Screening of final beneficiaries – a red line in humanitarian operations. An emerging concern in development work

2021 ◽  
pp. 1-21
Author(s):  
Emanuela-Chiara Gillard ◽  
Sangeeta Goswami ◽  
Fulco van Deventer
Keyword(s):  
Present Article ◽  
Development Work ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Action ◽  
Humanitarian Operations ◽  
Development Interventions ◽  
Red Line

Abstract Funding agreements for humanitarian action frequently include restrictions and requirements in their grants that aim to ensure that recipients of the funding comply with counterterrorism measures and sanctions adopted by the donor. These measures can be problematic if they prevent humanitarian actors from operating in accordance with humanitarian principles or are incompatible with international humanitarian law. While attention has focused primarily on requirements in grants for humanitarian action, increasingly donors to development work have also started including sanctions- and counterterrorism-related restrictions in their grants. The present article focuses on one such measure that is currently a live concern: requirements to screen and, thus, potentially exclude final beneficiaries. It explains why these requirements go over and above what sanctions and counterterrorism measures require, and why they are inconsistent with humanitarian principles and international humanitarian law. The article also explores the position in relation to development interventions.

The ICRC Library goes digital

2020 ◽  
pp. 1-2
Keyword(s):  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Reference Library ◽  
Parallel Development ◽  
Humanitarian Action ◽  
The Core ◽  
The Past

The ICRC Library is home to unique collections retracing the parallel development of humanitarian action and law during the past 150+ years. With the core of these collections now digitized, this reference library on international humanitarian law (IHL) and the International Committee of the Red Cross (ICRC) is a resource available to all, anytime, anywhere.

scholarly journals La Réparation Individuelle en Application des Mécanismes Prévus par le Droit International Humanitaire

2009 ◽  
Vol 27 (2) ◽  
pp. 431
Author(s):  
Sophie Rondeau
Keyword(s):  
Present Article ◽  
Present State ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Normative Framework ◽  
Droit International ◽  
The Right ◽  
Droit International Humanitaire

Le présent article fait état d’un questionnement sur l’état actuel du rôle des normes juridiques émanant du système de droit international humanitaire (DIH) en ce qui a trait au droit à la réparation, en prenant soin de mettre la personne en tant que victime de la guerre au centre de notre réflexion. En considérant la notion de réparation sous l’angle de la victime comme un tout à décrire et à analyser, nous cherchons à savoir s’il existe un droit à la réparation que possède la victime d’un conflit armé régi par le droit international humanitaire. Le fondement même de cette recherche s’appuie donc sur le cadre normatif conventionnel du DIH régissant la notion de réparation, que cette dernière accorde ou non un droit à une victime.This paper presents a series of questions on the present state of the role of judicial standards arising from the system of international humanitarian law [IHL] as regards the right to compensation, by making it a point to place the person as a war victim at the center of our reflection. In considering the concept of compensation from the angle of the victim as a whole, we seek to know whether there exists a right to compensation to which the victim of an armed conflict governed by international humanitarian law is entitled. The very foundation of this research is thus based on the conventional normative framework of IHL governing the concept of compensation, whether or not it grants a right to a victim.

Conflict-induced Food Insecurity and the War Crime of Starvation of Civilians as a Method of Warfare

2019 ◽  
Vol 17 (4) ◽  
pp. 753-779
Author(s):  
Dapo Akande ◽  
Emanuela-Chiara Gillard
Keyword(s):  
Food Insecurity ◽  
International Criminal ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Relief ◽  
Humanitarian Action ◽  
General Rules ◽  
Relief Operations ◽  
Principle Of Proportionality

Abstract This article examines the rules of international humanitarian law (IHL) relevant to avoiding or minimizing conflict-induced food insecurity. It is important to consider these rules in order to appreciate the range of protections to which civilians are entitled. Understanding these rules is also essential for interpreting the relevant provisions of international criminal law, including, most notably, the war crime of starvation of the civilian population. After providing a brief outline of the general rules of IHL respect of which can reduce the risk of food insecurity, the article focuses on two sets of rules of direct relevance to food insecurity: the prohibition of starvation of civilians as a method of warfare and the rules regulating humanitarian relief operation. With regard to the former, the article considers whether, under IHL, the prohibition requires that the party that has engaged in the conduct must act with the purpose of causing starvation. It is argued that while the general prohibition of starvation in IHL requires such purpose, there are other, more specific, rules of IHL directed at reducing food insecurity which do not require such purpose. Consideration is also given to the application of the principle of proportionality to measures which have the effect of causing starvation. While most of this article focuses on IHL, it also provides some reflections on the interplay between the rules of IHL relating to humanitarian relief operations and the war crime of starvation in the International Criminal Court’s Statute. Moving briefly away from IHL, the article also highlights a normative tension that can impede humanitarian action and therefore exacerbate food insecurity.

Ambivalent Humanitarian Crises and Complex Emergencies

2020 ◽  
Author(s):  
Dennis Dijkzeul ◽  
Diana Griesinger
Keyword(s):  
Academic Disciplines ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Crisis ◽  
Fine Grained ◽  
Humanitarian Action ◽  
Humanitarian Crises ◽  
Different Types ◽  
Local Actors ◽  
Definition Of

The term “humanitarian crisis” combines two words of controversial meaning and definitions that are often used in very different situations. For example, there is no official definition of “humanitarian crisis” in international humanitarian law. Although some academic disciplines have developed ways of collecting and analyzing data on (potential) crises, all of them have difficulties understanding, defining, and even identifying humanitarian crises. Following an overview of the use of the compound noun “humanitarian crisis,” three perspectives from respectively the disciplines International Humanitarian Law, Public Health, and Humanitarian Studies are discussed in order to explore their different but partly overlapping approaches to (incompletely) defining, representing, and negotiating humanitarian crises. These disciplinary perspectives often paint an incomplete and technocratic picture of crises that is rarely contextualized and, thus, fails to reflect adequately the political causes of crises and the roles of local actors. They center more on defining humanitarian action than on humanitarian crises. They also show four different types of humanitarian action, namely radical, traditional Dunantist, multimandate, and resilience humanitarianism. These humanitarianisms have different strengths and weaknesses in different types of crisis, but none comprehensively and successfully defines humanitarian crises. Finally, a multiperspective and power-sensitive definition of crises, and a more fine-grained language for comprehending the diversity of crises will do more justice to the complexity and longevity of crises and the persons who are surviving—or attempting to survive—them.

scholarly journals DEBATE: Should the obligations of states and armed groups under international humanitarian law really be equal?

2011 ◽  
Vol 93 (882) ◽  
pp. 425-442 ◽  
Author(s):  
Marco Sassòli ◽  
Yuval Shany
Keyword(s):  
Legal Reasoning ◽  
Legal Protection ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Humanitarian Action ◽  
Third Dimension ◽  
Image Position

By introducing a new ‘debate’ section, the Review hopes to contribute to the reflection on current ethical, legal, or practical controversies around humanitarian issues. This section will expose readers to the key arguments concerning a particular contemporary question of humanitarian law or humanitarian action.For this first debate, the Review asked two members of its Editorial Board, Professor Marco Sassòli and Professor Yuval Shany, to debate on the topic of equality of states and armed groups under international humanitarian law. Professor René Provost comments on this debate, adding a third dimension to the discussion.The crucial question is whether it is realistic to apply the current legal regime to non-state armed groups. How can armed groups, with sometimes very limited means and low levels of organization, meet the same obligations as states? What are the incentives for armed groups to respect rules that their opponents have enacted? Why should they respect any rules when the very fact of taking arms against the state already makes them ‘outlaws’?All participants in this discussion share an aspiration to ensure better legal protection for all those affected by armed conflicts. Professors Sassòli and Shany have agreed to present two ‘radically’ opposed stances, Professor Sassòli maintaining that equality should be reconsidered and replaced by a sliding scale of obligations, and Professor Shany rebutting this assertion. Professor Provost then reflects on the stances put forward by the two debaters and invites us to revisit the very notion of equality of belligerents.The debaters have simplified their complex legal reasoning for the sake of clarity and brevity. Readers of the Review should bear in mind that the debaters actual legal positions are more nuanced than they may appear in this debate.

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.

Dissemination

1990 ◽  
Vol 30 (S1) ◽  
pp. 95-97
Keyword(s):  
Specific Role ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Action

Dissemination of international humanitarian law and the principles of the International Red Cross and Red Crescent Movement is always one of the ICRC's primary objectives. Through such activities the ICRC seeks to promote respect for international humanitarian law and prevent violations of it; to increase the effectiveness and safety of humanitarian action; and to strengthen the Movement's identity and cohesion whilst making the specific role of each of its components (ICRC, League, National Societies) better known.

Humanity: Our Priority Now and Always

1999 ◽  
Vol 13 ◽  
pp. 23-28 ◽  
Author(s):  
Cornelio Sommaruga
Keyword(s):  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
New Techniques ◽  
Public And Private ◽  
Humanitarian Action

Thomas Weiss oversimplifies when he identifies the International Committee of the Red Cross (ICRC) with the classicist position of nonconfrontation. The ICRC defines humanitarian action to include advocacy through public and private channels to protect individuals and communities against violations of international humanitarian law. Weiss rightly points out the difficulty of making belligerents, or “unprincipled actors,” understand the value of nonpartisan and impartial action.Still, the ICRC remains committed to finding new language for communicating the principles of humanitarian action and new techniques of negotiation. In this regard the ICRC is classicist. But this classicism places the ICRC on the side of the solidarists in defending the interests of individuals and communities in distress, and on the side of the maximalists in its advocacy of international humanitarian law.

Respecting international humanitarian law and safeguarding humanitarian action in counterterrorism measures: United Nations Security Council resolutions 2462 and 2482 point the way

2021 ◽  
pp. 1-38
Author(s):  
Nathalie Weizmann
Keyword(s):  
Adverse Effects ◽  
United Nations ◽  
Financial Institutions ◽  
Security Council ◽  
United Nations Security Council ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Action ◽  
Humanitarian Organizations ◽  
Scope Of Application

Abstract United Nations, regional and domestic counterterrorism measures have generated a cascade of adverse effects for impartial humanitarian activities in areas where designated groups are present. Certain humanitarian activities, diverted supplies and incidental payments can fall foul of broadly worded counterterrorism regulation proscribing or criminalizing financial and other support to designated groups. Donors to humanitarian organizations set strict conditions and financial institutions decline transactions, hampering impartial humanitarian activities in the very instances in which international humanitarian law (IHL) requires that they be allowed. Recognizing this, United Nations Security Council (UNSC) resolutions 2462 and 2482 adopted in 2019 have spelled out more explicitly than ever before the need for counterterrorism measures to comply with IHL and safeguard impartial humanitarian action in line with IHL. This article sets out those IHL obligations that govern humanitarian and medical activities and the types of safeguards that States have put in place to ensure their counterterrorism measures comply with IHL and allow for these activities. The UNSC's latest steer in resolutions 2462 and 2482 provides a foundation for States’ exclusion of impartial humanitarian and medical activities from the scope of application of their counterterrorism measures. This can be an effective way of averting adverse consequences for these activities where designated entities are present.

Cooperation agreement with the Organization of American States

1996 ◽  
Vol 36 (313) ◽  
pp. 443-446
Keyword(s):  
Vital Role ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Cooperation Agreement ◽  
Humanitarian Action ◽  
Governmental Organizations ◽  
American States ◽  
Displaced People ◽  
The Individual

Promoting the implementation, dissemination and observance of international humanitarian law has assumed a more crucial place than ever among measures aimed at preventing grave threats to the life and dignity of the individual in armed conflicts. Regional governmental organizations have a vital role to play in this respect. Indeed, emergency humanitarian action and other humanitarian issues, such as the problem of displaced people, anti-personnel landmines and the security of humanitarian workers, figure on their agenda and are often discussed during their meetings.

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