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Geneva Convention, the first casualty of war Jordan Times, 3/26/03
WHENEVER THERE is armed conflict, the 1949 Geneva Convention becomes immediately applicable on the combatants. The Fourth Geneva Convention is directly applicable on the occupying power or powers, which, in the case of the current war in Iraq, are the US and Britain whose forces have admitted to occupying vast Iraqi territories. This means that the welfare of the Iraqi people who come under occupation must be protected by these occupying forces. The Third Geneva Convention, on the other hand, stipulates the rules of war which both the Iraqi and the US-British coalition armies must observe, including the treatment of prisoners of war (PoWs), the rules of engagement and types of weapons that can be used. The treatment of Iraqi, US and British POoWs became an international issue this week as television footage showed Iraqi POoWs being searched and handcuffed, and American PoWs being interrogated. The showing of corpses of Iraqi and US soldiers also caused an uproar worldwide. The trouble with international humanitarian law, as is the case with other aspects of international law, is that they are susceptible to various legal interpretations. In this day and age, when the media are practically unstoppable in showing the ravages of war, there is really no effective way to stop international television networks from displaying victims of the Iraqi war including its casualties, be they Iraqi, American or British. So when Iraqi cities and other urban areas are bombarded by aerial and ground attacks, some of which are indiscriminate in nature, many innocent Iraqi civilians became the first victims of the war. The portrayal of these early victims on TV networks cannot be prevented. Likewise whenever there is a capture of prisoners of war by either side in the conflict, the mass media are usually the first to chronicle and document their capture. So too when the casualties result in the death of soldiers. As disturbing and painful as some of these broadcasts may be, and as many of those who know warfare firsthand have indicated, such pictures work to drive home the horrors and senselessness of war. It is a fact that when there is a war, the first casualty is the Geneva Convention. This does not mean that the combatants should not endeavour to do their utmost to safeguard the salient elements of the relevant international humanitarian laws. It is unfortunate that when a war breaks out, combatants seldom fully observe the rules of war, whether they apply to territories occupied, or the conduct of the war itself. That is why the international community now has the International Criminal Court with wide jurisdiction to bring to justice all those who commit crimes against humanity or war crimes or acts of genocide. Violators of the Geneva law during the course of the US-UK war on Iraq will be brought to account for their actions or inaction one way or another.
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