The International Committee of the Red Cross and its Mandate to Protect and Assist: Law and Practice

Description

The purpose of this book is to consider the legality of the changing practice of the International Committee of the Red Cross (ICRC). It provides extensive legal analysis of the ICRC as an organisation, legal person, and humanitarian actor. It draws on the law of organisations, International Humanitarian Law, International Human Rights Law, and other relevant branches of international law in order to critically assess the mandate and practice of the ICRC on the ground. The book also draws on more abstract humancentric concepts, including sovereignty as responsibility and human security, in order to assess the development of the concept of humanity for the mandate and practice of the ICRC. Critically this book uses semistructured interviews with ICRC delegates to test the theoretical and doctrinal conclusions. The book provides a unique insight into the work of the ICRC. It also includes a case study of the work of the ICRC in the Democratic Republic of Congo. Ultimately the book concludes that the ICRC is no longer restricted to the provision of humanitarian assistance on the battlefield. It is increasingly drawn into long-term and extremely complicated conflicts, in which, civilians, soldiers and non-State actors intermingle. In order to remain useful for the people on the ground, therefore, the ICRC is progressively developing its mandate. This book questions whether, on occasion, this could threaten its promise to remain neutral, impartial and independent. Finally, however, it should be said that this author finds that the work of the ICRC is unparalleled on the international stage and its humanitarian mandate is a vital component for those embroiled in the undertaking of and recovery from conflict. Volume 68 in the series Studies in International Law Acknowledgements Contents List of Abbreviations Table of Cases Introduction I. The Day-to-Day Impact of Armed Conflict on Local People and Communities II. Methodology III. Book Structure 1 The Governance of the International Red Cross and Red Crescent Movement I. The Statutes of the IRCRCM II. The Governing Bodies of the IRCRCM III. The Components of the IRCRCM IV. Conclusion 2 The Legal Nature and International Legal Personality of the ICRC I. Introduction II. What Kind of Organisation Is the ICRC? III. International Legal Personality IV. Conclusion 3 The ICRC and International Law in Armed Conflict and other Situations of Violence I. Introduction II. The Normative and Legal Development of the Laws of War III. International Human Rights Law in Armed Conflict IV. Conclusion 4 Humanity as a Core Principle of the Red Cross and Red Crescent Movement I. Introduction II. Humanity III. History of the Principle of Humanity IV. The IRCRCM Definition of Humanity V. Judicial Interpretations of Humanity VI. Neutrality and Independence VII. Conclusion 5 New Humanitarian Horizons for the ICRC I. Introduction II. Sovereignty as Responsibility III. Human Security IV. The Relationship between Human Security, International Human Rights Law and International Humanitarian Law V. Conclusion 6 Interviews with the ICRC I. Introduction II. Reflections by Delegates on the Mandate III. Early Recovery IV. Economic Security V. Local Ownership VI. Prevention of Conflict VII. Conclusion Case Study: Accounts of ICRC Delegates on the Democratic Republic of Congo I. Introduction II. The Congo Wars in Brief: 1994-2016 III. The ICRC in the Democratic Republic of Congo IV. ICRC and Health V. Food Security and Water VI. Economic Security VII. ICRC and the Congolese National Society VIII. Conclusion Conclusion Appendix 1: Interview Guide 2016 Appendix 2: Interview Guide 2014 Information Sheet for Interviewees Interview Protocol/Participant Information Sheet Bibliography Index