This work and the resulting reports certainly showed where the real problems lay and, incidentally, were useful in drafting a model set of rules to be observed by the military for the protection of the environment in time of war. 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!) The law on the use of mines having proved inadequate, it had to be re-examined, and the review of the 1980 Convention offered a unique opportunity to do so. 2-3, Belgrade, 1992. As the ICRC's own role evolved, bringing it into direct and continuous contact with the realities of war, it constantly urged governments to expand the reach of the law, which gradually came to cover warfare at sea, prisoners of war and civilians. A/51/10; and Report of the working group on a draft statute for an international criminal court, UN General Assembly, March-April and August 1996, doc. 1 and 2, asks the ICRC to consult States regularly as to whether the Annex needs to be reviewed and, if they so wish, to convene meetings of experts to prepare amendments. Cross-Files | ICRC Archives, audiovisual and library, Promoting International Humanitarian Law (IHL), Strengthening Legal Protection for Victims of Armed Conflicts. It is therefore the ICRCs duty to draw attention to operations that are no longer in the headlines, either because they are conducted in remote places or because they arise from situations that stagnate and fester with no newsworthy developments. 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. Whether the note has any effect depends on the follow-up that can be given. Sometimes, of course, denouncing the authorities concerned involves the risk of bringing the whole operation to an end, either because the ICRCs presence might be declared undesirable or because its delegates would no longer be safe. [3] By defending these values even in war, the guardian of international humanitarian law is also combating the feelings of helplessness and fear that make peoples indifferent to each other and drive them into isolation. Exclusion for the purpose of ethnic cleansing is also basically contrary to the essential principles of international humanitarian law. It is also important to have reliable information before making accusations. Efforts to regulate warfare have existed to a greater or lesser extent throughout history. Statement of the International Committee of the Red Cross (ICRC) to the UN Security Council: Annual Debate on Women, Peace and Security. And certainly such efforts are in accord with the mandate set forth in the Statutes of the International Red Cross and Red Crescent Movement, in Article 5(2)(g), for the ICRC to work for the understanding and dissemination of knowledge of international humanitarian law applicable in armed conflicts and to prepare any development thereof.. 38 refers to children in armed conflicts. 3, September 1987, Special issue on humanitarian law of armed conflict. It is therefore necessary and right to teach the basic rules at school, even to the youngest children. 8. Humanity in war, compassion for the victims, and impartiality, meaning no adverse distinction based on race, ethnic origin, religion, social class or any other factor, can and must be adopted as basic values in peacetime too. (2) delegates have witnessed the violations with their own eyes, or the existence and extent of those violations have been established on the basis of reliable and verifiable sources; 50. At 1 October 1996, 146 States were party to Protocol I and 138 to Protocol II. 52. The first was to declare army medical services neutral and give them a distinctive emblem so that they could function on the battle field. In 1977, after much preliminary work and persuasion by the ICRC, governments adopted Protocols I and II additional to the Geneva Conventions, which combine elements of Hague and Geneva law. It should also be and this is not its least merit an ideal opportunity to give new impetus to thinking on int ernational humanitarian law by involving specialists and research workers from all over the world. See Luigi Condorelli and Laurence Boisson de Chazournes, Quelques remarques propos de lobligation des tats de respecter et faire respecter le droit international humanitaire en toutes circonstances , in: Studies and essays on international humanitarian law and Red Cross principles in honour of Jean Pictet. The ICRC helps those affected by armed conflict and promotes compliance with international humanitarian law. 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. 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. The Law. 34. They may also tackle the causes and circumstances of these violations by reducing exposure to risk. International humanitarian law (IHL) regulates the use of force in armed conflict. The International Committee of the Red Cross (ICRC) is known first and foremost for its field operations in aid of victims of armed conflict and internal violence all over the world. See Art. International Committee of the Red Cross, Donate to Israel and the occupied territory, National Implementation of IHL: Documentation, The triple threat of climate change, conflict, and health emergencies: A deadly mix for the most vulnerable in fragile settings, Syria and Lebanon hit by cholera: Preventing the collapse of essential infrastructure is imperative to avoid devastating health and humanitarian consequences, ICRC proposes digital red cross/crescent emblem to signal protection in cyberspace, Climate change, conflict force communities in the Sahel region into desperate state. The earlier one wants to propagate the message of international humanitarian law, the more important it is to associate it with human rights. 14. 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. [15 ]. 28. IHL is also known as "the law of war" or "the law of armed conflict". Nowadays this scenario can be seen in two types of situation. Humanitarian action, like some aspects of international humanitarian law, may and indeed should be discussed in other faculties those of medicine and sociology, for example. Read more about what we do and who we are. 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. The four Geneva Conventions and their Additional Protocols give the ICRC a specific mandate to act in the event of armed conflict. 17. It seems essential that it be taught at universities, whether as a separate discipline complementing instruction in human rights or as part of courses on international law. Not only is this untrue, but a case can probably be made for the contrary view: an army that respects humanitarian law is more efficient because of its superior cohesion and morale [48 ] . 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. This was intended solely for Union soldiers fighting in the American Civil War, and as such did not have the status of a treaty. In the last few years it has had to work out new ways of getting the basic message of international humanitarian law across to all those bearing arms in the midst of conflict, even disorganized forces and fighters practically left to their own devices [51 ] . [10 ], These are only three examples showing that in certain respects the Geneva Conventions and their Additional Protocols might well need revision. The second function identified here is that of acting as a catalyst. 0700. In addition to the tasks incumbent upon it under IHL treaties, the ICRC has a broad right of initiative (see common Article 3, Article 9 of the First, Second and Third Geneva Conventions, and Article 10 of the Fourth Geneva Convention). It was the inadequacy of the rules protecting prisoners of war, highlighted by events during the First World War, that led to the drafting of the 1929 Geneva Conventions. But it is not easy to determine what those wishes are because the prisoner may have been subjected to propaganda or pressure, or have been given false or incomplete information. [12 ]. Articles 47, First Convention, 48, Second Convention, 127, Third Convention, and 144, Fourth Convention, Art. Above all, the Conference established, probably once and for all [23 ] , the principle that it is unlawful to use blinding as a means of warfare. 64. In such situations, penalizing the soldiers of the country in which UN forces were deployed merely because they opposed those forces would discourage them from respecting international humanitarian law what is the point, they might think, of behaving decently if you are classed as a criminal anyway? The best-known of these are Amnesty International and Mdecins sans frontires. 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. Intercross is the blog of the International Committee of the Red Cross in Washington D.C.. IHL is alsoknown as "the law of war" or "the law of armed conflict". That right is conferred on it by international humanitarian law itself, and hence by all the States that drew up and adopted that law. But sometimes the question of ratification may have to be purely and simply rescued from oblivion. 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. 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 For this reason, the ICRC reminds States of their obligation to make IHL widely known. 46. It does so chiefly through its Advisory Service on IHL, which provides technical guidance to States and helps their authorities adopt domestic implementing laws and regulations. See Franois Bugnion, op.cit., footnote 1, pp. Individual situations must be looked at dispassionately and in perspective, the aim being to learn from them and to seek appropriate remedies. Assistance activities vary with the situation. This paper will not dwell further on how that role has been discharged throughout its history; instead it will it consider the significance of the ICRCs role as guardian of international humanitarian law in todays world. Anti-personnel landmines: Friend or foe? Knowledge of international humanitarian law should have both an educational and a preventive effect. In addition, the ICRC has taken the initiative, through its brand-new Advisory Service, of convening a meeting of heads of existing or nascent national committees to share their experiences and make a preliminary assessment of the methods used. 1. Protocol on Blinding Laser Weapons (Protocol IV), adopted on 12 October 1995 (UN/CCW/CONF.I/7). The ICRC has often been blamed for failing to speak out when it should and for not doing enough to make the international community aware of unacceptable situations. 38. 221, March-April 1981, pp. 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. (1) the violations are major and repeated or likely to be repeated; The ICRC acts as the guardian of international humanitarian law, a complex role that is closely connected with its own foundation and was later formally entrusted to it by the international community. The ICRCs activities to protect people during armed conflict and other situations of violence are aimed at obtaining full respect for applicable law. In short, it has made a very direct contribution to the process of codification, during which its proposals were examined, and which has led to regular revision and extension of international humanitarian law, notably in 1906, 1929, 1949 and 1977. As Jean-Marie Henckaertsreminds us, rules of international law develop through the adoption of treaties or through the formation of customary rules based on State practice and opinio juris. It is in those domains of law that such a question might initially be answered. See Yves Sandoz,Appel du CICR dans le cadre du conflit entre lIrak et lIran, Annuaire franais du droit international , 1983, pp. The main purpose of this brief study is to show the importance of international humanitarian law, in particular the Geneva Conventions of 1949 and their Additional Protocols of 1977, for internally displaced persons, i.e. However, recent peacemaking and peacebuilding practice has consistently relied on IHL to frame peace efforts, mainly in non-international armed conflicts. In addition to potential roles with respect to sources of law, the ICRC commentaries should be seen as falling within a subsidiary source of international law: the teachings of the most highly qualified publicists. Aside from the talented ICRC lawyers working on the project in Geneva, various highly-regarded external contributors and editorsare assisting in the project, and such collaboration brings to it a world-wide expertise. The breakthrough on this issue came after the war, when governments adopted the four Geneva Conventions of 1949. 328-336. 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. 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. Intercross is the blog of the International Committee of the Red Cross in Washington D.C.. 238-249. 15. The 26th International Conference of the Red Cross and Red Crescent, at which the great majority of States were represented, confirmed this recommendation by consensus. Experience has led the ICRC to adopt a number of policy guidelines governing the manner in which is reacts to breaches of international humanitarian law [62 ] . Revue gnrale de droit international public. A third example relates to displaced persons. His role as a witness was, however, only one stage in a much more ambitious programme. This, therefore, is an area where cooperation and complementary action with the major organizations involved in such activities, such as UNESCO, is more vital than anywhere else. International humanitarian law will never be properly understood and assimilated without constant and thorough reflection. The ICRC also provides humanitarian assistance, such as consignments of foodstuffs, medical supplies and clothing, to people in need. See, for example, Law of war: Prepared for action. 57. The other situations in which humanitarian action has reached its limits are those where State structures are disintegrating. Handbook of the International Red Cross and Red Crescent Movement. The second work off the shelf was typically Jean Pictets four-volume commentaries on the four 1949 Conventions, an insightful, albeit already somewhat dated, analysis of those treaties with a particular eye on their negotiating history.Being a relative novice to the field, I doubt I asked why the Pictet commentaries, published from 1952 to 1959, were relevant; they happened to be at hand, they seemed well-crafted, and time was short to advise policy-makers on breaking developments with respect to treatment of prisoners, occupation of territory, and other matters. Decades later, the Pictet commentaries remain of continuing value, yet are now even more dated. In short, international humanitarian law must be transformed into a dynamic force so that it can better serve the interests of those it is designed to assist and protect. However, recent peacemaking and peacebuilding practice has consistently relied on IHL to frame peace efforts, mainly in non-international armed conflicts. The salient aspects of each of the 14 topics highlighted are outlined in short introductory texts, followed by references to articles from the Geneva Conventions and their Additional Protocols, and to the rules set out in the ICRC's study, Customary . See the report of the International Law Commission on the proceedings of its 47th session, 2 May-21 June 1995, and the Draft Code of Crimes against the Peace and Security of Mankind (A/CN.4/L.506) of 22 June 1995. The ICRC also cooperated very closely with the Institute in a major project to determine the state of international humanitarian law in relation to war at sea, which led to the publication in 1995 of the San Remo Manual on international law applicable to armed conflicts at sea . As stated above, the ICRC sees the work it does to encourage parties to armed conflict to comply with international humanitarian law as part of its direct action function. The Round Tables have been t he scene of informal discussion on subjects of great current interest, such as conflict prevention (1994) [36 ] , assistance to and protection of the most vulnerable groups (1995) [37 ] , and armed conflicts in failed States (1996) [38 ] . 298, January-February 1994, pp. 272-299. Part of the monitors duties is to say so, for it is pointless to seek the wrong remedies for real ills. They are not the context of a treaty, as meant in Article 31(1) of the 1969 Vienna Convention on the Law of Treaties, nor do they directly reveal the object and purpose of a treaty. 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. It inherently provides protections to victims of armed conflict while humanizing, at least to some degree, some of man's most inhumane acts. This first function is a sensitive and complex one. Since national measures generally involve several ministries (Justice, Education, Defence and Foreign Affairs), it was recommended that interministerial committees be formed, and several, some including representatives of National Red Cross and Red Crescent Societies, which have a role to play in this regard, have already been set up. In its operational role, the ICRC has excellent reasons to pursue its confidential and cooperative approach. 127-139; and Yves Sandoz, The Red Cross and peace: Realities and limits, Journal of Peace Research , Vol. In accordance with the mandate ent rusted to it [16 ] and with the procedure for revision set out in Article 98 of Protocol I of 1977, the IC RC consulted the States party and held a meeting of technical experts in 1989 to prepare for the amendment of the annex entitled Regulations concerning identification. The ICRC exercises this restraint because it wants to maintain its access to the victims. Protection activities include detention work (visiting prisons, assessing detention conditions, etc. Treaties of international law are often forgotten after they have been drafted and signed, and unfortunately this may also happen even when they are theoretically in force. For example, it is in regular contact with the Office of the United Nations High Commissioner for Refugees (UNHCR) for operational reasons, because the two organizations often work side by side in the field, and also to evaluate past operations and plan future ones, because the UNHCRs role with regard to refugee law is similar to the ICRCs role with regard to international humanitarian law. Symposium on humanitarian action and peace-keeping operations, Geneva, 22-24 June 1994, Report, Umesh Palwankar ed., Geneva, June 1995. 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. For academic circles will never take any real interest in a subject unless it is steadily developing and lends itself to research and reflection, which must not be confined to faculties of law. Within the International Red Cross and Red Crescent Movement the ICRC shares its thinking with experts of the National Societies and their International Federation. By what right may the ICRC remind parties to an armed conflict of their obligations to lecture them, so to speak? Indeed, the great majority of conflicts have occurred in countries most of whose inhabitants, hardly able to make a living even at the start of the conflict, have been reduced to destitution and dependence. The matter was carried a stage further in 1995, when governmental experts, recognizing that the ICRC could render great services in this respect, recommended that it step up its efforts to persuade St ates to incorporate international humanitarian law in their domestic law. What is international humanitarian law (IHL)? See XIXth Round Table on current problems of international humanitarian law, IRRC, No. Everything possible must therefore be done to ensure that the treaties of international humanitarian law are universally accepted, and that calls for a great deal of effort. 19, Protocol II. It has then reported on the problems encountered, and on that basis has made practical proposals for the impr ovement of international humanitarian law. [7 ]. The above outline gives an idea of the scope of the catalyst function, which involves enlisting experts in many disciplines to contribute, on the basis of their practical experience and their thorough knowledge of the existing rules, the fresh thinking that is indispensable for the application, interpretation and development of international humanitarian law, to resolve problems and prepare for future developments. 59. It is this latter aim that is the purpose of promotion, which in its turn has several aspects. Take, for example, the concept of mercenaries in the International Convention against the Recruitment, Use, Financing and Training of Mercenaries of 4 December 1989 [55 ] ; or the International Law Commissions concept of serious war crime, which threatened to weaken the very concept of war crime [56 These few examples serve to show that international humanitarian law is unfortunately still not fully understood even in the diplomatic circles that draw up rules overlapping its provisions. The restraint it has traditionally observed in this regard has been the most frequent source of misunderstanding concerning the ICRC, being wrongly ascribed to its principle of neutrality. Of course this does not invalidate the work done, because on the one hand not all displaced persons are covered by international humanitarian law, and on the other population movements give rise to specific humanitarian issues which need examination. 7. 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. Before leaving the subject we should mention the links the ICRC has forged within the International Red Cross and Red Crescent Movement; with international organizations concerned with matters not far removed from international humanitarian law; with academic institutions interested in the subject; and lastly with the many non-governmental organizations whose work in theatres of armed conflict and other emergencies has led them to undertake a critical analysis of such activities. There are so many humanitarian organizations nowadays that sound consultation mechanisms are essential; it would be unpardonable to waste energy and funds when needs are so immense and so far from being satisfied. 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. The aim of this article is to give an idea of the magnitude and complexity of the function of guardian of international humanitarian law which the international community has entrusted to the ICRC. ; Hans Haug, Can the Red Cross contribute to safeguarding peace? IRRC , No. 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. This was the origin of the Red Cross Movement [4 ] . 4 (d), of the 1995 Council of Delegates accordingly asked the International Red Cross and Red Crescent Movement to give the matter further thought. 37. 29. 66. . Strengthening of the coordination of humanitarian emergency assistance of the United Nations Organization. In fact, the ICRCs only concern in relation to breaches of international humanitarian law is to take the most effective action possible to do everything it can to spare the victims from having to suffer such breaches any longer. 583-594. 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. 41. See the Draft Code of Crimes against the Peace and Security of Mankind prepared by the International Law Commission, document A/CN.4/466 of 24 March 1995; and the ICRCs statement of 1 November 1995 to the UN General Assembly, with special reference to Art. Defending the forgotten victims of such situations is certainly one of the duties of a guardian of international humanitarian law which, indeed, has to extend its protection without discrimination to all those within its purview. 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 development of international humanitarian law). Universal jurisdiction in regard to war crimes has never functioned properly, and the setting-up of an international criminal court to repress war crimes and crimes against humanity [11 ] would be another reason for re-examining the relevant sections of the Conventions and Protocols. States party to the Geneva Conventions are now free to choose between the cross and the crescent, and indeed some States have changed from the cross to the crescent [9 ] . The ICRC, however, certainly has the will to encourage the establishment and expansion of the widest possible network of such institutions, and to engage with them in a thorough investigation of problems relating to this body of law. The United States welcomes the ICRC Customary International Humanitarian Law study's discussion of the complex and important subject of the customary ''international humanitarian law'' and it appreciates the major effort that the ICRC and the Study's authors have made to assemble and analyze a substantial amount of material. This is now being done by the UN General Assembly. 42. The second is to protect victims and give them direct assistance to remedy the inevitable shortcomings observed by ICRC delegates in such circumstances. Came into force in April 1863 give them a distinctive emblem so that they were both tremendous The basic rules at school, even to the Geneva Conventions also reappraisal! 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