Treaties, States Parties and Commentaries
Treaties and Documents
Geneva Conventions of 1949 and Additional Protocols, and their Commentaries
Historical Treaties and Documents
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.
. -- CONTROL
It is only reasonable that a belligerent who recognizes a zone established by the enemy should be able to demand the setting up of a supervisory body to ascertain, for example, if the obligations arising from Articles 4
of the Agreement are duly fulfilled.
The drafts submitted to the Diplomatic Conference stipulated that this function should be entrusted to the Protecting Power acting for the State which had recognized the zone. It would have been possible in that way to make use of an organization ready to carry out the work on the spot. The Conference was nevertheless unwilling to agree to this solution, as it considered that the Protecting Powers were already overburdened with tasks of all kinds.
The Draft Agreement accordingly entrusts supervision to Special Commissions. There is no indication, however, of their composition [p.636] or of who will appoint their members. These points will have to be settled at the time the Agreement is concluded. The members of the Commission will no doubt be neutrals, chosen by mutual agreement between the belligerents and representing either the Protecting Powers or other neutral States.
The Agreement does not specify the qualifications and qualities which members of the Commissions must possess. As their main duty will be to supervise the execution of measures of a military nature, it will usually be desirable to obtain the assistance of officers, such as the military attachés of the Protecting Power or other neutral Powers. It would also be desirable for doctors to take part.