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An analysis of the role of the International Committee of the Red Cross (ICRC) in international norm creation and the progressive development of international humanitarian law.
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 human-centric 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 semi- structured 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.
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
While the booming humanitarian sector faces daunting challenges, humanitarian economics emerges as a new field of study and practice--one that encompasses the economics and political economy of war, disaster, terrorism and humanitarianism. Carbonnier's book is the first to present humanitarian economics to a wide readership, defining its parameters, explaining its utility and convincing us why it matters. Among the issues he discusses are: how are emotions and altruism incorporated within a rational-choice framework? How do the economics of war and terrorism inform humanitarians' negotiations with combatants, and shed light on the role of aid in conflict? What do catastrophe bonds and risk-linked securities hold for disaster response? As more actors enter the humanitarian marketplace (including private firms), Carbonnier's revealing portrayal is especially timely, as is his critique of the transformative power of crises.
The wars in Afghanistan and Iraq have highlighted again the precarious situation aid agencies find themselves in, caught as they are between the firing lines of the hostile parties, as they are trying to alleviate the plight of the civilian populations. This book offers an illuminating case study from a previous conflict, the Italo-Ethiopian war of 1935-36, and of the humanitarian operation of the Red Cross during this period. Based on fresh material from Red Cross and Italian military archives, the author examines highly controversial subjects such as the Italian bombings of Red Cross field hospitals, the treatment of Prisoners of War by the two belligerents; and the effects of Fascist Italy’s massive use of poison gas against the Ethiopians. He shows how Mussolini and his ruthless regime, throughout the seven-month war, manipulated the International Committee of the Red Cross (ICRC) – the lead organization of the Red Cross in times of war, helped by the surprising political naïveté of its board. During this war the ICRC redefined its role in a debate, which is fascinating not least because of its relevance to current events, about the nature of humanitarian action. The organization decided to concern itself exclusively with matters falling under the Geneva Conventions and to give priority to bringing relief over expressing protest. It was a decision that should have far-reaching consequences, particularly for the period of World War II and the fate of Jews in Nazi concentration camps.
From the brink of dissolution in 1945 to the triumph of the Geneva Conventions in 1949, via the Nuremberg Trials, runaway Nazis, and furious battles with communist critics on the eve of the Cold War, this is the intriguing and remarkable story of the International Red Cross - and how it survived its ambiguous relationship with the Nazis during the Second World War. The Geneva-based International Committee of the Red Cross (ICRC) is one of the world's oldest, most prominent, and revered aid organizations. But at the end of World War II things could not have looked more different. Under fire for its failure to speak out against the Holocaust or to extend substantial assistance to Jews trapped in Nazi camps across Europe, the ICRC desperately needed to salvage its reputation in order to remain relevant in the post-war world. Indeed, the whole future of Switzerland's humanitarian flagship looked to hang in the balance at this time. Torn between defending Swiss neutrality and battling Communist critics in the early Cold War, the Red Cross leadership in Geneva emerged from the world war with a new commitment to protecting civilians caught in the crossfire of conflict. But they did so while defending former Nazis at the Nuremberg Trials and issuing travel papers to many of Hitler's former henchmen. These actions did little to silence the ICRC's critics, who unfavourably compared the 'shabby' neutrality of the Swiss with the 'good' neutrality of the Swedes, their eager rivals for leadership in international humanitarian initiatives. In spite of all this, by the end of the decade, the ICRC had emerged triumphant from its moment of existential crisis, navigating the new global order to reaffirm its leadership in world humanitarian affairs against the challenge of the Swedes, and playing a formative role in rewriting the rules of war in the Geneva Conventions of 1949. This uncompromising new history tells the remarkable and intriguing story of how the ICRC achieved this - successfully escaping the shadow of its ambiguous wartime record to forge a new role and a new identity in the post-1945 world.
The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.