Kathleen Lynch
Question:147 Ms Lynch asked the Minister for Foreign Affairs the action he is taking in order to ensure implementation of the Fourth Geneva Convention; and if he will make a statement on the matter. [6421/03]
Written Answers - Geneva Conventions.
Liz McManus
Question:173 Ms McManus asked the Minister for Foreign Affairs if he has discussed observance of the Fourth Geneva Convention relating to the Protection of Civilian Persons in time of War; and if he will make a statement on the matter. [6424/03]
Liz McManus
Question:190 Ms McManus asked the Minister for Foreign Affairs if he will make a statement on the consequences of the 1977 Protocols on the protection of facilities essential for the survival of children and the prohibition of their being a subject of attacks, not having been ratified by Iraq or the USA. [6423/03]
I propose to take Questions Nos. 147, 173 and 190 together.
The four Geneva Conventions and the two additional protocols form part of a wider body of international humanitarian law which seeks to limit the effects of armed conflict. Its purpose is to restrict the means and methods of warfare and to protect persons who are not, or who are no longer, participating in hostilities. The conventions have acquired the status of customary international law, given that the overwhelming majority of states have accepted them as binding by becoming parties to them. To date 189 states, including Ireland, have ratified the conventions.
International humanitarian law does not in itself prohibit or prevent states from engaging in conflict. The question of whether a state may use armed force is a separate question, governed by the Charter of the United Nations. The substan tive provisions of the Geneva Convention apply once an armed conflict has begun, and apply equally to all sides. Their application ceases at the general close of military operations and, in occupied territories, at the end of the occupation – except for certain categories of persons whose final release, repatriation or settlement takes place at a later date. Iraq and the United States are both high contracting parties to the four Geneva Conventions, and are obliged to apply their provisions to any conflict between themselves and other high contracting parties. Equally, both are entitled to the protection afforded by the conventions in any conflict.
The Fourth Geneva Convention, relating to the protection of civilians in time of war, sets down a number of rules on how belligerents must deal with civilians. For instance, it provides for the establishment of neutralised zones and for the protection of hospitals and medical personnel, it lays down rules of behaviour for occupying powers, and it deals with the treatment of internees and displaced persons. The main provisions dealing specifically with children during a time of conflict are articles 23 and 24. Article 23 provides for the free passage of essential foodstuffs etc., intended for children under 15, provided that the party concerned is satisfied that the consignments will not be diverted, that they will remain under effective control, and that no definite military advantage will accrue to the military efforts or economy of the enemy. Article 24 deals with the welfare of children under 15 who are orphaned or are separated from their families as a result of war.
The first additional protocol to the Geneva Conventions, relating to the protection of victims of international armed conflicts, provides for significantly greater protection of civilians, including children. While fewer states are parties to this protocol, it is nevertheless recognised that many of it provisions reflect customary international law. Neither Iraq nor the United States is party to the protocol. In these circumstances, the conventions and the additional protocol provide that civilians, and combatants, remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience. These would prohibit,inter alia, deliberate or indiscriminate attacks on the civilian population. Article 1.3 of the protocol provides that it shall apply in the situations referred to in article 2 common to the Geneva Conventions. Common article 2 of the conventions in turn provides that parties to the conventions shall be bound by them in relation to a non-party if the latter accepts and applies their provisions. It would be open for Iraq to accept and apply the provisions of the additional protocol, and in that case all parties to the protocol would be bound to apply its provisions in their relations with Iraq.
The Government believes strongly that all belligerent parties in any armed conflict should take every possible step to protect civilian populations from the effects of war. In particular, they must comply with their obligations under the Geneva Conventions and the other principles of international humanitarian law. The onus of respecting the laws of war falls in the first place on the parties to the conflict, who are obliged to punish anyone who commits war crimes or other breaches of humanitarian law. Under the Geneva Conventions, the parties to a conflict may appoint protecting powers, who have the duty of safeguarding the interests of those parties. Under common article 9, the conventions are to be applied with the co-operation and under the scrutiny of the protecting powers. The conventions also recognise the humanitarian role of the International Committee of the Red Cross. At the same time, all parties to the Geneva Conventions undertake to ensure respect for their provisions. The international community as a whole has an interest in minimising the effect of conflict on combatants and civilians alike.