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OUTLINE. WHO? WHEN? WHAT? HOW? “WORKING WITH THE MILITARY”. WHO?. THE INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT The National Red Cross and Red Crescent Societies The International Federation of the Red Cross (IFRC) The International Committee of the Red Cross (ICRC).
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OUTLINE • WHO? • WHEN? • WHAT? • HOW? • “WORKING WITH THE MILITARY”
WHO? THE INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT The National Red Cross and Red Crescent Societies The International Federation of the Red Cross (IFRC) The International Committee of the Red Cross (ICRC)
Structure & legal status • Mono-nat’l character/structure • International action 3. Legal status: NGO with international legal personality
WHEN? • INT’L ARMED CONFLICT • NON-INT’L ARMED CONFLICT • INTERNAL VIOLENCE or DISTURBANCES • PEACETIME
WHAT? • HUMANITARIAN ASSISTANCE • IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW
General task To serve as a neutral intermediary between parties, in order to bring protection and assistance to the victims
Specific tasks a. Visit & interview b. Relief c. Search, trace & forward msgs d. Hospital & safety zones e. Substitute or quasi-substitute
How? • The right of access • The right of initiative
Right of access(the State cannot legally refuse) International armed conflict (1949 GC & 1977 AP I)
The right of initiative(the State may refuse) “The ICRC may take any humanitarian initiative which comes within its role as a specifically neutral and independent intermediary, and may consider any question requiring examination by such an institution”. (Non-int’l armed conflicts, internal violence o disturbances, peacetime)
Fundamental Principles • Independence • Humanity • Neutrality • Impartiality
Independence While obeying the laws of a country, it must make its own decisions, guided by the Fundamental Principles & its Statutes.
Humanity* To bring assistance without discrimination to the wounded on the battlefield & to prevent and alleviate human suffering wherever it may be found.
Neutrality* In order to enjoy the confidence of all, the Movement may not take sides in hostilities or engage at any time in controversies of a political, racial, religious or ideological nature.
Impartiality* It does not discriminate against any individual or group, helping those in greatest need.
“The centralhumanitarian mission of protecting civilian life and safety is preciselywhat is under siege in military engagement. How can humanitarianorganizations develop closer and more continuous working relationshipswith military organizations without compromising their mission?”(Kosovo Report of the International Independent Commission on Kosovo, 2000)
ASSISTANCE • Humanitarian action • Political & military action (NATO, EU, UN, etc.)
HUMANITARIAN ASSISTANCE • Based on humanity, impartiality & neutrality • States’ duty
PEACE-SUPPORT OPERATIONS • Peace-keeping • Peace-enforcement • Peace-building
HUMANITARIAN INTERVENTION “Coercive action by states involving the use of armed force in another state without the consent of its government, with or without authorisation from the UN Security Council, for the purpose of preventing or putting to a halt gross and massive violations of HRL o IHL.”
NOT HUMANITARIAN INTERVENTION but… “Armed intervention in response to serious breaches of IHL and HRL”. (A. Ryniker, “The ICRC’s position on ‘Humanitarian Intervention’”, 2001).
HA THRU ARMED FORCEPROBLEMS • Strategic: invasion of l’espace humanitaire, perception • Operational: risks for civilians & humanitarian personnel
VI. ICRC’S APPROACH(strengths & weaknesses) NEUTRALITY> CONFIDENTIALITY> TRUST> ACCESS
Confidentiality(not publicity) • Rule of confidentiality • Exceptions • Neutrality = inaction?
B. Cooperation(not confrontation) 1. Protection: prior authorization = safety? (armed escorts -perception, precedent-; banditry & petty crime -PKO, security personnel). 2. Support: airlifts, taking control over the use of airspace & runways (needs over availability)
C. Access to victims(not investigation of violations) 1. IHL violations as existing facts: prevention, control, repression 2. Justice or charity?
COOPERATION(strategic level) • Military: order & security, conflict settlement • ICRC: protect human dignity & save lives • Consultations w/policy- & decision-makers
COOPERATION(operational level) • Consultations, exchange info • Protection & support • Participation in training, exercises & conferences on civil-military action