The Geneva Convention and Safe Havens The general understanding of what a safe haven ought to be under humanitarian law boils down to a “location within the disputed country of territory, neutral, free of belligerent activity, to which humanitarian access is ensured”. The 1949 Geneva Convention regarding the Protection of Civilian Persons in Times of War is the first attempt to define the guiding principles of a safe haven policy. Article 15 states that any party to a conflict may propose to establish “neutralized zones intended to shelter from the effects of war” the “wounded and sick combatants or non-combatants” and “civilian persons who take no part in hostilities”. The humanitarian nature of these zones is highlighted in Articles 23 and 59: parties shall permit “the free passage of all consignments of essential foodstuffs”, medical supplies and clothing to these zones. The understanding of how these ‘safe zones’ should be implemented is clearly based on the notion of consent: Article 14 states that the parties concerned may “conclude agreements on mutual recognition of the zones and localities they have created”. The other important element that seems to shine through the Convention is the non-military aspect of the zones. It is limited to civilians and it is emphasized that they must “perform no work of a military character”. The most successful example of establishing this type of safe zone was during the Sino-Japanese war. A zone was negotiated between the parties in Shanghai, sheltering 250,000 Chinese. However, these ‘Geneva places’, based on consent and on their non-military nature, have not often been implemented. |