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Geneva Conventions: Always relevant

2019-12-21T22:56:02.820Z


Jean-Daniel Ruch


70 years ago, four Geneva Conventions were adopted. Together with the Genocide Prevention Convention (1948) and the Refugee Convention (1951), they point to the determination of the generation envisioned in the horrors of World War II and the Holocaust to say "never again - and we mean it." It is no coincidence that some leading Jewish and Israeli jurists, including Raphael Lemkin, Rene Kasan, and Jacob Robinson, were among the chief planners of the postwar international legal arrangement.

This art is part of the most approved international law corpus in history. They instruct countries on how to treat the injured and sick during land war (First Convention) and naval (Second Convention), they teach how to treat prisoners of war (Third Convention) and how to protect civilians (Fourth Convention).

Countless examples of life-saving and relief can only be found thanks to the fact that warriors obeyed the Geneva Conventions. However, many violations still occur, some of them very serious. There is no dispute that more needs to be done to ensure that war parties, both states and non-state armed groups, are more respectful of international humanitarian law.

Regarding the territories of Judea and Samaria, the Security Council has approved several times that the establishment of Israeli settlements is a violation of international law. The Fourth Geneva Convention establishes precise rules that will ensure respect for the civilian population under occupation. Its numerous provisions also include the absolute prohibition of collective punishment and the transfer of a civilian population of the occupying power to occupied territory.

One path that has been examined in the last 25 years is the development of an international legal system. Unfortunately, I have personally witnessed the atrocities of the Balkan wars of the 1990s and those of the civil war in Syria after 2011, as well as the efforts made to address these violations. In 1993, an international tribunal was established to investigate international crimes, including war crimes, committed during the wars in the former Yugoslavia. During the tribunal's mandate, which ended in 2017, 90 people were tried - some of them for "the worst crime of all," namely: the genocide of Bosnian Muslims in Severnice in July 1995. I was honored to serve in this tribunal at the height of its action. On the subject of Syria, unfortunately, despite the initiative taken by Switzerland in 2013, the Security Council did not refer the situation to the International Criminal Court for investigation and prosecution of the crimes committed there.

Israel and Switzerland have a lot in common. This year we are also celebrating 70 years of prosperous relationships. We are leading nations in science and innovation. Our scientists, researchers and entrepreneurs work quite a bit together to design a better world. Precisely as small countries with limited power and measured resources, our ability to determine our future depends on our ability to always maintain a competitive edge with the rest of the world. To do this, we need a liberal order based on rules that apply to all. We should be the last to want world power instead of the rule of law. International humanitarian law, including the Geneva Conventions of 1949, is part of the legal structure of the world. Respecting these arts and taking care of them are the best investment for the future of our children.

Jean-Daniel Ruch is the Swiss ambassador to Israel

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Source: israelhayom

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