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)

THE CURRENT EMBLEMS

A NEW EMBLEM?

Structure & legal status

1. Mono-nat’l character/structure

2. 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 precisely

what is under siege in military engagement. How can

humanitarianorganizations develop closer and

more continuous working relationships

with 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 FORCE

PROBLEMS• Strategic: invasion of l’espace

humanitaire, perception

• Operational: risks for civilians & humanitarian personnel

VI. ICRC’S APPROACH(strengths & weaknesses)NEUTRALITY>

CONFIDENTIALITY>

TRUST>

ACCESS

A.Confidentiality(not publicity)

1. Rule of confidentiality

2. Exceptions

3. 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?

“WORKINGWITH THEMILITARY”

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

MY TIME IS UP!THANK YOU!