Secretary-General urges exchange of prisoners, end to 'ruinous conflict' between Iran and Iraq.

In transmitting to the Security Council the report (S/16962) on prisoners of war (POWs) and civilian detainees in the Iran-Iraq conflict, Secretary-General Javier Perez de Cuellar stated that no effort should be spared to "ameliorate or end the continuing suffering of about 60,000 POWs, many incarcerated for years". In addition to compliance with the terms of the Third Geneva Convention, "an effective approach would be to seek an exchange of at least certain defined categories of POWs on the basis of understandings to be promoted with the two Governments concerned".

The Secretary-General said he was "fully prepared to actively investigate the feasibility" of that proposal, if both Governments indicated their "receptivity" to it. Such an attempt had become "vital". The plight of POWs, and other suffering affecting both combantants and civilians, could be ended effectively "only by the termination of the ruinous conflict that continues to inflict a heavy toll on the human assets, and also the material resources", of the two countries.

He reiterated his readiness to help in any endeavour that would bring peace to the people of Iran and Iraq.

The Secretary-General expressed his "deep dismay" and concern about the unanimous findings of the mission indicating that the fundamental purposes of the 1949 Third Geneva Convention relative to the Treatment of Prisoners of War were not being fulfilled. He attached "paramount importance" to the strict observance of all the principles and rules of international conduct. Any breach, particularly if it continued to occur, would have a "corrosive effect" that could "undermine the entire fabric of accepted international standards of conduct."

For that reason the Secretary-General stated, he was convinced that respect for the Third Geneva Convention must be restored. That could best be achieved if the International Committee of the Red Cross (ICRC), which since the start of the hostilities had carried out the functions envisaged for humanitarian organizations in that Convention, was enabled to continue those functions on the basis of "mutually agreed arrangements which would prevent future misunderstandings and permit it to discharge its humanitarian duties for the protection of and relief to POWs". It was important that the Government of Iran and the Government of Iraq, "one having requested and the other having accepted the mission", should "pay close heed" to the report's observations and recommendations.

In that context, the Secretary-General said, he felt it was incumbent upon him to recall his note verbale of 26 June 1984 (S/16648) addressed to all Member and Observer States parties to the Geneva Conventions. In it, he had underscored the vital importance of ensuring the observance of the principles embodied in those Conventions. It was especially relevant that the Conventions envisaged that they would be applied with the co-operation and under the scrutiny of Protecting Powers whose duty it was to safeguard the interests of the parties to the conflict.

For that reason, the Secretary-General said, he had urged States to give serious consideration to serving as Protecting Powers, who were vested with a crucial role in the mechanism for ensuring the observance of the Conventions' terms. ICRC would continue to discharge its humanitarian mandate under the Geneva Conventions in close co-operation with such Protecting Powers. It was vital that Protecting Powers should assume the responsibilities prescribed for them in the 1949 Geneva Conventions in the context of the conflict.