the conventions. Ireland urges that it is incumbent on all parties to the conventions to adhere to their obligations under the conventions.
The Geneva Conventions seek to ensure that persons taking no active part in hostilities, including members of the armed forces who have laid down their arms and those placed ‘hors de combat' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely and without discrimination. To that end, an absolute prohibition is imposed against violence to life and person, in particular murder, mutilation, torture and the taking of hostages, with respect to those persons. Passing sentences and carrying out executions without previous judgment pronounced by a regularly constituted court is also strictly prohibited.
The Geneva Conventions also provide for "protective powers", that is, third parties such as other states or the International Committee of the Red Cross, which can offer their services as neutral parties with a view to safeguarding the interests of the parties to the conflict.
The humanitarian situation in Afghanistan remains of major and immediate concern to the Government. Incidents of extra-judicial killings are being reported daily. Not only do they amount to a serious violation of human rights, but they are creating a dangerous legacy of ethnic violence and hatred which has the potential to imprison Afghanistan in its past. The Government calls on all parties to the conflict in Afghanistan to fully observe and uphold the principles and requirements of international human rights and humanitarian law.