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.
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 Defi nition 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
