Inaugural speech for the hon'ble minister at the second regional south Asian conference on International Humanitarian Law on 'from law to action-IHL implementing legislation' (Foreign Minister)
Dhaka, 14 Feb 2010
Excellencies,
Distinguished Guests
Ladies and Gentlemen,
Good Evening.
It is my great pleasure to welcome you all to the inaugural session of the Second Regional South Asian Conference on International Humanitarinal Law (IHL) on the theme 'Form Law to Action ' IHL Implementing Legislation.'
I thank the ICRC Delegation in Dhaka for arranging the Conference and inviting me for the inaugural speech. My special thanks go to Mr. Christoph Vogt, the ICRC Delegation Head, who, within a short time of his coming to Dhaka as the new Head, has become fully engaged with the initiative.
I want to thank the distinguished speakers before me discussing various aspects of international Humanitarian Law and the Work of ICRC [- some with their personal experiences of association, with early years of ICRC's work in a newly independent Bangladesh]. I intend to focus more on the theme, and the relevance of the regional conference.
Ladies and Gentlemen,
The history of humankind, in much of its documented existence, and conceivable, in its entire unrecorded prelude, has been punctuated with violent conflicts. Such adventures over the past millennia claimed lives of millions, and caused suffering to millions more, who were left wounded and uncared for in the battlefield, It was the International Committee of Red Cross that in the mid 19the century, under the leadership of Henry Dunant, stepped in and began to fill the humanitarian void in conflicts situations, Dunat, as we all know, was befittingly honored with the first 'ever Nobel Peace Prize in 1901, which in its citation, referred to his founding of the International Red Cress Movement as ? the supreme humanitarian achievement of the nineteenth century.
Over the years his initiative matured into an institution respected worldwide, responding to the need of the victims, defending their dignity, and ensuring that humanity prevailed even in war and conflict. It championed rules to respect, and conditions to comply, even during belligerence and other armed conflicts. The work of the ICRC was the inspiration of the First Geneva Convention. The record of its dedication to the defenseless, for over a century of its work, in countless humanitarian missions, led the states parties to the Geneva Conventions to give the ICRC, in the mid-20the century, the mandate to protect victims of international and internal armed conflicts.
Ladies and Gentlemen,
The customs, and the laws of war, through various instruments and practices, grew into a full-blown legal corpus, which defines the roles and responsibilities of belligerents and the neutrals, of individual and those engaged in warfare, of their relations to each other, and about treatment of protected persons. Many of the legal instruments are now accepted as customary law-states are bound to pursue theme irrespective of whether they are signatories or not. This makes it indispensable for practitioners to have knowledge of humanitarian norms for protection of victims of armed conflicts.
Although much of International Humanitarian Law has been codified in the form of Hague Convention, Geneva Conventions and their Additional Protocols, these are, in effect, the collective contribution of all human civilizations, including South Asia. Rudiments of humanitarian laws, for instance, can be traced to ancient Indian records. The Laws of Manu, or Manava Dharma Shastra, Describes the types of weapons that should not be used, 'When he fights with his foes in battle, let him not strike with weapons concealed in wild, nor with barbed, poisoned, or the poets of which are blazing with fire,' There is also the command not to strike a eunuch nor the enemy - who folds his hands in supplication, nor t on we who looks on without taking part in the fight Islamic Law, which came to this region much later, also holds that 'noncombatants who did not take part in fighting, such as women, children, monks and hermits, the aged, blind, and insane' were not to be molested, But irrespective of origin and contribution, we have for long come to regard much of the IHL as a heritage of humanity, of something of concern to all of us. It is in this context that we consider the need to study the laws, to disseminate them, and to apply them with appropriate legislature in our own states.
Today, all nations have ratified the Geneva Conventions, thus recognizing a legal obligation to uphold their provisions in times of conflict. In ratifying these Conventions, nations agree to educate their military and the pblic,. it is important to realize that upholding IHL is not a moral duty; it is an obligation. The more knowledgeable members of the armed forces and the general public are about the law, the more likely it is to be adhered to and upheld. It must be fully understood that IHL is an essential part of the conduct of states, and their agents. The most effective means of securing compliance with these humanitarian rules is through widespread public education in peacetime. Let me emphasize, dissemination of humanitarian laws in time s of peace is as important as its application during armed conflicts. I again commend the ICRC for organizing the regional conference for spreading education and promoting its understanding and appreciation in the public domain.
Ladies and Gentlemen,
I am confident that the Second South Asian IHL Conference, with its focus on implementing IHL legislation, will go a long way in raising awareness for following them through. In a word which has witnessed so much warfare and internal conflict, and where millions become victims to civil strife every day, it is important that our policymakers, our members of the armed forces, and our public remain aware of the universality of IHL, and remain vigilant against their violation everywhere.
I note from the agenda that a number of topics of contemporary relevance's, like the 1972 Biological Weapons Convention, the International Criminal court Statute implementing legislation, the Anti-Personnel Mine Ban Treaty, and Convention on Cluster Munitions, among others, have been picked up for analysis and discussion at the conference, I am sure that a focused and interactive discourse on these timely topics will not only open up new doors for States to implement IHL legislation, but also will enhance regional cooperation to work together for their implementation.
Distinguished Guests.
While I thank the ICRC for working with the Foreign Ministry in arranging the regional conference, I wholeheartedly welcome to Bangladne4sh all participants, particularly the resource persons and experts coming all the way to Bangladesh for the Conference. The rapport that you will build with each other during the conference will continue in your individual and joint initiatives in upholding International humanitarian Law, both within and outside of your boundaries. Your vigilance will encourage the parties to conflicts to limit themselves to the use of methods and means of warfare that do not pose a threat, or cause harm to non-combatants, and actively promote the protection of persons caught in a conflict.
While you indulge in your intellectual pursuits, I hope that your stay in Dhaka will also be a pleasant one and that you will return home with fond memories.
I thank you all.
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INAUGURAL
SPEECH FOR THE HON'BLE MINISTER FOR FOREIGN AFFAIRS FOR THE SECOND
REGIONAL SOUTH ASIAN CONFERENCE ON INTERNATIONAL HUMANITARIAN LAW ON
'FROM LAW TO ACTION-IHL IMPLEMENTTING LEGISLATION' SHERATON HOTEL, DHAKA
14
FEBRUARY 2010, 1900 HOURS