| Hakim Hayat |
AMID peace and stability, Brunei Darussalam is well-equipped to handle armed conflicts through its excellent grasp of International Humanitarian Laws (IHL) and has served as a benchmark for other countries looking to draft and implement the Warfare Law under the Geneva Conventions of 1949, a visiting official from the International Committee of the Red Cross (ICRC) said yesterday.
The Law of Armed Conflict or the Law of War is the body of rules that, in wartime, seeks to protect persons who are not or no longer participating in the hostilities. It also seeks to limit the methods and means of warfare.
The Geneva Conventions Order of Brunei Darussalam (GCO 2005) was drafted to put into effect the country’s obligations under the Geneva Conventions of 1949.
Through the GCO 2005, Brunei Darussalam has demonstrated its commitment to the laws and principles of IHL, and particularly to international criminal justice.
Having equipped itself with the GCO 2005, Brunei is well-placed to respect and ensure respect for IHL as provided for in the first article common to all four Geneva Conventions of 1949.
Collectively, the Geneva Convention and the Additional Protocols provide for the protection for the wounded and sick, medical and religious personnel, medical units and medical transports, civilians and prisoners of war and regulates the conduct of hostilities in times of armed conflict. Brunei became a party to all four of the Geneva Conventions of 1949 and its two Additional Protocols of 1977.
Fiona Barnaby, Legal Advisor for the ICRC Regional delegation. – DEAN KASSIM
In an interview on the sidelines of a public seminar held at the Hassanal Bolkiah National Stadium yesterday, Fiona Barnaby, Legal Advisor for the ICRC Regional Delegation based in Kuala Lumpur, said that by having the law gazetted, it has become a very important source of authority – such as for the Royal Brunei Armed Forces (RBAF) to guide their doctrines, Standard Operating Procedures (SOPs) and rules of engagement especially for the deployment of international peacekeepers and also for the international monitoring team (IMT) in Mindanao.
“You actually have this body of law standing behind them, supporting them saying this is how you can behave when you go into a place where there is armed conflict,” Fiona added.
She said, although Brunei is blessed with peace and stability, its armed forces is very well equipped and protected with the rules, making them ready in times of conflict.
In Southeast Asia, Brunei is one of only a handful of states that are parties to all the four Geneva Conventions and the two Additional Protocols of 1977, with a domestic law in place.
“So for us, this is the biggest contribution from Brunei – we always use Brunei’s GCO 2005 as a very good example of a domestic implementation of an international treaty and a good piece of law, specifically the IHL treaty which is one of the most important treaties of humanitarian law to be put into place,” she added.
Fiona also praised the positive reception and keen interest on the IHL.
“We noticed that in our meetings with the Ministry of Foreign Affairs and Trade as well as the Attorney General’s Chambers and the Ministry of Health, that there is a very keen awareness of the law, not just written in paper. They make it practical and infuse it in their work… It was signed, put into Bruneian law, and they make effort to ensure it works. It is a very steady process that we see,” she said.
Apart from meeting with Bruneian officials, the IHL Seminar, the largest of such seminar ever hosted by the Brunei Darussalam Red Crescent Society yesterday, was to raise awareness about humanitarian principles.
“When you talk about law, people sort of space out, but we want students, teachers, academics and the general public to have a humanitarian reflex – it’s almost instinctive especially if you see someone in need. You can see this evident in Brunei among the society,” she explained.
Although some may say that people shouldn’t be talking about war in a peaceful country, Fiona said, “Most countries that have gone into conflict were in peace, so it is important to be prepared.
“If you want people to have a humanitarian reflex and to look at each other in spite of differences, and to just remember that this person is also a human being – whatever his religion or race, you need to do that now in the time of peace, because when the bullets are flying, nobody is going to be listening.. nobody wants to think it must be cultivated and you’re lucky that Brunei is a country of peace and you can do that kind of cultivation.”
Fiona and her team’s line of work include talking to all countries, particularly when there is a situation of armed conflict.
“Usually the ICRC will ask to meet with the authorities to just talk about the rules that apply, to remind them, so those are some of the things we do in the region whenever there is a conflict,” she said.
During the seminar, four speakers from the ICRC Legal Delegation gave multi-faceted presentations on the ICRC and Red Crescent Movement’s roles and also its fundamental principles.
Fiona explained that this is part of their “prevention work,” in efforts to prevent the violation of the body of law by getting people to know who they are and getting people to understand the importance of respecting the law.
“Sometimes the war will end and you will want to move to peace. The best way to move to peace is if you actually fought by the rules. If you haven’t, it will be hard to get past that resentment to a place of forgiveness and healing.
“Thankfully for Brunei, we need not do that, but there are a lot of countries that have to go through that process,” she said.
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