The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 54
BASIC PRINCIPLES OF THE LEGAL STATUS OF
THE COMBATANTS STRUGGLING AGAINST
COLONIAL AND ALIEN DOMINATION AND
RACIST REGIMES

Resolution 3103 (XXVIII) of the United Nations General Assembly adopted on 12 December 1973

INTRODUCTORY NOTE: Beginning in 1968, the General Assembly adopted yearly resolutions urging governments to ensure that the Geneva Conventions of 1949 would be applied to fighters against colonial and alien domination and against racist régimes. The following resolution attempts a general regulation of the legal status of combatants in such struggles. Since its adoption, Protocol I Additional to the Geneva Conventions was signed in 1977 (No. 53) which puts struggles of this kind on a par with international armed conflicts.

AUTHENTIC TEXTS: Chinese, English, French, Russian, Spanish.

TEXT PUBLISHED IN: Resolutions adopted by the General Assembly during its Twenty-eighth session, Vol. I, 18 September-18 December 1973, General Assembly Official Records: Twenty-eighth session, Supplement No. 30 (A/9030), New York, United Nations, 1974, pp. 142–143 (Engl. — see also Chinese, French, Russian and Spanish editions); Droit des conflits armés, pp. 733–736 (French).

The General Assembly,

Recalling that the Charter of the United Nations reaffirms faith in the dignity and worth of the human person,

Recalling resolution 2444 (XXIII) of 19 December 1968 in which the General Assembly, inter alia, recognized the need for applying basic humanitarian principles in all armed conflicts,

Recognizing further the importance of respecting the Hague Convention of 1907, the Geneva Protocol of 1925, the Geneva Conventions of 1949 and other universally recognized norms of modern international law for the protection of human rights in armed conflicts,

Reaffirming that the continuation of colonialism in all its forms and manifestations, as noted in General Assembly resolution 2621 (XXV) of 12 October 1970, is a crime and that colonial peoples have the inherent right to struggle by all necessary means at their disposal against colonial Powers and alien domination in exercise of their right of self-determination recognized in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.l

1 Resolution 2625 (XXV), annex.

-695-

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