Delegates of 97 nations to the Diplomatic Conference on the Humanitarian Law of War in Geneva voted unanimously on 10 June to add two new protocols to the 1949 Geneva Conventions on the treatment of prisoners of war, the sick and wounded and the protection of civilians in 'occupied areas. The decision, which comes at the close of four years of preparatory work by the International Committee of the Red Cross, is in response to new types of conflict, other than nuclear warfare, that have developed since World War II. The new protocols have important implications, in particular, for the armed liberation struggles being fought in Southern Africa. They include an article defining the "practices of apartheid" as a war crime.
The first protocol, consisting of 102 articles, sets out a modern code of combat law for the first time since the 1907 Hague Treaty. Among other provisions, it prohibits the starvation of civilians, the destruction of crops, saturation bombing of cities and the destruction of dams where this will entail large loss of civilian life. Grave violations would, in appropriate circumstances, lead to determination of criminal responsibility in due course.
Under Article 1 of the first protocol, the definition of international war has been widened to include liberation struggles, or "armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination".
The second protocol of 28 articles, marks an attempt to extend the Geneva Conventions to internal conflict situations such as civil wars and insurrections.
Under the new protocols, nationalist guerrilla fighters have been accorded prisoner-of-war status with the proviso that "during each military engagement and during such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate", a guerilla must distinguish himself or herself from civilians by carrying his or her weapons openly. If a guerilla fails to meet these requirements, he will lose his right to be treated as a prisoner-of-war but "he shall, nevertheless, be given protections equivalent in all respects of those accorded prisoners of war by the Third (Geneva) Convention".
Paid mercenaries, on the other hand, gain very little protection, being denied combatant or prisoner-of-war status. They are defined as persons "motivated to take part in hostilities essentially by the desire for private gain", and who are paid substantially higher wages than ordinary soldiers or officers. The definition specifically excludes a "member of the armed forces of a party to the conflict, or any state and sent by that state".
The two new protocols will be opened for signature on 11 December 1977 by the depository state, Switzerland. According to the London Times, the first protocol is expected to be ratified by between 120 and 130 states in the course of the next decade, and the second by perhaps half that number.
The developing war situation in Zimbabwe in recent months has prompted the International Committee of the Red Cross (ICRC) to approach the parties involved directly to encourage the application of established humanitarian laws and principles. Discussions with the leaders of all delegations to the 1976 Geneva constitutional conference were followed on 14 January 1977 by a written appeal from the ICRC President, Mr Alexander Hay.
The Patriotic Front of the Zimbabwean liberation movement, led by Joshua Nkomo of ANC (ZAPU) and Robert Mugabe of ZANU, has since 10 June responded to the new protocols by issuing a Declaration of Intent to Ratify, indicating the Front's "readiness to comply with the high ideals contained in the humanitarian law which ideals are in accord with the philosophy of our organization and practices of our fighters". "We cannot expect the illegal Smith regime in Salisbury to formally ratify these protocols", the statement continued, "but we do expect a reciprocal declaration of intent by the regime in Salisbury to the effect that they shall all least comply with the basic principles of the humanitarian law, in their treatment of the freedom fighters".
Up until recently, the Smith regime has maintained publicly that the situation in Zimbabwe is not one of war, and that the activities of the security forces are first and foremost a police operation against "criminal elements". This position has shifted with the creation of a new Cabinet post of Minister of Combined Operations in February this year, and the elevation of the Commander of the Army, Lieutenant-General Peter Walls, to Command of Combined Operations. The army is now given priority in co-ordinating the war effort and in the deployment of conscripts. At the end of March, the Rhodesian Sunday Mail announced that "the terrorist war . . . has now become war in the fullest sense and is being treated as such by the Government".
This does not mean, however, that there will be any change in the regime attitude towards captured guerilla fighters. According to the Minister of Defence guerillas are "scum and must be treated as such". Roger Hawkins, Minister of Combined Operations, has explained that while "the emphasis (has) swung to a military operation as opposed to a policing one...the terrorists are not soldiers, who are national ions of another country at war with Rhodesia, they are Rhodesians guilty of treason to their country. Capture of a terrorist will continue to be held responsible for, and the responsible acts, including their wanton murder of civilians, their acts of barbarism against civilians and their killing and injury of Security Forces." Despite the regime's encouragement in other contexts, of the idea that Rhodesia is under attack from external sources, it is clear that as far as the judiciary are concerned, guerillas will continue to be treated as criminals.
