Chapter 10. Implementation Of International Humanitarian Law And The Role Of The International Committee Of The Red Cross

2006 ◽  
pp. 579-591
Keyword(s):  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law

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.

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.

The Role of the International Committee of the Red Cross

2014 ◽  
Author(s):  
Jakob Kellenberger
Keyword(s):  
Armed Conflict ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law

The International Committee of the Red Cross (ICRC) is an independent and impartial organization dedicated to the protection and care of victims of armed conflict and other violent situations. It also vows to uphold international humanitarian law (IHL) and universal humanitarian principles. This chapter explains the ICRC’s mandate and activities, and its contributions to the clarification and development of IHL.

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.

Bridging the Accountability Gap

2020 ◽  
Vol 18 (3) ◽  
pp. 567-597
Author(s):  
Hannes Jöbstl
Keyword(s):  
War Crimes ◽  
International Committee ◽  
Customary Law ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Individual ◽  
Penal Sanctions ◽  
Accountability Gap ◽  
Alternative Solutions

Abstract During non-international armed conflict, war crimes often go unpunished in areas where state authorities are unable to enforce the law. While states are under a customary law obligation to investigate and prosecute war crimes committed on their territory or by their nationals, the Customary International Humanitarian Law Study of the International Committee of the Red Cross has not found that this obligation extends to armed non-state actors (ANSAs). Nevertheless, command responsibility requires the individual commander to punish their forces in case war crimes have been committed and a growing amount of state practice demanding similar commitments — both legally and politically — from these actors as such can be observed over the past two decades. Indeed, ANSAs routinely impose penal sanctions onto their subordinates and often establish judicial structures in order to do so. This article argues that whereas ANSAs should be under some form of obligation to ensure accountability, alternative solutions to makeshift courts and penal proceedings might be better suited to prevent impunity and maintain fair trial guarantees.

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.

UN Peacekeeping Operations: Applicability of International Humanitarian Law and Responsibility for Operations-Related Damage

2000 ◽  
Vol 94 (2) ◽  
pp. 406-412 ◽  
Author(s):  
Daphna Shraga
Keyword(s):  
United Nations ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Peacekeeping Operations ◽  
Geneva Conventions ◽  
Un Peacekeeping ◽  
The United Nations ◽  
First Time

In the five decades that followed the Korea operation, where for the first time the United Nations commander agreed, at the request of the International Committee of the Red Cross (ICRC), to abide by the humanitarian provisions of the Geneva Conventions, few UN operations lent themselves to the applicability of international humanitarian law

The role of the international committee of the red cross in resolving international conflicts

2021 ◽  
Vol 28 (3) ◽  
pp. 154-161
Author(s):  
Adel Hamzah Othman
Keyword(s):  
Social Relations ◽  
Technological Development ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
Modern World ◽  
Humanitarian Law ◽  
International Conflicts ◽  
History Of

The relevance of the problem under study lies in the presence of armed conflicts in the international arena and the presence of a diverse abundance of ways to regulate them. The main purpose of this study is to identify the main provisions of international law applicable in international conflicts through the lens of the role of the Committee of the Red Cross in its development. This study covers and thoroughly analyses the history and the main purpose of the origin of the organisation. Furthermore, the study engages in an in-depth examination of the basic tasks and principles of the Committee's activities. As a result of the study, the existing theories of the participation and influence of the Committee in international legal relations will be clearly identified, as well as those theories that have emerged due to innovations in legal thinking and are capable of covering the specific features of the practice and effectiveness of this non-governmental organisation. In addition, the designation of the actual problems of the existence of this organisation, its relevance in the modern world, and the strength of the support of the world society. Among the successes of the scientific analysis of the role of the International Committee of the Red Cross in the development of international humanitarian law applicable in international conflicts is the reasoned hypotheses and confirmed statements of the importance of the Committee, which are described by the features of modernity, relevance, and compliance with the information and technological development of social relations of participants in healthy international relations, their supporters and opponents. This also includes the systematisation of scientific research, their analysis and reasonable refutation. A journey into the history of the emergence of international conflicts, their modification according to the development of social relations, as well as the processes of globalisation, will be the subject of comparative analysis aimed at identifying new methods and ways to avoid them

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