Treaties, States Parties and Commentaries
  • Print page
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;