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A measure of humanity in internal disturbances and tensions: proposal for a Code of Conduct

Published online by Cambridge University Press:  13 January 2010

Hans-Peter Gasser
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Extract

From time to time, States are affected by outbreaks of internal violence. Such upheavals are usually referred to as internal disturbances or tensions, disorders, states of emergency, revolutions or insurrections. These expressions all refer to situations that appear contrary to justice, order, stability and internal peace. There have been many examples of the kind in the past, and we know from the media that they continue to occur. Almost every nation in the world has a history marked by periods of insecurity and protest accompanied by outbreaks of violence.

Type
Internal Disturbances and Tensions
Information
International Review of the Red Cross (1961 - 1997) , Volume 28 , Issue 262: Internal Disturbances and Tensions , February 1988 , pp. 38 - 58
Copyright
Copyright © International Committee of the Red Cross 1988

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Footnotes

*

The author is Legal Adviser to the Directorate of the International Committee of the Red Cross. This article reflects his personal views and does not engage the responsibility of the ICRC.

References

1 Sandoz, , Swinarski, , Zimmermann, (ed.), Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949, Geneva, 1987 Google Scholar; commentary on Article 1, paragraph 2, of Protocol II, paragraph 4474.

2 The description of a state of emergency varies from one treaty to another. See International Covenant on Civil and Political Rights of 16 December 1966, Article 4 — American Convention on Human Rights of 22 November 1969, Article 15 — European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, Article 15 — The African Charter on Human and People's Rights does not provide for any such rule.

3 See above, note 2.

4 See ICRC Protection and Assistance Activities in situations not covered by International Humanitarian Law, ICRC, Geneva, 1986, p. 4 ffGoogle Scholar, and International Review of the Red Cross, No. 262, 01–02 1988, pp. 12, 13.Google Scholar

5 See above, note 4, p. 11 ff, and p. 18 ff, respectively.

6 Preambular paragraph 1 of the Universal Declaration of Human Rights.

7 For a general overview of the problem, see in particular the following report drawn up by Nicole Questiaux: Study on the implications for human rights of recent developments concerning situations known as states of siege or emergency, drawn up for the Sub-Commission on Prevention of Discrimination and Protection of Minorities of 27 July 1982 (E/CN.4/Sub.2/1982/15). See also International Commission of Jurists, States of Emergency, Their Impact on Human Rights, 1983.Google Scholar

8 International Court of Justice, Corfu Channel case, Judgment of 9 04 1949 (merits), p. 22.Google Scholar

9 International Court of Justice, Case concerning military and paramilitary activities in and against Nicaragua (Nicaragua versus United States of America), Judgment of 27 06 1986 (merits), paragraph 218 (p. 104).Google Scholar

10 As stated in the International Covenant on Civil and Political Rights, Article 4, paragraph 1.

11 See publication mentioned in note 4, and also Jacques Moreillon, Le Comité international de la Croix-Rouge et la Protection de Détenus Politiques, Lausanne, 1973.Google Scholar

12 Statutes of the International Movement of the Red Cross and Red Crescent, adopted by the Twenty-fifth International Conference of the Red Cross, October 1986, Article 5 d). See also ICRC Statutes of 21 June 1973 — presently being revised, Article 4 d).

13 See references and texts in the ICRC publication mentioned in note 4.

14 Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Protection of victims of non-international armed conflicts, Volume V of the documentation presented by the ICRC, Geneva, 1971, pp. 85–88.Google Scholar

15 Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (Second session), Report on the work of the Conference, Volume 1, Geneva, 1972, paragraphs 2.564–2.570, pp. 124 and 125.

16 Report (see above, note 15), paragraph 2.567, page 125.

17 ICRC Annual Reports 1983, p. 83, 1984, p. 85, 1985, p. 85 and 1986, p. 88.

18 For a full review of the problem, see the works of Professor Th. Meron, who, in 1983 also, proposed “the drafting and adoption of such an instrument, preferably, at least as a first step in the form of a solemn declaration” with rules pertaining specifically to the problems resulting from internal disturbances and tension: Theodor Meron, “On the Inadequate Reach of Humanitarian and Human Rights Law and the Need for a New Instrument”, American Journal of International Law, Vol. 77 (1983) 589, 605/6Google Scholar. By the same author, see also: “Towards a Humanitarian Declaration on Internal Strife”, 78 AJIL (1984) 859 Google Scholar; and: Human Rights in Internal Strife: Their International Protection, Hersch Lauterpacht Memorial Lectures, Cambridge, 1987.Google Scholar

19 See below, p. 51 ff.