ICRC databases on international humanitarian law
  • Print page
Commentary - Art. 12. Annex I : Draft agreement relating to hospital and safety zones and localities
    [p.639] ARTICLE 12. -- OCCUPATION


    The first mention of an obligation was in the proposals submitted by the International Committee of the Red Cross to the Conference of Experts in 1947: the idea was maintained in the various drafts, and in the final text of 1949.
    Under the terms of this Article, however, the Occupying Power may modify the purpose to which the zones are put. The reference here is to persons admitted to the zones and sheltered there. The Occupying Power will be free to place its own wounded in a hospital zone or other persons in a safety zone, provided they belong to the requisite categories. It must first, however, make suitable arrangements for those who were there at the time of occupation. Moreover, it is not entitled to expel the local population.
    The Draft does not say when the zones are to cease to exist as such. The prevailing opinion would appear to have been that this was a question for the establishing State to decide i. As the obligations laid upon the establishing State are at the same time safeguards for the enemy, it would be advisable for the Agreement to fix the conditions governing the winding up of these zones, or, at least, for the utilization of the zone to be limited to a fixed period, which could, if necessary, be extended.


    Notes: (1) [(1) p.639] See René CLEMENS: ' Le Projet de Monaco ', p.
    222;