International humanitarian law and impunity of powerful states - the case of the United States
Presentation
"Those who seek to bestow legitimacy must themselves embody it; those who invoke international law must themselves submit to it" Kofi Annan, United Nations Secretary-General
The International humanitarian law (IHL) fixes rules to be obeyed in any armed conflict. Associations commit themselves with the ICRC (International Committee of the Red Cross) to defend and enforce this law. The ADIF was established to contribute to this goal, in particular by scientists, following a session in July 2002 of the Division of Human Rights of UNESCO. The ADIF intends to contribute by bringing information to a wide audience about the fundamental principles of the IHL, and to alert on presumed violations of the IHL, by various initiatives such as conferences on specific States or themes (attacks against civilians, bombing of civilian populations, use of nuclear, chemical or bacteriological arms, ...).
The Geneva conventions have foreseen a principle of universal jurisdiction in matters of war crimes, according to which any signatory state has the duty to arrest any person suspected of having committed or ordered such offenses, pending prosecution, irrespective of his/her nationality or place of the offense. In fact states most often do not hold to their commitments. The establishment of international courts represents a real progress; however, in order not to appear totally hypocritical, international justice must apply to all and not be the justice imposed by the victors. In practice, the leaders of powerful states enjoy total impunity, with severe affects on the IHL and its credibility. This is why the ADIF pays particular attention to this question.
The case of the United States who, as a world power, should be blazing the trail toward the IHL, appears paradigmatic in this respect. To date they have not signed the additional 1977 protocols to the fourth Geneva convention; oppose actively the International Criminal Court; create no-law zones such as Guantanamo; and force states to sign bilateral agreements granting immunity to US citizens. They persist in a unilateral policy based on military force which severely violates IHL and leads to great numbers of civilian victims.
"Best wishes for a successful event"
President Jimmy Carter, 28 Février 2005