The Role of the ICRC in the Development of International Humanitarian Law

1999 ◽  
Vol 4 (3) ◽  
pp. 503-527 ◽  
Author(s):  
◽  
Keyword(s):  
International Law ◽  
International Committee ◽  
Criminal Court ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Daily Lives ◽  
War Victims ◽  
Unique Status

AbstractAs a result of its unique status, the International Committee of the Red Cross (ICRC) has been closely involved in the negotiations of humanitarian law treaties. Two of the most recent negotiations – the ban on anti-personnel landmines and the establishment of an International Criminal Court – are presented as case studies. They provide a good indication of the varied and dynamic functions played by the ICRC in the development of international law. This role is complementary to the ICRC's field activities in the world's ``hot spots'', which provide valuable insights into the real problems that war victims face in their daily lives.

Comments on the ICRC Study on Customary International Humanitarian Law

2007 ◽  
Vol 44 ◽  
pp. 437-449
Author(s):  
Claude C. Emanuelli
Keyword(s):  
International Law ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court

SummaryThis comment takes a critical look at the method used by the International Committee of the Red Cross (ICRC) in its study of customary humanitarian law. It argues that the ICRC study reduces the concept of international custom to its definition under Article 38 of the Statute of the International Court of Justice. It also argues that the study overlooks some of the problems raised by the application of Article 38. It contends that the positions taken by the ICRC to identify customary rules of humanitarian law are somewhat ambiguous and even slanted. Finally, this comment suggests that, beyond questioning the ICRC study, it is the role of custom as a source of international law that is in question.

scholarly journals The International Committee of the Red Cross and the International Criminal Court: Turning international humanitarian law into a two-headed snake?

2021 ◽  
pp. 1-19
Author(s):  
Fernanda García Pinto
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Committee ◽  
Criminal Court ◽  
International Criminal Law ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Gender Based Violence ◽  
Critical Approach

Abstract The International Committee of the Red Cross and the International Criminal Court are two very different entities that simultaneously apply international humanitarian law but do so after their own perspectives. This article proposes a cautious yet critical approach to some of their divergent interpretations (conflict classification, the difference between direct and active participation in hostilities, intra-party sexual and gender-based violence, and the notion of attack) and examines how the broader legal system copes with these points of divergence. The analysis considers the institutional characteristics of these two organizations and the pluralistic nature of international humanitarian law as well as its dynamic rapport with international criminal law in order to highlight the versatility needed to face the challenges posed by contemporary armed conflicts.

An Exercise in the Development of International Law: The New ICRC Study on Customary International Humanitarian Law

2005 ◽  
Vol 6 (9) ◽  
pp. 1217-1242 ◽  
Author(s):  
Malcolm MacLaren ◽  
Felix Schwendimann
Keyword(s):  
International Law ◽  
Significant Contribution ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
High Level

On 17 March 2005, the President of the International Committee of the Red Cross (ICRC), Jakob Kellenberger, presented a study (hereinafter “the Study”) of customary international humanitarian law (IHL). A decade earlier, the International Conference of the Red Cross and Red Crescent had mandated the ICRC to “prepare […] a report on customary rules of IHL applicable in international [IAC] and non-international armed conflicts [NIAC], and to circulate the report to States and competent international bodies.” The Study's objective was to capture a “photograph” of the existing, hitherto unwritten rules that make up customary IHL. Comprehensive, high-level research into customary IHL followed; the end result of which is undeniably a remarkable feat and a significant contribution to scholarship and debate in this area of international law.

Ten questions to Philip Spoerri, ICRC Director for International Law and Cooperation

2012 ◽  
Vol 94 (887) ◽  
pp. 1125-1134 ◽  
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Republic Of The Congo ◽  
The One

With the globalisation of market economies, business has become an increasingly prominent actor in international relations. It is also increasingly present in situations of armed conflict. On the one hand, companies operating in volatile environments are exposed to violence and the consequences of armed conflicts. On the other hand, some of their conduct in armed conflict may lead to violations of the law.The International Committee of the Red Cross (ICRC) engages with the private sector on humanitarian issues, with the aim of ensuring compliance or clarifying the obligations that business actors have under international humanitarian law (IHL) and encouraging them to comply with the commitments they have undertaken under various international initiatives to respect IHL and human rights law.In times of conflict, IHL spells out certain responsibilities and rights for all parties involved. Knowledge of the relevant rules of IHL is therefore critical for local and international businesses operating in volatile contexts. In this Q&A section, Philip Spoerri, ICRC Director for International Law and Cooperation, gives an overview of the rules applicable to business actors in situations of conflict, and discusses some of the ICRC's engagement with business actors.Philip Spoerri began his career with the ICRC in 1994. Following a first assignment in Israel and the occupied and autonomous territories, he went on to be based in Kuwait, Yemen, Afghanistan, and the Democratic Republic of the Congo. In Geneva, he headed the legal advisers to the Department of Operations. He returned to Afghanistan as head of the ICRC delegation there from 2004 to 2006, when he took up his current position. Before joining the ICRC, he worked as a lawyer in a private firm in Munich. He holds a PhD in law from Bielefeld University and has also studied at the universities of Göttingen, Geneva, and Munich.

The International Committee of the Red Cross and the protection of war victims

1995 ◽  
Vol 35 (307) ◽  
pp. 426-426
Author(s):  
The Review
Keyword(s):  
International Committee ◽  
International Community ◽  
Deputy Director ◽  
Red Cross ◽  
International Humanitarian Law ◽  
International Review ◽  
Humanitarian Law ◽  
War Victims

In its recent issues the International Review of the Red Cross announced the publication of a work entitled Le Comité international de la Croix-Rouge et la protection des victimes de la guerre by François Bugnion, Deputy Director of the ICRC Department of Principles, Law and Relations with the International Red Cross and Red Crescent Movement.The book has already become the reference work par excellence on the International Committee of the Red Cross in that it analyses, in a combined historical and legal approach, the process whereby the international community came to entrust the Committee with tasks and areas of competence relating to the protection of war victims. It also highlights the interaction between the development of ICRC practice and that of international humanitarian law.

Reflections on the development of the Movement and international humanitarian law through the lens of the ICRC Library's Heritage Collection

2018 ◽  
Vol 100 (907-909) ◽  
pp. 143-163
Author(s):  
Ismaël Raboud ◽  
Matthieu Niederhauser ◽  
Charlotte Mohr
Keyword(s):  
Geneva Convention ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Action ◽  
The First World War ◽  
History Of ◽  
War Victims ◽  
The Way

AbstractThe International Committee of the Red Cross (ICRC) Library was first created at the initiative of the ICRC's co-founder and president, Gustave Moynier. By the end of the nineteenth century, it had become a specialized documentation centre with comprehensive collections on the International Red Cross and Red Crescent Movement, international humanitarian law (IHL) and relief to war victims, keeping track of the latest legal debates and technological innovations in the fields related to the ICRC's activities. The publications collected by the Library until the end of the First World War form a rich collection of almost 4,000 documents now known as the ancien fonds, the Library's Heritage Collection.Direct witness to the birth of an international humanitarian movement and of IHL, the Heritage Collection contains the era's most important publications related to the development of humanitarian action for war victims, from the first edition of Henry Dunant's groundbreaking Un souvenir de Solférino to the first mission reports of ICRC delegates and the handwritten minutes of the Diplomatic Conference that led to the adoption of the 1864 Geneva Convention. This article looks at the way this unique collection of documents retraces the history of the ICRC during its first decades of existence and documents its original preoccupations and operations, highlighting the most noteworthy items of the Collection along the way.

scholarly journals The concept and mechanisms of implementation of international humanitarian law (comparative study): مفهوم وآليات تنفيذ القانون الدولي الإنساني ( دراسة مقارنة )

2017 ◽  
Vol 1 (4) ◽  
Author(s):  
Abker Ali Abdul Majid Ahmed - Ahmed Hammad Abd Allah Abdel R
Keyword(s):  
Comparative Study ◽  
International Law ◽  
Moral Values ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Islamic History

The international humanitarian law is mere a fruits for a set of ethics and moral values that call for peaceful solutions and rejecting wars between estates. This international law, aimed at restricting power using in armed conflicts for two reasons: The first one is reducing the violence effects that exceed the allowed limits on combatants, while the second is avoiding harming those who have no hand in conflicts. The topic has been discussed in three chapters, the first tackled the understanding of the international humanitarian law, acknowledging it, explaining its nature and its contents as basic settled principals in the Islamic sharia though not mentioned namely. We have produced from Arabic and Islamic history models telling the extent to which the international humanitarian law relied on Islamic sharia. In the second chapter, we explained the duties and the principals of the Red Cross international committee, since it's responsible for guarding, developing and disseminating the principals of the international humanitarian law. We have concluded that the conceptions of international humanitarian law are well settled in the Islamic sharia as general principals though not adopting the same terminologies. We also found that the ends and principals of the Islamic sharia have sowed the seeds of what is known in the contemporary era, as Humanitarian International law. We can see that in words of the prophet may Allah peace and blessings be upon him, and in the implications of the companions, may Allah bless them, and the views of jurists regarding to the matter of war, the management of Jihad and directing soldiers.   

The International Committee of the Red Widget? The Diversity Debate and International Humanitarian Law

2007 ◽  
Vol 40 (2) ◽  
pp. 614-647 ◽  
Author(s):  
René Provost
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
International Committee ◽  
Cultural Relativism ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Laws Of War ◽  
The Impact

This article asserts there has been a lack of attention to the impact of cultural diversity within the field of international humanitarian law. Discussions surrounding culture in international humanitarian law have nearly always avoided the central issue of cultural particularism. This has been so in relation to the debate surrounding the emblem, in general surveys of humanitarian law, and in discussions of the laws of war in distinct legal and cultural traditions. The emblems debate, in particular, signals the elusiveness of rigid universality within international humanitarian law. Five elements are suggested to explain the resistance of humanitarian law to contagion by the cultural relativism debate in human rights: the nature of human rights, the distinct normative frameworks of human rights and humanitarian law, the unified conventional basis of humanitarian law, the very broad participation in the humanitarian regime, and the unique role of the International Committee of the Red Cross. While these reasons might explain the fact that the relativism debate in human rights did not readily transfer to humanitarian law, they offer no substantive basis for immunity for humanitarian law to the challenges posed by cultural diversity. Ultimately, the article proposes a legal pluralist approach that recognizes the role of actors in the cultural process of norm-creation. Given the continued violation of the laws of war, the author suggests a need to open the door to cultural diversity in order to generate greater compliance. Without cultural legitimacy, there is a danger that humanitarian law aspires to self-defeating universalism.

scholarly journals Means and methods of combat - differing parameters and requirements of military necessity in international humanitarian law and international criminal law

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Committee ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Doctrine ◽  
Military Necessity

<p>The concept of military necessity is of fundamental importance for International Humanitarian Law (IHL), International Criminal Law (ICL) and International Law, generally. States and individuals have used military necessity as a justification when extraordinary situations “require the adoption of measures departing from the normally applicable law in order to protect basic values and fundamental interests.”1 Measures adopted on the grounds of necessity have been accepted at international law by international courts and tribunals, state practice, and international legal doctrine. This paper will analyse and explain the origins of military necessity under IHL, and how military necessity’s use has developed and influenced the behaviour of actors at international law, primarily during times of armed conflict. Furthermore, this paper will seek to establish the role that military necessity plays at ICL. This will be done by analysing various case law examples of international tribunals where the tribunals have been asked to determine whether military necessity constituted a legitimate justification for a particular course of action taken by an individual, primarily in positions of command. This paper will highlight the circumstances where a legitimate finding of military necessity existed, and will contrast this to occasion where actions did not meet the required threshold. It will also seek to determine how military necessity is interpreted and understood by various international organisations such as the International Criminal Court (ICC), the United Nations (UN), and the International Committee of the Red Cross (ICRC). The paper will begin with by providing an overview of the origins of military necessity under IHL and how it has evolved in its interpretation and usage by authors writing on military necessity, and states seeking to utilise it.</p>

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