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Published online by Cambridge University Press: 23 November 2010
In 1945, at the end of the Second World War, the British government clearly stated its intention of granting independence to India.
The conflict between the British and the Indian nationalists receded into the background, while the increasing antagonism between Hindus and Muslims came to the fore. The Hindus, centred round the Congress Party led by Jawaharlal Nehru, wanted to maintain the unity of India by establishing a government made up of representatives of the two communities. The Muslims, under the banner of the Muslim League and its President, Mohammed Ali Jinnah, demanded the creation of a separate Muslim State, Pakistan. The problem was further complicated by the fact that the approximately 300 million Hindus, 6 million Sikhs and 100 million Muslims in British India were not living in geographically distinct regions, especially in Punjab and Bengal, where the population was mixed.
1 Estimates vary from 225,000 to 2 million.
2 During the emergency phase, the two governments were given assistance by a number of local aid agencies, including the Indian and Pakistan Red Cross Societies, the St. John Ambulance Association, the All-India Women's Conference and the Friends Service Unit. In India, a coordinating body, the United Council for Relief and Welfare, with Lady Mountbatten as its President, was set up, comprising most voluntary organizations and government representatives. No large-scale aid operation was, however, undertaken at the international level.
3 See Kashmir below.
4 Letters to the ICRC dated 29 August and 29 and 30 September 1947 from its delegation in London (ICRC archives, file G 3/3b). Record of a conversation on 31 October 1947 between the ICRC and Mr M. Ahmad, First Secretary of the Pakistani High Commission in London (ICRC archives, file G 85). Record of a conversation on 12 December 1947 between the ICRC and Dr P.M. Krul, India's representative to WHO (ICRC archives, file G 3/37 c).
5 The Indian Red Cross Society had in fact already existed as an independent National Society since 28 February 1929, the date of its recognition by the ICRC, as a result of the new situation created for Red Cross Societies in the dominions by the 1926 Statute of the British Empire. However, only after India gained its independence in 1947 were managerial positions, hitherto held by Britons, handed over to Indians.
The Pakistan Red Cross was founded immediately after the creation of the Pakistani State and recognized by the ICRC on 21 July 1948. In 1974 it changed its emblem and adopted the name “Pakistan Red Crescent Society” pursuant to a decision of the Pakistani authorities, which also adopted the red crescent as the emblem of the army's medical service. The Pakistani government then notified all States party to the Geneva Conventions of that decision.
The two National Societies provided aid to the victims of the strife which followed partition.
6 Internal instructions to Dr Otto Wenger of 19 December 1947 (ICRC archives, file G 3/37c).
7 Letters of 17 December 1947 from the ICRC to Lord Mountbatten and Mr M.A. Jinnah, Governors-General of India and Pakistan respectively (ICRC archives, file G 85).
8 Letter No. 2 of 11 February 1948 from Dr Wenger (ICRC archives, file G 3/37c).
9 Ibid.
10 Letter No. 6 of 27 February 1948 from Dr Wenger (ICRC archives, file G 3/37c).
11 At the time, these were the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field and the Geneva Convention relative to the Treatment of Prisoners of War, both of 27 July 1929. As the successor States to the Indian Empire, India and Pakistan remained bound by the two Conventions, which were ratified by the United Kingdom on 23 June 1931. In addition, Pakistan expressly became party to both treaties on 2 February 1948.
12 Letter No. 46 of 25 May 1948 from Dr Wenger and its annex IV: letter of 19 May 1948 from the Indian Minister of Defence to Dr Wenger (ICRC archives, file G 3/37c).
13 Ibid., and letter of 16 June 1948 from the President of “Azad Kashmir” to Dr Wenger (ICRC archives, file CR 186/655).
14 Letter No. 8 of 11 March 1948 from Dr Wenger (ICRC archives, file G 3/37c).
15 Letter No. 38 of 25 April 1948 from Dr Wenger and its annex: letter of 24 April 1948 from Dr Wenger to Sardar Bahadur Balwant Singh Puri, Secretary-General of the Indian Red Cross Society (ICRC archives, file G 3/37c).
16 Letters No. 8 of 11 March 1948 and No. 60 of 8 June 1948 from Dr Wenger (ICRC archives, file G 3/37c).
17 Letter No. 33 of 24 April 1948 from Dr Wenger (ICRC archives, file G 3/37c).
18 Letter No. 45 of 20 May 1948 and telegram of 19 June 1948 from Dr Wenger to the ICRC (ICRC archives, file G 3/37c).
19 Letter No. 14 of 12 March 1948 from Dr Wenger to the ICRC (ICRC archives, file G 3/37c).
20 Letter No. 23 of 9 April 1948 from Dr Wenger to the ICRC and its eight annexes (ICRC archives, file G 3/37c).
21 There was no ICRC delegate in the country from the end of June to November 1948, i.e., from the time of Dr Wenger's return to Geneva until the arrival of the second mission.
22 Letters No. 19 of 11 March 1948, No. 20 of 19 March 1948 and No. 57 of 6 June 1948 from Dr Wenger (ICRC archives, file G 3/37c).
23 Today the International Federation of Red Cross and Red Crescent Societies.
24 Dr Wenger's final report of 5 August 1948 (ICRC archives, file G 3/37c — ICRC translation).
25 Under Article 7, para. 2, of the 1928 Statutes of the International Red Cross then in force.
26 This policy had just been confirmed by Resolution XXII of the XVIIth International Red Cross Conference:
“The XVIIth International Red Cross Conference,
considers that the International Committee of the Red Cross should continue to transmit protests it may receive concerning alleged violations of the Conventions, emphasizes the duty of national Societies to forward these protests to their Governments,
recommends that national Societies do all in their power to ensure that their Governments make a thorough investigation, the results of which shall be communicated without delay to the International Committee of the Red Cross”. Report, Stockholm, August 1948.
27 Telegrams of 22 October, 28 October and 2 November 1948 from the ICRC to the Indian Red Cross Society (ICRC archives, file G 85).
28 Letter of 9 November 1948 from the Indian Red Cross Society to the ICRC and its annex (ICRC archives, file G 85).
29 Telegram of 4 December 1948 from Dr Wenger to the ICRC and letter No. 1 of 23 December 1948 from Dr Marti (ICRC archives, files G 3/37c and G 3/37).
30 Report on the visit to Yol POW Camp (India), made on 17–18 January 1949 (ICRC archives, Camps Service, RR 1407).
31 Report on the visit to Attock Fort Neutral Internment Camp (Pakistan), made on 3 December 1948 (ICRC archives, Camps Service, RR 1407).
32 Note No. 1032 of 22 April 1949 from N. Burckhardt (ICRC archives, file G 17/167/66 — ICRC translation).
33 Summary of Dr Marti's account of his mission to India, annex to the Delegations Commission's report of 27 July 1949 (ICRC archives).
34 Note No. 1018 of 8 March 1949 from N. Burckhardt, and letters of 18 March, 11 April and 26 June 1949 from Dr Marti (ICRC archives, files G 3/37e and G 17/66/66).
35 Article 118 of the Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949.
36 Note No. 1039 of 4 May 1949 from N. Burckhardt (ICRC archives, file G 17/66/66).
37 Letter of 17 May 1949 from Dr Marti (ICRC archives, file G 17/66/66).
38 Article 86 of the 1929 Geneva Convention relative to the Treatment of Prisoners of War provided for this possibility in its last paragraph, under which “[b]elligerents may mutually agree to allow persons of the prisoners' own nationality to participate in the tours of inspection”. It was nevertheless exceptional for this kind of visit to take place.
39 Note No. 1092 of 4 September 1949 from N. Burckhardt (ICRC archives, file G 3/37e).
40 Report No. 1 of 25 May 1950 by Dr Marti (ICRC archives, file G 3/37f).
41 For more details on this Agreement, signed on 8 April 1950 in New Delhi following the disturbances which had broken out in Bengal, see Revue Internationale de la Croix-Rouge (RICR), Supplement (in English), Vol. III, No. 6, June 1950, which contains the text on pp. 106–111.
42 Letter No. 9 of 2 January 1949 from Dr Marti (ICRC archives, file G 17/66/66).
43 Letter of 17 May 1949 from Dr Marti and Report of 10 November 1949 by N. Burckhardt on the situation in India and Pakistan (ICRC archives, files G 17/66/66 and G 3/37e).
44 Note No. 28 of 3 February 1949 from N. Burckhardt (ICRC archives, file G 3/37e).
45 Letters of 17 and 18 May 1949 from Dr Marti (ICRC archives, file G 17/66/66).
46 Letters of 18 and 26 May 1949 from Dr Marti (ICRC archives, file G 17/66/66).
47 Letter of 23 December 1949 from Mr. V. Sahay, Indian Secretary for Kashmiri Affairs (ICRC archives, file G 81/Ev).
48 Joint circular letter of the ICRC and the League of Red Cross Societies of 30 October 1948 to National Red Cross, Red Crescent and Red Lion and Sun Societies (ICRC archives, file SG 7/66).
49 Note No. 1014 of 23 February 1949 from N. Burckhardt (ICRC archives, file G 3/37e).
50 Districts were divided into several “thesils”, or subdistricts.
51 Note No. 1023 of 18 March 1949 from N. Burckhardt and its annex (ICRC archives, file G 3/37e — ICRC translation).
52 Letter of 28 May 1949 from Dr Marti (ICRC archives, file G 3/37d - ICRC translation).
53 Letter of 26 October 1949 from General Gracey, Commander-in-Chief of the Pakistani army, to Dr Marti, and letter of 23 December 1949 from Mr V. Sahay, Indian Secretary for Kashmiri Affairs, to N. Burckhardt (ICRC archives, files G 3/37d and G 81/Ev).
54 Note No. 81 of 17 May 1949 to the ICRC delegation in New Delhi (ICRC archives, file G 17/66/66).
55 Letters of 11 and 26 June 1949 from Dr Marti (ICRC archives, files G 17/167 and G 17/66).
56 Report on refugees in Kashmir, 1949, drawn up by Dr Marti (ICRC archives, file G 68/167).
57 On this subject, see the exchange of correspondence in November 1949 between the ICRC and Mr Colban, Principal Secretary of UNCIP in Geneva, and the letter of 14 November 1949 from the President of the ICRC to the UN Secretary-General in Lake Success (ICRC archives, file G 85). It should be noted that both Dr Wenger and Dr Marti had already had an opportunity of providing information on the humanitarian situation of the refugees to UNCIP in New Delhi.
58 “The ICRC in India and Pakistan: The Kashmiri refugees”, RICR, Supplement, Vol. III, No. 2, February 1950, pp. 38–42.
59 Note No. 81 of 17 May 1949 from the ICRC to its delegation in New Delhi (ICRC archives, file G 17/66/66). On the question of assistance to Palestinian refugees and the agreement between the UN and the ICRC on this issue, see ‘The International Committee in Palestine’, RICR, Supplement, Vol. II, No. 1, January 1949, pp. 53–60.Google Scholar
60 Summary report on the work of the ICRC (1 July 1947–31 December 1951 - French only), 1952, p. 63.
61 Telegrams of 17 September 1948 from the President of the ICRC to the Prime Ministers of India and Hyderabad (ICRC archives, file G 85). “Events in Hyderabad: An appeal by the International Committee to the Parties in conflict”, RICR, Supplement, First Year, No. 9, September 1948, p. 153.
62 Report on the ICRC Bureau's meeting of 15 September 1948 (ICRC archives).
63 Radiogram of 19 September 1948 from the Indian Ministry of Foreign Affairs to the President of the ICRC (ICRC archives, file G 85).
64 Letter of 29 October 1948 from the Pakistan Red Cross to the ICRC (ICRC archives, file G 17/166).
65 Note of 22 November 1949 from E. de Bondeli on the problem of the Razakars in Hyderabad (ICRC archives, file G 17/166).
66 Telegram of 29 July 1949 from Paul Ruegger, President of the ICRC, to Pandit Jawaharlal Nehru, Prime Minister of India (ICRC archives, file G 85).
67 Letter in reply to the above of 30 July 1949 from the Prime Minister of India to the President of the ICRC (ICRC archives, file G 17/166).
68 Note from the Legal Commission to the International Committee of the Red Cross of 3 February 1950 (ICRC archives, file G 17/166).
69 Diplomatic Conference convened by Switzerland in Geneva from 21 April to 12 August 1949.
70 These four conditions, set out in the future Article 4, para. 2, of the Third Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949, were:
“a) that of being commanded by a person responsible for his subordinates;
b) that of having a fixed distinctive sign recognizable at a distance;
c) that of carrying arms openly;
d) that of conducting their operations in accordance with the laws and customs of war.”
71 This draft article, which became Article 85 of the Third Geneva Convention of 1949, read as follows:
“Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention.”
72 Letter of 23 March 1950 from N. Burckhardt to Mr Vellodi, Governor of Hyderabad (ICRC archives, file G 17/166).
73 Letter of 24 April 1950 from the Indian Ministry of Foreign Affairs (ICRC archives, file G 17/166).
74 In June 1950, the ICRC nevertheless launched an operation to assist refugees in Bengal, at the request of the Indian and Pakistani governments, which helped to finance it.
75 Letters of 17 and 26 May and 3 and 19 June 1949 from Dr Marti (ICRC archives, files G 17/66/66, G 3/37d. G 81/Ev. and G 17/66/167), and letters of 1 and 16 August 1949 from N. Burckhardt (ICRC archives, file G 3/37e).
76 Radiogram of 6 March 1948 from Lady Mountbatten, cable of 12 May 1948 from the Pakistan Red Cross, and letter of 25 June 1948 from E. de Haller, delegate of the Swiss Federal Council for international relief work (ICRC archives, file G 3/37c).
77 The Indian and Pakistan Red Cross Societies in fact contributed to the financing of the ICRC's activities.
78 At the time, the ICRC had neither its own funds nor rollover funds which it could have used for emergency relief operations. The modest capital that it had built up after the First World War was virtually exhausted on the eve of the Second; during World War II donations and contributions from governments, National Red Cross Societies and other institutions interested in its activities, and collections from the Swiss people, enabled it to cover its expenses.
It should also be pointed out that until the end of the Second World War contributions from National Societies and governments were strictly voluntary — and thus uncertain. The ICRC had to wait until the XVIIth International Red Cross Conference in 1948 for a scale to be established for contributions by National Societies, which were urged to abide by it, and until 1949 for the Diplomatic Conference for the review of the Geneva Conventions to recognize the need to ensure that the organization received regular financial support. Moreover, it took time for those commitments to translate into reality.
Lastly, up to the end of World War II, the ICRC's relief activities had mainly involved requesting, transporting and distributing supplies provided on trust by donors. It was not yet customary for the organization to carry out large-scale aid operations using it own resources or those raised as a result of general appeals.
79 Records of the ICRC Bureau's meetings of 10 July and 7 August 1947 (ICRC archives).
