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Commentary of 1958 

    As seen above, neither the Convention nor the Draft Agreement lays down the procedure for the setting up of the Special Commissions and the nomination of their members. Article 10 of the Draft Agreement merely gives general directions which cannot be applied by the [p.638] belligerents as they stand. The Agreements concluded should therefore lay down the exact procedure in regard to these two matters (1).

    Notes: (1) [(1) p.638] The following is a brief review of the
    solutions envisaged in the earlier drafts.
    The Monaco Draft proposed a Commission whose members,
    appointed by a specified authority (the Permanent Court of
    International justice or a specially constituted
    international body), "must be approved by the Government
    The draft submitted to the XVIth International Red
    Cross Conference in 1938 provided for two distinct Special
    Commissions, viz.:
    (a) a Commission composed of nationals of neutral
    countries nominated by the Protecting Powers and
    agreed to by the Powers concerned, which was to
    carry out duties from the time the zones were
    brought into actual use:
    (b) an International Commission of Enquiry composed
    of neutrals and set up in time of peace for the
    purpose of intervening on the request of a
    belligerent or of a Commission of Control.
    The 1938 Draft merely proposed having a single
    Commission of control for each country; it was to be
    composed of three neutral members appointed by the
    International Committee of the Red Cross and approved by
    the State concerned.
    The Draft Agreement submitted to the XVIIth
    International Red Cross Conference in 1948 entrusted
    inspection of the zones to the Protecting Powers;
    inspection was to be carried out on receipt of a request
    from the adverse Party;