See resolutions 827 of 25 May 1993 and 955 of 8 November 1994 instituting ad hoc tribunals for the former Yugoslavia and Rwanda respectively; Report of the International Law Commission on the proceedings of its 48th session, May - July 1996, doc. The precise status of the ICRC commentaries for international law will no doubt be addressed in particular contexts, perhaps even in litigation before international or national courts, and certainly in scholarly commentary. There are at present 188 States party to the Geneva Conventions. For it to be accepted, coming from what is not, strictly speaking, an international organization but an organization over which governments have no hold, this role must obviously be carried out with impeccable honesty and within very definite limits. Even so, the commentaries no doubt will play an important indirect role in identifying customary international law, either by providing a very high quality survey of State practice accepted as law (opinio juris) or by stimulating reactions from States (either in agreement or disagreement) which in turn reveals State practice accepted as law. Why is it important? The ICRC is active in about 80 countries and has some 11,000 staff members (2003). Mr Francis Deng, who was appointed by resolution 1992/73 of 5 March 1992 during the 48th session of the Commission on Human Rights. to work for the understanding and dissemination of knowledge of international humanitarian law applicable in armed conflicts and to prepare any development thereof (Article 5, paragraph 2 (g)). To start with, the reason for the existence of the rules, some of which are admittedly complicated, has to be explained time and time again to members of parliament, ministers, top civil servants, high-ranking military officers and all the other officials who have to adopt the treaty or make recommendations in this respect. 285, NovemberDecember 1991, pp. An ideal first introduction to . 59. Meeting of experts on the protection of the environment in time of armed conflict, Geneva 2527 January 1993: Report on the work of the meeting, Geneva, April 1993, submitted under Item 142 on the agenda of the United Nations General Assembly (Sixth Committee), which led to resolution A/48/30 of 9 December 1993. 06 April 2022. International humanitarian law (IHL) is a set of rules that seeks, for humanitarian reasons, to limit the effects of armed conflict. The ICRC has consequently acquired considerable expertise in matters as diverse as aid to detainees, tracing the missing, war surgery, rehabilitation of amputees, public health, sanitation, nutrition and supply of safe water, not to speak of logistics, purchasing, transport and warehousing. ), protection of the civilian population and restoration of family links. [10 ], These are only three examples showing that in certain respects the Geneva Conventions and their Additional Protocols might well need revision. 27. In such situations, which are fortunately exceptional, all that can be done is to hand over to the politicians. Indeed, the very wide media coverage of practically all conflicts means that very few violations remain hidden for long and a reaction from the ICRC is rarely called for. Cooperation with Ministries of Education is therefore necessary, for two reasons. Here too the aim must be to create an impetus, to remind States and the top level of the armed forces that they are bound by treaty to provide such teaching, and to convince them that it is in their own interest. 49/50/129/146 common to the four Geneva Conventions, and Arts. This was the fountainhead of international humanitarian law. We now propose to look at these aspects of the ICRCs role as guardian of international humanitarian law in rather more detail. 338-347. From the beginning of warfare to the advent of contemporary IHL, over 500 cartels, codes of conduct, covenants and other texts designed to regulate hostilities have been recorded. The ICRCs activities to protect people during armed conflict and other situations of violence are aimed at obtaining full respect for applicable law. Full consideration of the matter was clearly necessary, and the ICRC therefore accepted a mandate conferredon it by the UN General Assembly [26 ] . International humanitarian law (IHL) regulates the use of force in armed conflict. Resolution 3, para. 53. Too much haste is therefore unwise; the prisoners own wishes must be taken into account. The commentaries are not themselves practice that directly contributes to the creation of customary international law, for non-State actors are not viewed as having such a role. calling on third parties to influence the conduct of parties to a conflict who commit violations of IHL) have failed to put an end to the violations; and . On 22 August of the following year, 1864, the Convention for the Amelioration of the Condition of the Wounded in Armies in the Field was adopted. These re-wrote the existing Conventions and added a fourth, for the protection of civilians who found themselves under enemy control. [35 ], As for institutes and universities interested in international humanitarian law, it would evidently be impossible to list them all here. This function has assumed vast proportions over recent years, ever since the Nigeria-Biafra war. Yet again, however, it was necessary to defend international humanitarian law, whose very basis might have been challenged. The International Committee of the Red Cross (ICRC) is an impartial, neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of armed conflict and other situations of violence and to provide them with assistance. A second example of this necessary protection of humanitarian law to preserve the gains already made can be found in the steps taken to afford better protection for displaced persons, already mentioned above. In short, the first sentence, so short and peremptory, of Article 118 of the Third Geneva Convention (Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities) would undoubtedly be the better for a few ifs and buts. A distinction must be made between IHL, which regulates the conduct of parties engaged in an armedconflict (jus in bello), and public international law, as set out in the Charter of the United Nations,which regulates whether a state may lawfully resort to armed force against another state (jus adbellum). 47. The ICRC also organizes consultations with States and other interested parties with a view to ascertaining the possibility of reaching agreement on new rules or otherwise strengthening IHL. Handbook of the International Red Cross and Red Crescent Movement. Not at all: a guardian is not a guarantor, and the ICRC must not and cannot feel responsible for every violation of international humanitarian law. 62. While it was quickly recognized that coercive operations of the Gulf war type were fully subject to international humanitarian law, it was much harder to identify the obligations under the law arising from operations on the border-line between peace-keeping and peace-enforcement, as in the former Yugoslavia. On this point, see Toni Pfanner, Le rle du Comit international de la Croix-Rouge dans la mise en uvre du droit international humanitaire, in: Le droit face aux crises humanitaires: de lefficacit du droit international dans les conflits arms , European Communities Official Publications Office, Luxembourg, 1995, pp. 48. See, for example, Louise Doswald-Beck, New Protocol on blinding laser weapons, IRRC , No. Two major issues required attention: anti-personnel landmines and blinding weapons. The watchdog must bark intelligently. These are fundamental human rights and should be taught as a complement to human rights instruction. 292, January-February 1993, pp. International Humanitarian Law: Rules, Controversies, and Solutions to Problems Arising in Warfare is an exceptional contribution to the growing crop of IHL texts, offered by a scholar and practitioner of unquestioned expertise. 49. Once again, therefore, the ICRC took the lead by holding a seminar for experts (to which it invited the aforesaid Special Rapporteur, among others) to discuss how the problem related to existing law and to seek possible solutions not only in terms of rules but also in regard to cooperation between institutions. In short, the ICRC has to assess all the parameters of situations that it obviously cannot handle unaided, so as to identify areas requiring the cooperation of other members of the International Red Cross and Red Crescent Movement (being able to count on National Societies in nearly all countries is a major asset here, insofar as they are strong and efficient); areas in which it has to rely on its own efforts; and lastly those in which it must operate in close consultation with other organizations, governmental or non-governmental, so as to seek complementary action where this is thought necessary. 302, September-October 1994, pp. 2. indeed, states parties to the conventions at times have reaffirmed their primary role in the development of international humanitarian law, such as in resolution 1 of the 31st red cross and red crescent conference of 2011 (while recalling "the important roles of the icrc", states parties "emphasiz [ed] the primary role of states in the 14. The ICRC's intensive efforts, after World War I, to expand the protection of war victims resulted in a new Geneva Convention covering prisoners of war, in 1929. An increase in the crime rate in a region does not normally cast doubt on the validity of the criminal law, but it does prompt questions about the me ans available for enforcing the law on the one hand, and about the sociological causes for such a development and possible preventive measures on the other. 61. A great deal of argument was necessary before this essential distinction was incorporated in the Convention. [13 ] The ICRC also has the legal responsibility to work for the understanding and dissemination of . It is therefore essential that the soldiers be judged for offences against the law and not for the political decisions of their leaders, for which they cannot be held responsible. 63. [65 ]. See Art. 19, Protocol II. What is the ICRC role in ensuring respect for humanitarian law? Ignorance of the law is a major obstacle to respecting it. Taiz, Yemen - Two men drive through the area, where snipers have been present since the intense hostilities started there. Finally, it is quite obvious that the armed forces, which have primary responsibility for the application of international humanitarian law, must be taught the subject systematically and in a manner tailored to each echelon. The international obligations of many countries are so extensive and complex that their overworked and understaffed civil services cannot cope with the paperwork. Bilateral confidential representations to the parties to a conflict is the ICRCs preferred mode of action to put an end to violations of IHL or of other fundamental rules protecting persons in situations of violence, or to prevent the occurrence of such violations. Without going into details of all possible kinds of UN intervention, the ICRCs analysis convinced all concerned that armed forces deployed in pursuance of UN resolutions could have obligations under international humanitarian law, that they should in their own interests recognize its applicability in certain circumstances, and that UN forces should in any event receive training in this regard. Here too, humanitarian action can go no further, for it would be unthinkable to risk delegates lives deliberately in circumstances where there is no respect for anything. 2, April 1996, pp. Decades later, the Pictet commentaries remain of continuing value, yet are now even more dated. Related to ICRC Advisory Service on International Humanitarian Law. Subsequently there were technical developments in this field but lasers were not yet being used in armed conflicts. For instance, following the 31st International Conference of the Red Cross and Red Crescent, and the adoption of Resolution 1: Strengthening Legal Protection for Victims of Armed Conflicts, the ICRC has engaged in consultations with States in order to strengthen IHL in the fields of detention and strengthen compliance with IHL. Read more about what we do and who we are . This is now being done by the UN General Assembly. Any account of the ICRCs work under this heading would be incomplete without mention of the major study the organization is about to undertake to identify the rules of international humanitarian law which form part of customary international law. [12 ]. A study of the military use and effectiveness of anti-personnel mines , a study commissioned by the International Committee of the Red Cross, Geneva, 1996. 461-490; Jean-Franois Berger, The humanitarian diplomacy of the ICRC and the conflict in Croatia (1991-1992), ICRC, Geneva, 1995; and the articles by Milan Sahovic, Bosko Jakovljevic and Konstantin Obradovic in the Revue yougoslave de droit international, Nos. Conversely, the lack of means of implementing the law as it stands should never be offered as an excuse for failing to consider whether it is still geared to modern conditions. This is a treaty obligation for the States party to the Geneva Conventions, and also figures in the two Additional Protocols of 1977 [46 ] . [54 ]. for practitioners in the field, when seeking to understand and uphold the complex web of rules that comprise international humanitarian law. Towards the end of World War I, the ICRC appealed for an end to the use of chemical warfare. 16. Itis a place for timely news, commentary on armed conflict and violence,humanitarian action, and the rules of war. During international armed conflicts, the ICRC has a right to visit prisoners of war and civilian internees to make sure that their treatment and the conditions in which they are being held are consonant with IHL. The ICRC also plays an important role in the development of IHL. The developments in the law outlined above were preceded by preparatory meetings with these experts, and such consultations also take place in regard to points of international humanitarian law submitted to International Conferences of the Red Cross and Red Crescent. For instance, the first drafts of the Geneva Conventions were drawn up by the ICRC in consultation with States, submitted and further discussed, modified and finally adopted at diplomatic conferences. persons who have fled their country. 282, May-June 1991, pp. Here too the idea was prompted by a real problem which certainly called for examination and discussion. Geneva 1977 - The signing of the Additional Protocols to the Geneva Conventions ICRC / G. Leblanc / cer-n-00025-18. Moreover, as soldiers themselves often argue, a unit that treats wounded and captured enemy soldiers in exemplary fashion tends to cool the enemys fighting spirit. See the preface to the 2nd edition of the Manual for the use of technical means of identification by hospital ships, coastal rescue craft, other protected craft and medical aircraft , by Grald C. Cauderay and Antoine Bouvier, ICRC, 1995. See footnote 7 above. The result is that some operations attract funds and a host of humanitarian organizations, some reliable and some less so, while others remain outside what has been called the charity business. The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to have Indiscriminate Effects, adopted in Geneva on 10 October 1980. There have been many other cases in which the gains made by international humanitarian law have been in danger of being undercut, usually, it is true, on account of ignorance rather than malice. Itis a place for timely news, commentary on armed conflict and violence, Joint Series: The Role of the ICRC Commentaries in Understanding International Humanitarian Law, first post on locating the commentaries in the international legal landscape, Statutes of the International Red Cross and Red Crescent Movement, Geneva Conventions and their Additional Protocols, current project before U.N. International Law Commission, topic on identification of customary international law, Oxford Commentary on the 1949 Geneva Conventions, Locating the Geneva Conventions Commentaries in the International Legal Landscape, First Thoughts from Academia on the Updated GCI Commentary. At the end of 1863, the very year in which the ICRC was founded, the first voluntary aid societies the future National Red Cross or Red Crescent Societies were set up. Only Eritrea, the Marshall Islands and Nauru are still not party to the Conventions. Abstract. It directs and coordinates the international activities conducted by the Movement in armed conflicts and other situations of violence.. It is not sufficient simply to take note of problems of application of international humanitarian law; those concerned must be encouraged to think about ways of dealing with them. This work is indeed closely interrelated with field operations and the observations made during those operations. The tangible results obtained may of course seem disappointing if measured only against the yardstick of the violations that take place despite such efforts, but all too often the, considerable successes achieved remain unacknowledged. See in particular Theodor Meron, Human rights in internal strife , Grotius, 1987, 172 pp. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. **Intercross, the Podcast disclaimer: Just because something or someone is featured here, doesn't mean we endorse or agree with the institutions they represent. ; Franois Bugnion, Le Comit international de la Croix-Rouge et la protection des victimes de la guerre , Geneva, ICRC, 1994, p. 11 ff. But their most enduring significance may be less in their formal status and more in the fact that in the heat of the moment the ICRC commentaries may be one of the first things off the shelf (now off the Internet!) It is obviously not our intention to report in detail on all the work done to that end, but rather to show how important it is to seize opportunities that arise, to take the initiative at the right time, to proceed calmly and to prepare ones case thoroughly. In situations where IHL does not apply, the ICRC may offer its services to governments without that offer constituting interference in the internal affairs of the State concerned. Soldiers who go unpunished for torture, pillage and rape are bound to respect their officers the less for such licence. Are there at present any good reasons to justify further revision or adaptation of international humanitarian law? Acting as a catalyst is therefore an important function, and the examples given above are far from exhaustive. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination . The importance of the study is widely recognized [33 ] . Blinding weapons: Reports of the meetings of experts convened by the International Committee of the Red Cross on battlefield laser weapons 1989-1991 ; Louise Doswald-Beck ed., ICRC, Geneva, 1993. Conclusion - remember: Even wars have limits IHL protects those who do not, or no longer, take part in hostilities IHL is applicable during armed conflict All Parties are bound to respect IHL ICRC is mandated to be active in conflict situations and has a right of initiative to be present in situations of armed violence Editor's Notes The duty of combatants is to spare the civilian population and the wounded, and to treat prisoners well. Although a private institution, the ICRC has an important role to play in the implementation of humanitarian law by the parties to an armed conflict. In addition, at the request of certain military authorities, special training programmes are set up for soldiers serving in armies dealing with internal disturbances, a common occurrence nowadays. Moreover, although obligations under international humanitarian law are not subject to reciprocity [49 ] , the way soldiers treat enemy wounded and prisoners obviously affects the way they themselves are treated by the other side. This second function is, in a way, a corollary of the first. On the other hand, the problem of prisoners who refuse to go home is not catered for; the rules overlook the fact that prisoners may be in danger on their return. The earlier one wants to propagate the message of international humanitarian law, the more important it is to associate it with human rights. But sometimes the question of ratification may have to be purely and simply rescued from oblivion. 38 refers to children in armed conflicts. Clearly, then, training and dissemination account for much of the promotion aspect of the function of guardian of international humanitarian law. Protocol I of 1977 reaffirmed and developed the basic principles and rules governing the use of weapons, but precise prohibitions and restrictions were introduced in a separate Convention adopted in 1980 [18 ] , which includes a mechanism for periodical revision. A gender perspective is critical to ensuring respect for International Humanitarian Law. This inconsistency in the rules would certainly have weakened international humanitarian law, and delegates of governments and the ICRC had to intervene to draw up an acceptable text and introduce a saving clause to safeguard the gains made by international humanitarian law. article 5 of the statutes states that the role of the icrc is "to undertake the tasks incumbent upon it under the geneva conventions, to work for the faithful application of international humanitarian law applicable in armed conflicts and to take cognizance of any complaints based on alleged breaches of that law" (article 5.2c), and also "to work The breakthrough on this issue came after the war, when governments adopted the four Geneva Conventions of 1949. 0850. 306, May-June 1995, pp. On these principles, see Jean Pictet, Red Cross Principles , ICRC, Geneva, 1956; and The Fundamental Principles of the Red Cross , Commentary, Henry Dunant Institute, Geneva, 1979. The discussions that followed led to the adoption of a treaty (1925) to outlaw chemical weapons a set of rules still in force. Both internati onal humanitarian law and humanitarian activities depend on the possibility of dialogue with authorities which are in a position to honour the commitments they make. International humanitarian law will never be properly understood and assimilated without constant and thorough reflection. 3, September 1987, Special issue on humanitarian law of armed conflict. As the promoter and guardian of international humanitarian law, it strives to protect and assist the victims of armed conflicts, internal disturbances and other situations of internal violence. Article 5 of the Statutes states that the role of the ICRC is to undertake the tasks incumbent upon it under the Geneva Conventions, to work for the faithful application of international humanitarian law applicable in armed conflicts and to take cognizance of any complaints based on alleged breaches of that law (Article 5.2c), and also to work for the understanding and dissemination of knowledge of international humanitarian law applicable in armed conflicts and to prepare any development thereof (Article 5.2g). Delivered by Alex Boivin, Head of Policy and Humanitarian Diplomacy at the ICRC. ICRC policy and diplomatic advisers play a key role in delivering the ICRC's humanitarian diplomacy, using policy-making and humanitarian diplomacy to broaden political and material support for what the ICRC does and cares about. In the spring of 2007, the ICRC Delegation in Israel and the Occupied Territories invited a number of Israeli academic institutions to have their students participate in the first annual edition of a National Competition on International Humanitarian Law (IHL). The first is where the parties to the conflict or at least one of them reject the basic principles of international humanitarian law because those principles do not suit their purposes. Symposium on humanitarian action and peace-keeping operations, Geneva, 22-24 June 1994, Report, Umesh Palwankar ed., Geneva, June 1995. This does not necessarily mean that it is a slow process; where time is of the essence, for example in the event of prohibited bombing or shelling, the ICRC ca n act in less than twenty-four hours. This fully revised fourth edition of "Constraints on the Waging of War" considers the development of the principal rules of international humanitarian law from their origins to the present day. Second, the ICRC commentaries play a role with respect to customary international law. While the concepts can be studied from a wider viewpoint, they can be implemented effectively only at national level. Another example of this kind of constructive thinking is the effort made to clarify the obligations incumbent on armed forces deployed either directly by the UN or by member States in pursuance of resolutions adopted and mandates given by the Security Council. Treaties developing IHL are adopted by States. It does, on the other hand, oblige the ICRC to stand apart from the political problems underlying the conflict, because it is obvious that to enter into discussion of these would inevitably mean a loss of confidence and credibility that would jeopardize dialogue and action aimed at promoting respect for humanitarian law. 25-29. Simple and concise answers to these and other related questions are given in this leaflet, including a brief overview of the ICRC's role as the "guardian" of IHL. 36. When a real problem crops up on the ground it is not enough to say that it cannot be resolved by revising the law. Since the 1980s, the ICRC has put its energies into measures to encourage governments to implement IHL and to teach its provisions at relevant levels within the state administration notably, within the armed forces. Many soldiers will wonder what they are fighting for, and whether they are waging a just war. Meeting of experts on the protection of the environment in time of armed conflict, Geneva, 27 29 April 1992: Report on the work of the meeting, Geneva, September 1992, submitted under Item 136 on the agenda of the UN General Assembly (Sixth Committee), which led to resolution A/47/37 of 25 November 1992. In particular, the ICRC reserves the right to issue a public denunciation of specific violations of IHL if: When the UN Convention on the Rights of the Child was being drafted, the proposed provisions concerning the protection of children in war fell short of those contained in the Geneva Conventions and the Protocols additional thereto. It has worked on battlefields, and has always sought to adapt its action to the latest developments in warfare. A third example relates to displaced persons. When every vestige of authority has disappeared, conflict becomes completely unrestrained, and anarchy and mere banditry take the place of organized hostilities in which at least some principles are respected. They include the Lieber Code, which came into force in April 1863. Its experience has prompted it to think hard and long about emergency operations and their effects in the short and longer term not only on public health but also on the social and cultural fabric of the country concerned; about taking preventive action during the conflict itself to ensure that the population does not become permanently dependent upon aid and to forestall an escalation of violence and hatred; and about the best ways of propagating the message of international humanitarian law in wartime as well in peacetime, as already mentioned above. See the Report of the Ad Hoc Committee on the drafting of an international convention against the recruitment, use, financing and training of mercenaries. The author is accordingly very pleased to make his modest contribution to this collection in honour ofan eminent figure who has defended those values against all odds, and whose attitude shows us that a guardian simply has no right to feel discouraged. . International humanitarian law (IHL) is a field in constant evolution and the International Committee of the Red Cross works closely with states to assist them in complying with their. On the contrary, the role of guardian is an invaluable complement to humanitarian action in that it generates constant thought about the meaning of such action and how to make it more effective. On this subject too, the ICRC convened several meetings of experts and published a report on their proceedings [21 ] . 56. They cover a broad range: from the provision of food or medicines to capacity building for the delivery of essential services, such as rehabilitation of water supplies or medical facilities and the training of primary-health-care personnel, surgeons and prosthetic/orthotic technicians. He followed it up with two proposals that caused quite a stir and had remarkable results. This was the main criticism levelled at its conduct during the Second World War, conduct which has been closely scrutinized through documents in the organizations archives and has been the subject of several publications [61 ] . That right is conferred on it by international humanitarian law itself, and hence by all the States that drew up and adopted that law. 21. 8, especially para. Indeed, in the context of the U.N. International Law Commissions topic on identification of customary international law, the Special Rapporteur has suggested that official statements of the ICRC, such as appeals and memoranda on respect for international humanitarian law, play an important role in shaping the practice of States though reactions to such statements; and publications of the ICRC may serve as helpful records of relevant practice.
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