HC Deb 23 April 1991 vol 189 cc412-3W
Mr. Shore

To ask the Secretary of State for Foreign and Commonwealth Affairs whether, in his efforts to provide the Kurds and Shias in Iraq with safe havens, he will approach the International Committee of the Red Cross and other signatories of the four international conventions of 1949, to which Iraq is a signatory, to bring these conventions, including the creation of protected neutral and safety zones as set out in the Red Cross conventions, Draper 1958, into operation.

Mr. Douglas Hogg

The provisions of the fourth Geneva convention, such as article 15 which provides for the setting up of neutralised zones in regions where fighting is taking place, are applicable only to international conflicts. During non-international armed conflict, article 3 of the fourth Geneva convention sets out the minimum humanitarian standards which are to be applied.

The ICRC is, of course, providing humanitarian assistance to those in need in Iraq. We fully support its efforts in this respect.

Mr. Shore

To ask the Secretary of State for Foreign and Commonwealth Affairs whether he intends to take any initiative in association with the International Committee of the Red Cross and other signatories of the four international conventions of 1949 in respect of grave breaches, referred to in section 1 of the Geneva Conventions Act 1957, such as those against Kurds and Shias, including the convention relating to civilians in Iraq.

Mr. Douglas Hogg

Individual Iraqis bear personal responsibility under international law for any grave breaches of the Geneva conventions they order or commit. This principle is reiterated in United Nations Security Council resolution 674.

We are already in regular contact with coalition allies in connection with the collation of evidence which might support criminal charges against Iraqis or others who are in their custody as a result of the conflict. We understand that the Kuwaiti authorities intend to start such trials in the near future.

Back to
Forward to