Role of the Red Cross and Red Crescent Movement in International Humanitarian Law

The International Red Cross and Red Crescent Movement is a global humanitarian network committed to protecting human life and health, ensuring respect for all human beings, and preventing and alleviating human suffering. Central to its mission is implementing and promoting International Humanitarian Law (IHL), which governs the conduct of armed conflict and seeks to limit its effects, especially on civilians and those no longer participating in hostilities.

This article explores the movement's structure, historical evolution, and multifaceted role in the development, dissemination, and enforcement of IHL worldwide.

Historical Background

The Movement traces its roots to the efforts of Henry Dunant, a Swiss businessman who witnessed the carnage at the Battle of Solferino in 1859. His advocacy led to the establishment of the International Committee of the Red Cross (ICRC) in 1863 and the first Geneva Convention in 1864. Over the years, the Movement expanded to include the International Federation of Red Cross and Red Crescent Societies (IFRC) and National Societies.

Structure of the Movement

The Movement is composed of three main components:

International Committee of the Red Cross (ICRC): A neutral, impartial, and independent organization responsible for ensuring humanitarian protection and assistance for victims of armed conflict and other situations of violence. The ICRC is the guardian of IHL.

International Federation of Red Cross and Red Crescent Societies (IFRC): Founded in 1919, the IFRC coordinates international assistance following natural and man-made disasters in non-conflict situations.

National Societies: Present in nearly every country, National Societies assist with disaster response, health and social programs, and dissemination of IHL at the domestic level.

Each component operates autonomously but is united under a common mission and the Fundamental Principles of the Movement—Humanity, Impartiality, Neutrality, Independence, Voluntary Service, Unity, and Universality.

Role of the ICRC in IHL

The ICRC’s mandate under international law is particularly significant for the implementation and development of IHL. This mandate is enshrined in:

• The Geneva Conventions of 1949 and their Additional Protocols.
• Resolutions of the International Conference of the Red Cross and Red Crescent.

Key Functions in IHL:

1. Promotion and Development of IHL:

• The ICRC works closely with states to draft, revise, and promote treaties such as the Geneva Conventions.
• It also publishes commentaries on IHL provisions and issues guidance documents.

2. Monitoring Compliance with IHL:

• The ICRC conducts confidential dialogue with parties to a conflict to encourage adherence to IHL.
• It visits prisoners of war and detainees to assess treatment and detention conditions.

3. Dissemination of IHL:

Through education and training programs, the ICRC promotes knowledge of IHL among military personnel, government officials, and the general public.

4. Operational Humanitarian Response:

The ICRC engages directly in conflict zones, providing medical care, tracing missing persons, facilitating family reunification, and supporting health infrastructure.

The IFRC and National Societies in Relation to IHL

Although the IFRC (International Federation of Red Cross and Red Crescent Societies) and National Societies do not have a legal mandate for IHL like the ICRC, they contribute significantly in support roles:

1. Public Awareness and Education: National Societies help disseminate IHL through schools, community outreach, and training.
2. Advocacy and Policy Influence: They engage with governments to integrate IHL into national legislation and military codes.
3. Support during Armed Conflict: In coordination with the ICRC, they provide humanitarian aid and assist in implementing IHL standards.
4. Restoring Family Links (RFL): National Societies often run programs to trace missing persons, especially in conflict zones, supporting the ICRC’s mandate.

Key Achievements in Promoting IHL

1. Geneva Conventions and Additional Protocols:

The Movement was instrumental in the drafting and universal ratification of the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005.

2. Customary International Humanitarian Law Study (2005):

The ICRC conducted a comprehensive study identifying rules of customary IHL, widely recognized by states.

3. Emblem Protection:

The Red Cross, Red Crescent, and Red Crystal are protected emblems under IHL. The Movement campaigns against their misuse.

4. Training for Armed Forces:

The Movement organizes training sessions to sensitize armed forces and police on the obligations under IHL.

Challenges in the Implementation of IHL

Despite its robust role, the Movement faces several obstacles:

• Non-compliance by parties to conflict: Even with universal ratification of the Geneva Conventions, violations such as attacks on civilians and healthcare facilities persist.
• Access restrictions: In many conflicts, humanitarian actors face restrictions in accessing affected populations.
• Politicization of humanitarian aid: Neutrality is often challenged in politically charged conflict environments.
• New types of conflict: Cyber warfare, drone strikes, and non-international armed conflicts pose fresh legal challenges.

Recent Activities of the Movement

1. ICRC in Ukraine Conflict: The ICRC has been actively involved in prisoner exchanges, delivery of medical aid, and promotion of IHL principles in the ongoing conflict.
2. Red Crescent Operations in Gaza: The Movement has been providing humanitarian support amidst escalating violence, calling for protection of civilians and adherence to IHL.
3. Climate Change and Conflict Nexus: The ICRC is increasingly addressing the impact of climate change on conflict zones, advocating for stronger protection for vulnerable populations.

Strengthening the Role of the Movement in IHL

To bolster the Movement’s role in IHL:

1. Enhanced Cooperation with States: Encouraging states to adopt domestic implementing legislation aligned with IHL.
2. Digital Engagement: Utilizing social media and digital tools to spread awareness of IHL.
3. Youth Engagement: Promoting youth-led initiatives to champion humanitarian values and laws.
4. Research and Policy Development: Conducting interdisciplinary research on evolving dimensions of warfare and humanitarian response.

Conclusion

The International Red Cross and Red Crescent Movement remains a cornerstone of humanitarian protection and a crucial actor in the implementation of International Humanitarian Law. Its impartiality, long-standing experience, and global reach enable it to engage effectively with a diverse range of actors in conflict zones. As the nature of warfare evolves, so too must the methods and strategies of this venerable Movement in safeguarding human dignity.

References

[1] International Committee of the Red Cross (ICRC), Available Here

[2] Geneva Conventions of 1949 and Additional Protocols

[3] International Review of the Red Cross, Available Here

[4] Bugnion, F. (2003), The International Committee of the Red Cross and the Protection of War Victims, Available Here