§ Mr. Biggs-Davisonasked the Secretary of State for Foreign and Commonwealth Affairs whether he will make a statement on the decision of the Diplomatic Conference on Humanitarian Law that guerrilla fighters should enjoy the status of prisoners of war.
§ Mr. LuardOn 22nd April 1977, Committee III of the Diplomatic Conference on Humanitarian Law in Armed Conflict adopted a draft article concerning the treatment as prisoners of war of guerrillas who form part of organised armed forces. The United Kingdom was among the 18 delegations that abstained in the vote on this article, which has still 111W to be considered in the plenary session of the conference.
The main reason for the United Kingdom's abstention was that the article could be interpreted in ways that would erode the present distinction between lawful combatants and civilians, and would be likely to expose innocent civilians to increased risk of attack should they be mistaken for guerrillas during combat. The article is for inclusion in draft Additional Protocol I to the Geneva Conventions of 1949 and would be applicable only to armed conflicts of an international character. It would not apply to terrorist activities in peace time, including the present or any foreseeable future situation in Northern Ireland.
I am placing in the Library of the House a copy of the draft article and a copy of the explanation of vote made by the United Kingdom delegation.