Geneva Conventions Turn 60: Still Relevant for NGOs in Conflict Zones

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The 60 year anniversary of the four Geneva Conventions served as the backdrop for an appeal to protect vulnerable citizens who have become increasingly targeted in contemporary warfare. At a ceremony in Geneva on Aug. 12, 2009, Jakob Kellenberger, the President of the International Committee of the Red Cross (ICRC) warned that under International Humanitarian Law (IHL) political and military goals cannot supercede the humanitarian imperative. 

194 nations are party to the Geneva Conventions. Combined with their Additional Protocols, these rules make up the core of IHL and “provide the most relevant existing framework for protecting civilians and sick, wounded or captured combatants.”  They also mandate the delivery of humanitarian aid and recognize the role of nongovernmental organizations (NGOs) that provide it. 

As modern conflict shifts from the traditional battlefield to more populated and urban settings, Kellenberger emphasized the need to address growing confusion between military actors and non-combatants in civilian areas. He said this confusion leads to unnecessary loss of life, noting “The nature of armed conflict, and of the causes and consequences of such conflict, is continuing to evolve. IHL must evolve too.”

According to Kellenberger, the “blurred lines between combatants and civilians” is caused by inadequate distinction between participants in hostilities from those who are protected under IHL. "If you are interpreting this concept too widely, far too many civilians become lawful targets," Kellenberger said. "So if you want to maximize the protection of civilians, it is very important to have a very clear and narrow definition of direct participation of hostilities." Responding to this problem, on June 30, 2009, the ICRC produced an Interpretative Guidance document that Kellenberger said provides “recommendations on how IHL relating to the notion of direct participation in hostilities should be interpreted in contemporary armed conflict.”

Speaking at a Charity and Security Network panel discussion held in July 2009, Charles Swift, a prominent international conflict attorney, spoke about the role of NGOs operating in conflict zones. Using slides, he explained how NGOs depend on the military parties involved to recognize and respect the Geneva Conventions. Under the laws, military actors are required to provide humanitarian aid to civilians caught in the combat areas. If they were not able or unwilling, the 4th Convention “recognizes the ability of NGOs and for the International Committee to the Red Cross to alleviate these sufferings when the protecting powers are not.” 
 
Article 63 of the 4th Convention states:
 
“(a) recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences. Other relief societies shall be permitted to continue their humanitarian activities under similar conditions;”