The Red Cross, a transnational movement, has taken action in conflict situations that both conserves the authority of states and also circumscribes state behavior in the name of fundamental human rights. On the one hand, the Red Cross, principally through the International Committee of the Red Cross (ICRC), is cooperative toward states and acts discreetly in matters regarded by states as sensitive. On the other hand, the Red Cross has promoted the law of armed conflict to limit states and has accepted quasi-supranational authority in international armed conflict in the form of the right of automatic ICRC access to certain detainees. On the basis of this right, or sometimes on the basis of bypassing legal issues, the ICRC is able to transcend the “sovereignty” of states (and non-state parties as well). While the Red Cross movement is highly fragmented and encompasses a number of non-cosmopolitan elements, the historical impact of the movement has been to help liberalize the nation-state system, largely through the actions of the ICRC, while reinforcing fundamental authority within that system.
The right to education of the refugee girl affected by armed conflict in Kenya: insights from the jurisprudence of the African Committee of Experts on the Rights and Welfare of the Child