“Whenever a large organized group believes it has the right to resist the sovereign power and considers itself capable of resorting to arms, war between the two parties should take place in the same manner as between nations…” This statement by de Vattel in the 19th century seemed destined to take its place as a part of positive law, constituting part of what was known as recognition of belligerency, tantamount to the recognition by the established government of an equal status for insurgents and regular belligerents. When a civil war became extensive enough, the State attacked would understand that it was wisest to acknowledge the existence of a state of war with part of the population. This would, at the same time, allow the conflict to be seen in a truer light. The unilateral action of the legal government in recognizing belligerency would be the condition for granting belligerent rights to the parties. It would constitute a demonstration of humanity on the part of the government of the State attacked and would also provide that government with prospects for effective pursuit of the war. By admitting that it was forced to resort to war, it would at least have its hands free to make war seriously.

A line of demarcation between regular and irregular combatants was drawn up in 1907 by Articles 1, 2 and 3 of the Hague Regulations, provisions of which have been supplemented by Article 4 of Geneva Convention III of 1949, Articles 13 and 14 of Geneva Convention I of 1949, and Articles 12 and 16 of Geneva Convention II of 1949. Together, these provisions constituted the law on this subject.

The marking of ambulances and hospitals is a practice which goes back a long time, but until the middle of the nineteenth century different colours were used by different countries: Austria a white flag, France a red one, Spain and the United States yellow, to mention a few examples. The devices displayed were not generally well known, so that they were seldom respected: it frequently happened that artillery shelled ambulances, that grapeshot riddled the waggons bearing the wounded but displaying no outward sign that their mission was one of mercy.

Soon after the First World War the ICRC proposed that the Geneva Convention be revised on the basis of experience of that conflict. It had the question included on the agenda of the Tenth and Eleventh International Conferences of the Red Cross in Geneva, in 1921 and 1923.

The International Institute of Humanitarian Law in San Remo held its fourth Round Table on Present Problems of International Humanitarian Law from 30 August to 4 September 1977. The meeting was opened by Mr. Jean Pictet, Vice-President of the International Committee of the Red Cross; some extracts from his address are given below.

The Twenty-third International Conference of the Red Cross took place in Bucharest, from 15 to 21 October 1977, and was attended by some 700 delegates, representing 104 National Red Cross Societies, the ICRC, the League and 83 governments. Various governmental and non-governmental organizations had also been invited to send observers. The Conference was chaired by Major General Constantin Burada, President of the Romanian Red Cross.

The signing of the Final Act, on Friday, 10 June 1977, at the Geneva International Conference Centre, marked the end of the fourth and last session of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts, which had been convened by the Swiss Federal Council four years previously.

The destruction of the unity and integrity of the family, the natural and fundamental group unit of society, according to Article 16 (3) of the Universal Declaration of Human Rights, 1948, is one of the more tragic consequences of armed conflict. Likewise, in time of peace, the threat to family unity and integrity is one of the potent and inhuman forms of pressure exercised upon individual men and women by Governments in order to secure the regimentation of their peoples. It is salutary to recall, in this context, that one of the purposes of the Law of Nations is to give effect, through appropriate limitations and international supervision of the internal sovereignty of States, to the principle that the protection of human personality and of fundamental rights is the ultimate purpose of all Law, national and international.

From the outset, the central committees of the Societies for Relief to Military Wounded developed the habit of corresponding, either direct or through the International Committee. Was not the originality of the institution precisely that community of interests which united National Societies irrespective of frontiers?

Most of the founders of the earliest relief societies had taken part in the 1863 Geneva Conference which initiated the Red Cross movement. They knew each other personally and naturally kept in touch.

The XXIIIrd International Conference of the Red Cross,

recognizing the great significance for the Red Cross of the Geneva Conventions of 1949 and the Protocols additional to these Conventions,

stressing the attachment of the Red Cross to the fundamental principles adopted by the XXth International Conference of the Red Cross (Vienna 1965),

1. confirms the dedication of the Red Cross movement to its fundamental mission of preventing and alleviating human suffering wherever it may be found; protecting life and health and ensuring respect for the human being; and affording impartially, without discrimination as to race, nationality, religious beliefs or political opinions, protection and assistance to those who need it, in the event of armed conflicts and other disasters,

2. emphasizes the extreme importance of the work carried out by National Societies within their medico-social programmes for the prevention of disease and the promotion of health, and in the encouragement of social responsibility and voluntary service among their members,

3. considers that the Red Cross, in respecting its principles and in developing its manifold activities, should play an essential part in disseminating to the population, and especially to youth, the spirit of mutual understanding and friendship among all peoples, and thus promoting lasting peace.

From 29 September to 2 October, Mr. Alexandre Hay, President of the ICRC, went to Athens at the invitation of the Hellenic Red Cross, to attend its centenary celebrations. Mr. Hay was accompanied by Mr. M. Borsinger, ICRC delegate general for Europe.

The fourth and last session of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts has just opened. The Conference is considering two Protocols additional to the Geneva Conventions of 1949. The first widens the scope of humanitarian law applicable in international armed conflicts, in particular by giving additional protection to civilians even when they are not in the enemy's power, and by extending to civilian medical personnel the protection which until now had been granted only to military medical personnel. The second Protocol develops the law applicable in non-international armed conflicts, which until now was restricted to a few principles contained in common article 3 of the four Conventions of 1949.

In March, three missions took the President of the ICRC, Mr. Alexandre Hay, to Iran, India and Poland.

Mr. Alexandre Hay, President of the International Committee of the Red Cross, visited Damascus from 21 to 24 June and was received by Mr. Hafez el Assad, President of the Syrian Arab Republic. He also had talks with Mr. Abdel Halim Khaddam, Deputy Prime Minister and Minister of Foreign Affairs, General Mustapha Tlass, Minister of Defence, Dr. Madani al-Khyami, Minister of Health, and Mr. Abdalla Al-Ahmar, Deputy Secretary-General of the Baath Party.

In its Circular No. 502 of 23 August 1976, the International Committee of the Red Cross had the honour to invite the Central Committees of National Societies to send in the names of nurses and voluntary aids whom they judged qualified to receive the Florence Nightingale Medal. This invitation, which quoted Article 1 of the Regulations, was accompanied by application forms to be completed by National Societies.

Did Poland, whose territory was divided up between Prussia, Russia and Austria at the end of the 18th century and which did not regain its independence until 1918, contribute in the 19th century to the ideas underlying humanitarian law applicable in armed conflicts?

The political conditions under which the Polish people were then living, while they devoted all their energies to the fight for independence, encouraged them to study and consider various aspects of wars of national liberation. Their thinking was marked by much originality, with some special characteristics that are worth recalling.

The author of the article printed below is Vice–President of the Institute of International Law and had attended the 1949 Diplomatic Conference in Geneva as a delegate. In October 1974 he organized at the Institut d'Etudes politiques d'Aix-en-Provence a colloquium on Las Casas and Human Rights. The article is reproduced, with the author's permission, from a paper presented at the colloquium.

After a number of consultations and preparatory meetings, the Diplomatic Conference on humanitarian law, convoked by the Swiss Federal Council and presided over by Mr. Pierre Graber, Federal Councillor, will soon hold its fourth session in Geneva. Its purpose is, with assistance from ICRC experts, to complete consideration of two draft protocols additional to the Geneva Conventions of 1949; one of these deals with international armed conflicts, the other with noninternational armed conflicts. An ad hoc committee will examine proposals for the regulation of the use of certain so-called conventional weapons.