Cartagena de Chairá, 15 June 1997: the five Russian helicopters churned up clouds of dust as they deposited their precious cargo —70 soldiers of the government army who had been defeated and captured by the guerrillas nine-and-a-half months earlier. The spectacular landing in the jungle hideout gave them their first taste of freedom and marked the end of an episode in the war which had humiliated the military high command and kept the whole country in suspense. Hence the rejoicing was all the greater as the 70 soldiers, who had been presumed dead, were finally reunited with their mothers in an emotional scene, and the whole of Colombia briefly savoured the sweet illusion that peace was just around the corner. In front of international observers and countless journalists, the guerrilla commanders completed the handover of the soldiers to the ICRC with a moving ceremony. Then the soldiers boarded the helicopters again. Accompanied by an ICRC delegate and a member of the National Reconciliation Commission, they were flown to the army base at nearby Larandia, where the military leadership gave them an official reception with a brass band and laid on a buffet meal.

UN human rights mechanisms continue to proliferate, producing numerous decisions and voluminous reports. This article reviews the ways in which such mechanisms apply international humanitarian law, including the law of Geneva and the law of The Hague. In doing so, it focuses mainly on the practice of the rapporteurs appointed by the UN Commission on Human Rights to investigate the human rights situations in specific countries and on that of the thematic rapporteurs and working groups which the Commission has entrusted with monitoring specific types of serious human rights violations wherever they occur, in particular the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions and the Representative of the Secretary-General on Internally Displaced Persons, whose mandates most often lead them to examine abuses occurring in the context of armed conflicts. Reference is also made to two innovative mechanisms which functioned in El Salvador: the first UN-sponsored “truth commission” and the first human rights monitoring body established as part of a comprehensive mechanism for monitoring compliance with a UN-sponsored peace agreement. Certain observations made by treaty monitoring bodies are also mentioned.

As the First Review Conference of the 1980 Convention on Conventional Weapons (CCW) closed in Geneva on 3 May 1996, there was widespread dismay at the failure of the States Parties to reach consensus on effective ways to combat the global scourge of landmines. The CCW Protocol II as amended on 3 May 1996 (Protocol II as amended) introduced a number of changes that were widely welcomed, but it fell far short of totally prohibiting these weapons, a move already supported by more than 40 States. Keen to sustain the international momentum that might otherwise have slackened, the Canadian delegation announced that Canada would host a meeting of pro-ban States later in the year to develop a strategy to move the international community towards a global ban on anti-personnel mines.

On 30 October 1997, the Inter-American Commission on Human Rights (hereafter the Commission) adopted its report in the so-called Tablada case. The case concerned an attack launched by 42 armed persons on military barracks of the national armed forces in 1989 at La Tablada, Argentina. The attack precipitated a battle lasting approximately 30 hours and resulting in the deaths of 29 of the attackers and several State agents. The surviving attackers filed a complaint with the Commission alleging violations by State agents of the American Convention on Human Rights (hereafter the American Convention) and of rules of international humanitarian law. In its report the Commission examined in detail whether it was competent to apply international humanitarian law directly. It answered this question in the affirmative.

Concern has been expressed recently that the rules of international humanitarian law pertaining to civil defence have been somewhat neglected since 1977 and that, 20 years on, the time has come to assess whether these rules are sufficiently realistic and have retained their validity. The purpose of civil defence rules is clear, i.e. “to mitigate the losses, damage and suffering inflicted on the civilian population by the dramatic developments of the means and methods of warfare”. But while the primary purpose of civil defence rules may be formulated quite simply, the means of achieving it are naturally far more complex, indeed increasingly so given the effects of the ever more destructive methods of warfare as well as the changing nature of conflicts, which is resulting in a larger proportion of civilians being killed. It has also been recognized that the rules governing civil defence would remain a dead letter if they were not made known to those for whom they are intended. The current lack of awareness has therefore made efforts to spread knowledge of these rules a matter of necessity.

The proliferation of crises around the world has led to a sharp increase in the scale of humanitarian aid required to meet the vital needs of the people affected by them for food, water, medical care and shelter. Humanitarian organizations can either meet those needs directly or support local services engaged in the same work. In most cases, both approaches are used.

The ever-increasing membership of the Council of Europe, and the accompanying growth in the number of States party to the European Convention on Human Rights (ECHR), promises to create fresh challenges for the new single European Court of Human Rights which will begin to sit full-time in Strasbourg as of 1 November 1998. Speculation varies with regard to the type of challenges that the new Court will have to face, but one which cannot be ignored is the likelihood that the new Court will have to come to terms with more cases arising from situations of conflict. Judge Jambrek, urging judicial restraint and conservatism in a dissenting opinion, warned that the Court may have to look at what happened in the Croat Region of Kraijna, in the Republika Srpska, in other parts of Bosnia and Herzegovina or in Chechnya. If the Court is so required, many cases may involve issues which call for consideration of international humanitarian law.

In any discussion about security, the primary consideration must be the need to preserve the neutrality, independence and impartiality of humanitarian action. This is the essential precondition for the ICRC's ability to protect and assist the victims of conflict. Sooner or later, any humanitarian activity which runs counter to these fundamental principles either incurs the mistrust of the people it intends to assist or becomes completely paralysed.

At the heart of human rights work is the attempt to protect individuals from the abuse of power or neglect on the part of their own governments. At the international level, this translates into State responsibility for the way in which the government treats its own people, supplementing the older international law regarding the treatment of aliens and the law of war which also (originally) addressed only the treatment of non-nationals.

Under aerospace doctrine an aerial action is a set of aerial sorties of the same nature which take place simultaneously in pursuit of a common aim. In other words, an action of this type would attain the objective pursued if it involved two or more aircraft engaging in any of a range of operations, namely attacks, reconnaissance, transportation and special aerial missions.