Protecting power and its role in Implementation of Humanitarian law

1. Protecting power and its role in Implementation of Humanitarian law Karna B. Thapa Facultyof Law, T.U.

2. PROTECTING POWER? A neutral or other state not a party to the conflict which has been designated by a party to the conflict and accepted by the adverse party and has agreed to carry out the functions assigned to a protecting power under the convention and this protocol; (sec. 2 (c) Protocol I)

3. Basic criteria • Should be a neutral state or • Any other state not a party to the conflict • Should be accepted by a adverse party • Has agreed to carry out the function of protecting power

4. HISTORY OF PROTECTING POWER: Concept found existing in ancient period History goes back to 16th century Problems of POWs in First world war drew attention and led to the expansion of idea of protecting power Article 86 of 1929 Geneva Convention ( POWs) gave legality to the idea

5. Considering the utility of the provision All four Geneva Convention of 1949 contain provisions regarding protecting power • (Article 8-10 GC I, • Article 8-10 GC II, • Article 8-10 GC III and • Article 9-11 GC IV).

6. PROCEDURE FOR APPOINTING PROTECTING POWER: Four possible ways of appointing the protecting power; ( Article 5.2 Protocol I) First, protecting power may be appointed by trilateral agreement between determining party, opposing party and protecting power. A belligerent State may appoint a state which is not engaged in the hostilities and subject to the approval of the state engaged in the armed conflict

7. Second, appointment of protecting power through the mediation of ICRC Upon failure of trilateral method for appointing protecting power ICRC may accomplish appointment of protecting power through the mediation efforts. • Third, Summon to conflicting party by the ICRC to appoint the Protecting power

8. ICRC may call to each conflicting parties to submit a list of at least five states which could be appointed as a protecting power. Each opposing party could be called concurrently to submit a list of at least five states which could be recognized as protecting power. ICRC compares both of the lists and request the consent of a state specified in both lists to act as a protecting power.

9. Fourth, appointment of ICRC as substitute protecting power • incase no appointment could be made through this method the other possibility exists to designate ICRC or an impartial humanitarian agency as substitute protecting power.

10. APPROVAL OF THE DELEGATION: • Only to appointing protecting power is not sufficient. The delegates appointed by protecting power shall be subject to approval of the power with which they are to carry out their duties.

11. DUTIES AND FUNCTIONS OF PROTECTING POWER • To safeguard the interest of parties to the conflict • To ensure compliance with international humanitarian law • The delegates have free rights of access to the place of internment of POWs. • They have right to enter the place where the protected persons may be, the place of confinement, place of internment, place of work

12. They have the right to attend the trial of war criminals, civilians in occupied territory • They have the right to determine whether sufficient food stuffs, medical supplies are available • They have the right to verify that the cultural property convention is executed.

13. The protecting power not only is responsible to protect the interest of the conflicting party on whose side they are appointed they have to monitor, or evaluate the implementation of Geneva Conventions and the Protocol.