Legal bases

By ratifying the Geneva Conventions of 1949, Switzerland undertook to supplement its national legislation accordingly. Its subsequent revision of the Swiss military penal code in 1950, though certainly prompt, was half-hearted. It was not until 1 March 1968, when a broader revision came into force, that national legislation was fully adapted to meet the requirements laid down in those Conventions:

— the scope of application of Swiss criminal law was extended to cover all armed conflicts within the meaning of international conventions;

— civilians who commit offences against international law in the event of armed conflict were explicitly made liable to military jurisdiction; it is thereby clearly established that Switzerland, or more specifically the military justice authorities, must prosecute violations of international humanitarian law even if the offence is committed outside Switzerland by nationals (civilians or members of the armed forces) of another country.

The Republic of Cyprus acceded on 18 March 1996 to the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), adopted in Geneva on 8 June 1977. Protocol II will come into force for the Republic of Cyprus on 18 September 1996.

The 26th International Conference of the Red Cross and Red Crescent,

noting with great concern the increasing number of armed conflicts taking place in various parts of the world,

alarmed by the gross and persistent violations of international humanitarian law that are being committed, particularly against civilians, including the most vulnerable,

deeply concerned about the grief and suffering resulting from such violations,

The Council of Delegates met on 1 and 2 December 1995 in Geneva and was attended by some 600 delegates (twice as many as in Birmingham in 1993) from the National Red Cross and Red Crescent Societies, and representatives from the ICRC and the Federation.

The meeting was opened by Botho Prince of Sayn-Wittgenstein-Hohenstein, in his capacity as Chairman of the Standing Commission of the Red Cross and Red Crescent.

Contrary to the announcement in No. 309 of the Review, November-December 1995, p. 678, the Kingdom of Swaziland became party to the two Protocols by accession (and not by ratification).

On 8 July 1996, the International Court of Justice gave its advisory opinion in response to two enquiries as to the legality of the threat or use of nuclear weapons. Whilst the Court did not examine in detail the request put forward by the World Health Organization, it did give very close attention to the question presented by the General Assembly:

“Is the threat or use of nuclear weapons in any circumstance permitted under international law?”

The Council of Delegates,

alarmed by the increasing number of vulnerable people continuously suffering from or threatened by man-made and natural disasters all over the world,

committed to the Movement's Fundamental Principles, which include humanity, neutrality, impartiality and independence, that enable it to act on behalf of the victims and vulnerable people and to advocate their cause,

emphasizing that it is necessary, in the interest of all those whom the Movement seeks to assist and protect, to strengthen the unique relationship between the Movement and the States party to the Geneva Conventions, which finds one concrete expression in the International Conference of the Red Cross and Red Crescent,

stressing that the International Conference is a forum for dialogue on humanitarian matters whose effectiveness for victims and vulnerable people depends on the participation of all those concerned with humanitarian issues, and that the 26th International Conference was convened in conformity with the Statutes of the Movement,

concerned to avoid a situation in which issues of a political nature may disrupt the International Conference or divide the Movement,

1. reaffirms its commitment to holding the 26th International Conference in 1995;

2. appeals to all participants in the International Conference, in the interest of all victims and vulnerable people, to safeguard its exclusively humanitarian character, in particular by respecting the Fundamental Principles during the Conference, in conformity with the Statutes of the Movement;

3. requests all National Societies to convey this appeal to their respective governments at their earliest convenience;

4. confirms the commitment of all components of the Movement to act in conformity with the Fundamental Principles throughout the International Conference in order to preserve the unity of the Movement.

R/A/S = Ratification: a treaty is generally open for signature for a certain time following the conference which has adopted it. However, a signature is not binding on a State unless it has been endorsed by ratification. The time limits having elapsed, the Conventions and the Protocols are no longer open for signature. The States which have not signed them may at any time accede or, in the appropriate circumstances, succeed to them.

The Republic of Palau acceded on 25 June 1996, without making any declaration or reservations, to the Geneva Conventions of 12 August 1949 and their Additional Protocols relating to the Protection of Victims of International Armed Conflicts (Protocol I) and Non-International Armed Conflicts (Protocol II), adopted in Geneva on 8 June 1977.

The Democratic Republic of Sao Tome and Principe acceded on 5 July 1996, without making any declaration or reservations, to the Protocols additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and Non-International Armed Conflicts (Protocol II), adopted in Geneva on 8 June 1977.