Interview A long game: humanitarian law at a crossroads 75 years after Geneva
September 21, 2024
The International Committee of the Red Cross (ICRC) collaborated with the Swiss Embassy in Addis Ababa to commemorate the 75th Anniversary of the four Geneva Conventions (GC75) and launch the International Humanitarian Law (IHL) Caucus at the Skylight Hotel on September 16, 2024.
Themed “Towards preserving our shared humanity: Is IHL still fit for purpose?”, the conference brought together a distinguished group of participants, including Bruce Mokaya, head of the ICRC Delegation to the AU, Churchill Ewumbue (Amb.), Cameroonian permanent representative to the AU, Mohamed Gad (Amb.), Egyptian ambassador to Ethiopia and permanent representative to the AU, and other notable guests.
The conference also focused on addressing critical humanitarian violations in Africa and worldwide. Speakers highlighted that the Geneva Conventions represent a practical balance between military necessity and humanitarian obligations, designed to protect the lives and dignity of the most vulnerable during times of conflict. However, they also underscored the grim reality of current armed conflicts, where civilians continue to suffer and die in significant numbers, as if the lessons from the horrors of World War II have been forgotten.
Pietro Mona, Swiss ambassador to Djibouti and permanent representative to the AU, IGAD, and UNECA, was among the participants. He noted that Ethiopia was one of the first nations to ratify the Geneva Conventions and stressed the importance of reflecting on the international community’s current position and the work that needs to be done to advance the principles set out in the Conventions.
He observes that while the international community has made progress in protecting civilians and non-combatants from the devastating impacts of armed conflicts, there remains much to be done.
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Abraham Tekle of The Reporter spoke with Pietro to delve into the ins and outs of the implementation of the Geneva Conventions, highlighting their importance in addressing and controlling widespread atrocities worldwide, the ICRC’s role in preventing humanitarian abuses in Ethiopia and the Horn of Africa, as well as Ethiopia’s pursuit of sea access, among other key issues. EXCERPTS:
The Reporter: Since the Geneva Conventions were adopted by all states in 1949, violations have occurred year after year, culminating in a critical situation in today’s world. What are your thoughts on this issue? Who should be held accountable for the ongoing breaches of the conventions?
Pietro Mona (Amb.): At the end of the day, I think we as an international community can give ourselves rules. And I think this is important to reflect on the idea that the Geneva Conventions were negotiated, drafted, or adopted just a few years after World War II. And I think at that moment, the ambition was really to say, we need to have rules to protect civilians, also in the darkest of times, hoping that those would never come again, but in the case, they would come, they would have common rules. And this is the background of the Geneva Conventions. At the end of the day, as with any law, both national or international, there are people who violate them. In these situations, pertaining to international law, us, as an international community, we have to speak up. We have to find solutions. We have to make sure that through preventive measures, in the future, the breaches of Geneva Conventions are not happening anymore.
But more importantly, I think we should never give up. We should never fall into considering, why we even bother, if we have now more than 120 armed conflicts around the world, when we have massive violations, egregious violations of the Geneva Conventions. I think we who believe in the Geneva Conventions have to stand up, speak out, make sure that together we can move ahead, address these breaches of the Geneva Conventions, and make sure that in the future, this won’t happen again.
What are the major factors contributing to the egregious violations of the Geneva Conventions?
Well, at the end of the day, you know, why does somebody jaywalk? Or, why does somebody get these individual interests? You want to win a war? You disrespect some of the International Humanitarian Law (IHL) rules that you find as an impediment. You want to punish your opponents, the warmongers on the other side. You stoop to the level of bombarding schools or attacking schools. We have to acknowledge that, as human beings, we are able to do incredible things, including with regard to creating instruments of international law. But, as we’ve seen throughout humankind’s history, we are also able to commit atrocities. And this is why we need to strengthen our international law system to limit the atrocities.
During the conference, it was repeatedly emphasized that states should play a leading role in addressing and controlling these widespread atrocities. In this context, where do you place the primary responsibility on the states?
In the Geneva Conventions, the common Article 1 states that states have to respect international law and that they have to ensure the respect for international humanitarian law. This is a principal call, recognizing that states are the principal actors of international law. Now, over time, and this is also why we had two additional protocols, the Geneva Conventions, we also recognized, or the international community also recognized that there are non-state actors, for example, that commit atrocities, that are involved in armed conflicts. And I think now, over time, our understanding has also evolved to include non-state actors as having a responsibility with regards to IHL. I think this is an important evolution and this is why also the ICRC is doing a lot in reaching out also to non-state actors and telling them they also have to abide by certain principles. You may not have ratified the Convention, legally speaking, but there are common principles of humanity that all of us should abide by if we are in an armed conflict or in a war.
What role does the ICRC play in safeguarding civilian rights and addressing humanitarian abuses?
The ICRC is actively engaged in preventing humanitarian abuses through its work with both armed forces and non-state actors. They visit prisoners of war, facilitate communication between families, and assist in the release or exchange of prisoners. Additionally, they advocate for adherence to international humanitarian law, operating under the principles of neutrality, impartiality, independence, and humanity. While the ICRC does not take sides in conflicts, it works tirelessly to protect civilians, often in extremely challenging conditions, ensuring that even in the darkest times of armed conflict, humanity is upheld.
You mentioned there are over 120 active conflicts globally. Considering your role in assessing the implementation of conventions, including the situation in Africa and in Ethiopia, how do you evaluate the ongoing atrocities, crises, and human suffering in both Africa and Ethiopia?
Obviously, any armed conflict in any war, in any part of the world, is something that is of concern to us. This affects the people, this affects the countries, this affects the regions. Additionally, armed conflicts are a hindrance to social development, to economic growth. It creates a lot of humanitarian suffering. Whenever there is a conflict anywhere in the world, as Switzerland, we are offering our good services. We are ready to mediate if so wished by the parties involved. But oftentimes, at the end of the day, I think the solutions really have to come from within the country, from within the warring parties, to find lasting peace.
Like I said, I think any conflict around the world is something that we hope that a peaceful solution can be found, a cessation of hostility can be found as quickly as possible. Because as we see now in the situation in Sudan, for example, Sudan has become the biggest humanitarian crisis in the world, affecting millions of people, destabilizing not only the country but the entire region. As an international community, we do have a keen interest in contributing, if possible, to finding a peaceful solution to the situation.
Given your active evaluation of humanitarian issues, much like Sudan, Ethiopia has faced similar consequences following the northern Ethiopian war and other ongoing armed conflicts. What is your perspective on these issues?
I believe the Pretoria Agreement was a significant step forward for Ethiopia. From my understanding, the adoption of the Transitional Justice program is another crucial and important move. These are the right steps which are important in the effort to restore law and a lasting peace in the country.
As a permanent representative of the Swiss government to the AU and IGAD, what role have you played in consulting with the Ethiopian federal government regarding the humanitarian crisis and ongoing conflicts in the country?
I’m not interacting with this issue.
You have never engaged in consultations with the federal government on these issues being the permanent representative to the AU and IGAD?
No. Not me. This is because I am not the ambassador to Ethiopia. This is why I don’t officially interact with the Ethiopian officials or interact with such related issues directly.
How about the full application of the Geneva Conventions in relation to the expected marginal level? Can you say that it is effectively implemented as expected?
I don’t have that level of detailed information to provide a qualified answer. I don’t want to speculate on something without having the necessary information to make an informed comment. However, I’m sure there are institutions and organizations that evaluate this and provide informed insights on the level of its proper implementations.
Are you able to identify the key challenges hindering the proper implementation of the Geneva Convention here in Africa and around the world?
I think the Geneva Conventions outline certain rules and principles that must be respected by states that have ratified the Conventions. However, like other laws, some actors choose to ignore international law, possibly seeing an advantage in disregarding that law. Maybe because, unfortunately, there are often insufficient mechanisms to ensure any source of impunity.
We created international courts, such as those addressing war crimes and crimes against humanity, but they are not always utilized, nor are they always able to deliver judgments on situations. It’s essential to continue strengthening the international justice system, including the International Criminal Court, ensuring it is respected, well-resourced, and empowered to do its job. This will help reduce impunity for crimes committed during and after armed conflicts or wars took place.
What specific agenda or agendas do you plan to pursue in the coming years to prevent such crimes?
Switzerland, as a non-permanent member of the UN Security Council until the end of this year, has prioritized the protection of civilians. We’ve also passed a UN Security Council resolution focused on safeguarding humanitarian workers in the field. We strongly support the International Criminal Court and are a major supporter of the ICRC, the International Federation of the Red Cross, and national Red Cross and Red Crescent societies, all of which do a fantastic job in protecting civilians in difficult situations. This gives you the idea of some of our global activities. Switzerland is globally promoting to ensure better protection for civilians and greater respect for the Geneva Conventions.
What can you say about the bilateral relationship between Ethiopia and Switzerland given your line of work?
It is not within my purview to comment on such matters.
In order to improve the humanitarian situation in Ethiopia and across Africa, what actions should be expected from governments, the international community, including Switzerland, the ICRC, and other relevant stakeholders to protect humanity from such persistent crises and atrocities?
I think what we saw today, for example, the launch of the IHL Caucus of African Ambassadors, is a very important initiative. I think these are all signs that together we can really make a difference. But it takes all of us working together. And sometimes we also have to have difficult discussions on aligning our understanding of a certain situation. And when it comes, for example, to an armed conflict in a certain region, assessing the situation on the ground, making sure that we have a common understanding and that we join forces also in making sure that we use platforms such as the UN Security Council to bring the international community’s attention to a specific situation, to take the necessary steps together to address that, and also to speak to those parties involved in that conflict saying, you have a certain set of responsibilities. You have to respect them. At the end of the day it is also in your interest that your soldiers and your civilians are protected better.
But at the end of the day, it’s a long game. It’s often frustrating because it hurts seeing so many people suffering and not being able to quickly find a solution. Nonetheless, I think we owe it to the people. We owe it also to ourselves. We owe it to the credibility of the international system that we don’t give up and that we continue working with those partners who are willing to make a difference based on the Geneva Conventions.
Have you had any contact with armed groups for peace mediation?
No, not personally.
What about at the departmental level?
No, I mean, we have in the past also mediated, or facilitated mediation in our conflicts in other parts of the world but not in Ethiopia. Here we were not involved. And sometimes you need to talk to whoever can bring a solution to the table. And I think it is important that we maintain this flexibility and openness. It is important to note that Switzerland is a neutral country. Neutrality is really enshrined in our constitution as a building block of our country and also of our foreign policy. We oftentimes have the credibility amongst warring parties to mediate. And if so asked, we facilitate. And in these situations, it may happen that we both talk to state actors and non-state actors.
As a representative of the Swiss government, a permanent delegate to the AU and IGAD, and the ambassador to Djibouti, how do you assess Ethiopia’s political affairs within the regional geopolitics of the Horn of Africa in general, and in light of the ongoing humanitarian crisis, the conflicts in Sudan, and the political tensions between Ethiopia and Somalia?
I think the Horn of Africa is a fascinating region. It’s a vibrant region that has gone through a troubled time. But I do believe in the resilience of the people in the region. Living in Ethiopia, I saw the resilience of Ethiopian people. And I really believe that good times are coming. At the moment, looking around Ethiopia, it doesn’t necessarily look that way, with many conflicts and tensions. But given the immense potential that you have here in the Horn, the fantastic people and the great resilience, I’m hopeful, certainly, for a bright future. That’s the expectation.
How do you assess the current political tensions between Ethiopia and Somalia?
This is something that is not up for Switzerland to interfere. This is something that those parties who are concerned about a specific situation, where they have to figure it out by themselves. Again, if there are other actors that can facilitate a dialogue, why not? But oftentimes, I think, solutions have to be found between those who have problems. And this is why I think it’s none of my business to interfere in any of these discussions.
Do you have any comments on Ethiopia’s quest for sea access?
No. I mean, we are also a landlocked country.
Given the complex and the volatile situations in the region, what are your expectations for the future? What do you think will be the outcome in the Horn’s geopolitical affairs?
As I said, I think, looking ahead, there is such incredible potential in the region that I am really hopeful, and I do believe in it, that things will turn out to be better in the region. I’m not talking about a specific country. At the moment, the situation in Sudan is particularly worrying to us. But, again, I think we have to believe in the ability for the region to really utilize the incredible potential that it has, economically, socially, and culturally. And this is why I hope for a bright future to come. It takes time, but step by step with good leadership, a clear vision, and the ability to set tensions aside before they escalate, as it happens in Sudan. However, apart from that, I think the region can really become a very interesting area.