CIVIL- MILITARY COORDINATION AND “ HUMANITARIAN GUIDELINES ”

1. CIVIL- MILITARY COORDINATION AND “HUMANITARIAN GUIDELINES” U.S. Institute of Peace Marcia Wong Jim Ruf 22 Aug 13

2. ”COMMUNITY OF RESPONSE” US Embassy Kabul -State Department offices and… DHS (CBP, ICE, TSA) HHS USAID DEA DNI agencies …and DoD components and ISAF But there’s more… International organizations (UN, ICRC) Individual donor countries NGOs (humanitarian, development) Private sector Private contractors Media/Social media Host government and local civil society groups

3. International Humanitarian Law • The Battle of Solferino, 1859: genesis of the ICRC, first professional humanitarian organization • International Humanitarian Law: regulates conduct of armed conflict (Geneva and Hague Conventions, body of treaties, customary international law) • Protection of humanitarian workers and non-combatant civilians—Geneva Conventions of 1949 and related Protocol of 1977 • IHL Principles: Distinction, Proportion, Precaution

4. Humanitarian Principles • Humanity: alleviate suffering wherever it exists, respect for human dignity and rights • Impartiality: assist with no discrimination • Neutrality: HA must be provided without engaging in hostilities or taking sides • Independence: autonomous from political, economic, military or other objective than any actor of government may hold with regard to areas where HA is being implemented (sources: UN General Assembly Resolution 46/182 and 58/114)

5. Department of Defense Principles • Preserve Life and minimize suffering • Necessity: provides for the right for armed forces to use an appropriate degree or means of force that is not specifically forbidden and necessary to achieve the objective sought • Proportionality: requires that incidental injury or damage must not be disproportionate to the legitimate military advantages secured by the use of force (Source-JP 3.07.6 Joint Tactics, Techniques and Procedures for Foreign Humanitarian Assistance)

6. Department of Defense: Foreign Humanitarian Assistance • FHA operations relieve or reduce the impact of natural or man-made disasters or other endemic conditions such as human pain, disease, hunger, or privation in countries or regions outside the United States • When directed by the President or SecDef when a serious international situation threatens the political or military stability of a region considered of interest to the United States • When Secretary of Defense deems the humanitarian situation itself sufficient and appropriate for employment of US forces. • Authority. United States Public Law. Statutory authority for USG agencies to provide FHA is contained in the Foreign Assistance Act (FAA) of 1961, as amended, in title 10 of the US Code (USC). These statutes authorize assistance in order to: • Preserve life and minimize suffering by providing warning of natural events that often result in disaster; • Preserve life and minimize suffering by responding to man-made disasters; • Foster self-sufficiency among disaster prone nations by helping them achieve some measure of preparedness; • Alleviate suffering by providing rapid, adequate response to aid requests; and • Enhance recovery through rehabilitation programs.

7. Department of Defense: Foreign Humanitarian Assistance • Types of Humanitarian Support: • HA programs carried out on a regular basis by the Department of Defense (DOD) include the Excess Property Program (title 10, United States Code (USC), section 2547), which makes available nonlethal DOD property ; • Humanitarian Assistance Program (title 10, USC, section 2561), which authorizes transportation and distribution of humanitarian supplies as well as disaster relief training and assessments, small scale construction, and other humanitarian purposes worldwide • Denton Space Available Transportation Program (title 10, USC, section 402), which allows for military transport of privately donated humanitarian cargo • Humanitarian and Civic Assistance (HCA) Program (title 10, USC, section 401), which provides medical, dental, and veterinary care, construction of rudimentary surface transportation systems, well drilling and construction, and repair of public facilities. HA provided under HCA must be in conjunction with exercises or other military operations, and must fulfill unit training requirements that incidentally create humanitarian benefits.

8. Department of Defense: Humanitarian AND Civic Assistance • Term describes relief and “development-like” activities that take place during military exercise, training or operation overseas. • Key tool in fight against terrorism and countering violent extremism, supporting political stability • Goals include: • --address conflict drivers and root causes of ideological extremism; • --map “human terrain”—understand population • --extend the host government’s legitimacy and authority by gaining support of local communities (example: Jordan) Special Funding, e.g. CERP in Iraq and Afghanistan, other reconstruction funds utilized globally

9. USIP: Civil-Military Working Group The USIP-facilitated Civilian-Military Working Group is a network of experts and practitioners from key non-governmental humanitarian organizations, international entities, and U.S. government civilian and military agencies involved with humanitarian and crisis response. • CONVENE: the CMWG is the recognized venue for experts to build knowledge, share information and advance the dialogue among the humanitarian NGO community and government civilian and military agencies • CONSULT: the CMWG is a consultative mechanism for the crisis response community to receive expert input on doctrine, policy guidance, operational procedures etc. which affect the operational environment during crisis/humanitarian response • COMMUNICATE: the CMWG shares good practices and lessons learned, identifies emerging issues and specific concerns and communicates to policy makers, training/education community and implementers

10. Civil-Military Relations • The Guidelines for Relations Between U.S. Armed Forces and Non-Governmental Humanitarian Organizations • Seeks to mitigate frictions between military and NGO personnel over the preservation of humanitarian space • Provides “rules of the road” for how the two entities should operate in hostile environments The Guide for Participants in Peace, Stability, and Relief Operations • Seeks to help those in the field and at headquarters understand their environment, counterparts, and challenges • Provides a framework and scenarios for operations • Describes institutions that respond to crisis • Profiles international organizations, NGOs, U.S. Government agencies and the U.S. military Not for further distribution or reproduction without permission of the United States Institute of Peace.

11. Challenges • Awareness of multiple actors in same space with different resources and authorities • Coordination and communication mechanisms—without, may result in competing projects and conflicting activities • Differing objectives (possible to agree to disagree?) • Differing timelines and goals, sustainability • Lack of shared lexicon or terminology (“force multipliers”; “unity of effort”) • Information sharing platforms • Differences within NGO community itself

12. Informing the Future? CO-EXISTENCE and COMMUNICATION….sharing physical space and attempting to communicate to deconflict activities COORDINATION….forum or neutral third party (like UN/OCHA) assists to avoid civ-mil tension COOPERATION…..humanitarian and military personnel can work together to provide HA (Haiti, Pakistan, South East Asia tsunami) -------------------------------------------------------------------------------------------------- ……TRAIN, EDUCATE AND EXERCISE…..