Title: Too Little Respect for the Laws of War
Thirty years on, 1977 Additional Protocols to the Geneva Conventions remain key to protecting civilians in conflict.
Date & location: Geneva: 6th June 2007; Palestine: Nablus town, Ein Beit Elma Refugee camp, 18 February 2007; Colombia: Medellin, 7 March 2007; Haiti: Port-au-Prince, 10-15 May 2006 and December 2005
Duration: 9'50'' mins
Camera: Palestine: Alain Pentucci, Colombia: Patrick Mounoud, Haiti: Johnny Saunderson, MSF.
Producer: Virginie Louis
Source: ICRC – access all

Preview extracts (RealMedia stream 56Kbs - 128kbs)

For broadcast tapes and information on footage: Virginie Louis, International Committee of the Red Cross, Geneva,

This report will be distributed free-to-air and rights free over the Eurovision News Exchange network on 7 June 2007 at 11h45 GMT as well as transmitted by the Eurovision Worldfeed satellites on Thursday 7th June 2007 at 1400 GMT. It is free of rights and free of charge to all broadcasters in Europe (W3A), the Americas (NSS806) and Asia (Asiasat2)

1. COLOMBIA – ANNA'S STORY. Medellin, 7 March 2007. Camera: Patrick Mounoud

1. 1. VARIOUS NEIGHBOURHOODS IN MEDELLIN, GIRLS IN THE STREETS
1. 2. ICRC OFFICE IN MEDELLIN
1. 3. INTERVIEW WITH GISELA, MOTHER OF 16 YEAR-OLD ANNA WHO WAS RAPED BY FOUR ARMED MEN IN REPRISAL FOR HER BROTHERS' REFUSAL TO BE RECRUITED BY THE ARMED GROUP

"Not only did they threaten us, they raped my 16 year old daughter. That's the reason why we are displaced. We had to leave behind the little that we had."


1.4. INTERVIEW WITH 16 YEAR-OLD ANNA WHO WAS RAPED BY FOUR ARMED MEN IN REPRISAL FOR HER BROTHERS' REFUSAL TO BE RECRUITED BY THE ARMED GROUP

"I felt bad, I was very scared and I'm still scared to leave the house on my own. I don't know, I feel very confused, I often get a headache when I think back to what happened. I don't want to think any more about what happened to me, or what will happen to me today, tomorrow and the day after."

"I didn't feel safe there and I didn't want to stay because I was scared that they would come back and do the same thing again. I said to Mum to go to Medellin."

"I would like to feel calm, to no longer think about what happened to me, and to help my family and myself to move on."

1.5. INTERVIEW WITH KATHERINE ZAPA CARDENAS, ICRC HEALTH OFFICER, MEDELLIN

"The International Committee of the Red Cross talks directly with all parties to the conflict to remind them of their obligations under international humanitarian law with the aim that violations of the law will not recur."


2. INTERVIEW WITH PHILIP SPOERRI, ICRC DIRECTOR FOR INTERNATIONAL LAW (GENEVA, 6 JUNE 2007)


"On the occasion of the thirtieth anniversary of the First and the Second Additional Protocols, the ICRC wants to stress the continuing relevance of these two treaties. In particular, we want to stress how important these treaties are for the protection of the civilian population 30 years after they came to life".

"It is an unfortunate and sad reality that we see, everyday, violations of the law - be it cases of rape against women, as we have seen in the case of Anna, or in cases of not distinguishing correctly between civilians and military, as we have seen in the case of Ashraf. But there are also other cases of simply using methods of terror against civilians as a method of war. It is a fact that the mechanisms to enforce international humanitarian law are still rather weak".


3. PALESTINE – ASHRAF'S STORY. West Bank: Nablus town, Ein Beit Elma Refugee camp, 18 February 2007. Camera: Alain Pentucci

3.1. Nablus town, West Bank, back streets, market, children playing, toy guns hanging up in shop, posters in Ein Beit Elma Refugee camp.
3.2. ICRC vehicle and delegates arrive at the house of Ashraf Said and his family.
Sound in (Arabic) "We are from the Red Cross"
3.3. SOUND IN (Arabic) Ashraf's father, Nasser Mohammad Said, describes what happened to his son in December 2006, pointing out bullet scars on Ashraf's neck.

"Ashraf was wounded in the neck, right here where we are standing. The bullet went in through here, in the jugular vein, and came out here as you can see. Have a look at the scar. They had to put plastic tubes and other parts in his chest and throat but thank God, he now feels better than before. He can tell you about it himself."

3.4. INTERVIEW WITH ASHRAF (Arabic)
"I was playing football. I was with my little brother here. I looked to the right. I saw something was happening. I saw a white bus. In front of the bus, there were four soldiers. They started shooting. I tried to get away. My little brother pushed in front of me. I tried to make him go back into the house. But I was shot here, but I managed to get back into the house. "

3.5. Inside house - Ashraf with his little brother, whom he was able to save from the crossfire.

3.6. Father and children watch on computer screen a recording of the military operation in which Ashraf was injured, taken by neighbours from upper windows, who were celebrating a wedding at the time.
Ashraf looking at photographs of his surgery at the hospital on the computer screen.

3.7. INTERVIEW father, Nasser Mohammad Said
"Whether we are home at night, or at work during the day, we are constantly worried about our children. Whether they are at home or at school, you are always worried that soldiers could come and open fire and hit one of the children."

4. INTERVIEW WITH PHILIP SPOERRI, ICRC DIRECTOR FOR INTERNATIONAL LAW (GENEVA, 6 JUNE 2007)

"Well, there were several breakthroughs [of the Additional Protocols] but I would cite among probably one of the most important, the inclusion of rules pertaining to the conduct of hostilities, thus the means of warfare which are utilised. To understand this principle, it is the principle of distinction namely to distinguish at all times between civilians and combatants but also civilian and military objects.

One rule, which is also included in these provisions, is the rule of proportionality, thus the rule which really takes into consideration the fact that one should distinguish at all times between the reasoning for military necessity and also the requirements for humanity."

5. HAITI: Port-au-Prince, 10-15 May 2006 and December 2005. Camera: Haiti: Johnny Saunderson, MSF.

5.1. General shots of Cité Soleil – Tin shacks, girls in the streets .
5.2. MINUSTAH post within Cité Soleil (Minustah; United Nations Stabilisation Mission in Haiti). Close-up of UN soldiers peeping out from behind sand bags. Inside UN base looking down on the open market of Cité Soleil. Wide shot of the blue police station with gunshot holes in the walls
5.3. MEDICAL EMERGENCY
Taxi driver with Red Cross emblem flag driving fast. Stretcher-bearers running to meet pregnant woman. Haitian Red Cross volunteers leaning down. Pregnant woman lying on stretcher. Taxi ambulance speeding through the streets of Cité Soleil.
Haitian Red Cross volunteers entering Doctors without Borders (MSF) hospital
Woman carried into the hospital on stretcher.
5.4. MSF footage – Female surgeon, war wounded patients being attended, girl taking cover during exchange of gunfire.

6. ITW WITH PHILIP SPOERRI, ICRC DIRECTOR FOR INTERNATIONAL LAW

"I think it is good news that we have a clear legal framework with the Geneva Conventions and the Additional Protocols. However, it is also a reality that very often there is a political will lacking to implement them fully and one has to work on that level as well.

I think that we have nevertheless seen some positive developments in the past few years. One very notable one is the creation of the International Criminal Court in 2002 which clearly sends out the message that there is no longer time for impunity".

9'50'' ENDS

STORY

TOO LITTLE RESPECT FOR THE LAWS OF WAR

Thirty years on, the International Committee of the Red Cross stresses the fact that the 1977 Additional Protocols remain key to protecting civilians in conflict

Anna was raped in reprisal for her two brothers' refusal to join the guerrillas in the Colombian forest. Ashraf was hit by a bullet while he was playing in the streets with his brother during a military undercover operation in his neighbourhood of the West Bank town of Nablus. In Haiti's shanty town of Cité Soleil, people were hit in the crossfire between gangs and the UN peacekeeping forces (MINUSTAH).

"Well, it is an unfortunate and sad reality that we see, everyday, violations of the law - be it cases of rape against women, as we have seen in the case of Anna, or in cases of not distinguishing correctly between civilians and military, as we have seen in the case of Ashraf. But there are also other cases of simply using methods of terror against civilians as a method of war. It is a fact that the mechanisms to enforce international humanitarian law are still rather weak", said Philip Spoerri, ICRC's director for international law.

The 1977 Additional Protocols were drawn up essentially as a response to the increased suffering of civilians in armed conflict due in part to developments in weapons technology. Added to the law of war of the Geneva Conventions signed in 1949 after the Second World War, they introduced essential rules relating to the conduct of hostilities and the methods and means of warfare, the aim of which was to strengthen protection for civilians. In particular, they formulated the important principle of distinction between civilians and combatants and between civilian objects and military objectives.

The 1977 Additional Protocols were also a response to the proliferation of internal armed conflicts for which only one article, article 3, common to the four Geneva Conventions could apply. Indeed, Additional Protocol II was the first treaty ever devoted exclusively to the protection of the victims of such conflicts.

"I think it is good news that we have a clear legal framework with the Geneva Conventions and the Additional Protocols. However, it is also a reality that very often there is a political will lacking to implement them fully and one has to work on that level as well "said Philip Spoerri, ICRC's Director for International Law. He added that " the creation of the International Criminal Court in 2002… clearly sends out the message that there is no longer time for impunity".

On the 8 June 2007, the International Committee of the Red Cross will commemorate the 30th anniversary of the adoption of the first two Protocols additional to the 1949 Geneva Conventions. This marks a milestone in the evolution of how wars are fought, representing one of the most important international legal foundations for the protection of civilians during armed confict. Philip Spoerri insists: "The ICRC wants to stress the continuing relevance of these two treaties. In particular, we want to stress how important these treaties are for the protection of the civilian population 30 years after they came to life".

At present, 167 States are party to Additional Protocol I and 163 States to Additional Protocol II. This makes the 1977 Additional Protocols among the most widely accepted legal instruments in the world. Colombia and Haiti have ratified both Additional Protocols I and II (Haiti being the most recent State to ratify them, in December 2006). While Israel has not ratified either of the Protocols, it is nevertheless bound by a body of universal customary law that is in many respects similar or identical to the treaty-based norms such as those enshrined in the Additional Protocols. This customary law offers a legal framework in situations where the treaties do not formally apply because they have not been ratified.

BACKGROUND STORY ON ANNA - COLOMBIA
Anna, raped and displaced

Anna was living with her mother and her six brothers and sisters and their children on a farm in Antioquia province.
Their farm was their livelihood. Members of armed groups constantly harassed Anna's two brothers to join them and fight as a combatant. They consistently refused and were then threatened with forced recruitment. As the young men continued to avoid the armed group, four men came to the farm, kidnapped their 16 year-old-sister and took her to the mountains. The four of them raped her and brought her back to her village, threatening to kill the family if they reported anything to the city mayor. They were left with no choice but to leave the village without telling anyone, taking only very few belongings. They now live in Medellin and benefit from ICRC 's emergency programmes for displaced people.

Rape victims in relation to the conflict are all too common in Colombia. The ICRC assists by facilitating their access to health services, including testing for HIV/AIDS and hepatitis, and providing them with psychosocial support as well as covering transport and medicine costs.

BACKGROUND STORY ON ASHRAF - PALESTINE
Caught in the crossfire - a narrow escape for Ashraf

In December 2006, 11 year old Ashraf was playing with his little brother at home in Ein Beit Elma Refugee camp in the town of Nablus, West Bank, when he heard the sound of a car accident in the street outside. He went to the door to see what was happening and heard the sound of shooting. He managed to push his brother back into the house for safety. His brother escaped unhurt, but it was too late for Ashraf. He was hit in the neck by a bullet. In the streets of the camp, an undercover military operation was underway in which Israeli soldiers were shooting at suspects who were trying to make a getaway.

Ashraf was found bleeding on the ground by his mother, but the soldiers forbade her at gunpoint to leave the house with her son as the operation was still ongoing. Fortunately, it was not too late for Ashraf. He was taken to hospital in Nablus before being transferred to a hospital in Israel, as the surgery care Ashraf needed was not available in the West Bank. During Ashraf's stay at the hospital, his father was able to receive a permit and visit him every day, but his mother could visit him only once. The bullet shattered his throat and voice box, but seven operations later, Ashraf is back home and has recovered his voice. His parents, however are extremely concerned, "Whether we are home at night, or at work during the day, we are constantly worried about our children" says his father.
During the same incursion, other children and a pregnant woman were also injured.

The cost in human life and suffering is the huge tragedy of the Israeli - Palestinian conflict. A high proportion of the casualties are civilians who have nothing to do with the conflict. International humanitarian law requires that the parties to the conflict take every precaution to avoid injury or loss among civilians, and make a distinction between civilians taking no direct part in the conflict and fighters. As a result, at least 47% of the Palestinians killed since the beginning of the second Intifada in 2000 were not participating directly in hostilities. Though most military incursions happen at night, the incident in which Ashraf was injured happened in broad daylight when children are home from school, and the risk to innocent civilians inevitably much higher.


BACKGROUND STORY ON CIVILIANS CAUGHT IN THE CROSSFIRE - HAITI

Cité Soleil, the largest shantytown in the northern hemisphere, is home to 200,000 to 400,000 people on just two square kilometres. It is a den of armed gangs. Their members have resorted to kidnapping people in the city and hiding them in the Cité, only releasing them in exchange for a ransom. Although recently there has been a relative lull in kidnappings, the gangs impose their rule over the residents, who have no other choice but to obey.

Given the extent of the kidnappings since 2004, the Minustah forces (United Nations Stabilisation Mission in Haiti) and the Haitian national police have had to intervene against the gangs. 2005 was a year of violent confrontations particularly in June and December, which turned the area around Cité Soleil and some of its neighbourhoods into a war zone. Many residents were forced to flee, leaving everything behind.

At the time of the events in 2005 the ICRC considered that the violence did amount to internal armed conflict. Article 3 common to the four Geneva Conventions therefore applied, as well as a body of universal customary law that is in many respects similar or identical to the treaty-based norms such as those enshrined in the Additional Protocols.

At the height of the confrontations the only organisations on site were the ICRC, the Haitian Red Cross (CRH) and Médecins Sans Frontières (MSF). The volunteers in the local office of the CRH evacuated nearly 700 people in 2005, most of whom had gunshot wounds. While on the job, two volunteers received bullet injuries, one in the face and one in the hand. With the help of the ICRC, the volunteers evacuated victims to the MSF hospital using local taxis protected by the Red Cross emblem.