The International Committee of the Red Cross (ICRC) is explicitly mentioned in the Geneva Conventions of 1949 and the Additional Protocols of 1977. 9 Fabian Klose, "The Colonial Testing Ground: The International Committee of the Red Cross and the Violent End of Empire," 9. The article then concludes by examining the ICRC's intriguing place in the international system.
19 Fabian Klose, "Colonial Polygon: The International Committee of the Red Cross and the Violent End of Empire," 8. 22 Fabian Klose, "Colonial Polygon: The International Committee of the Red Cross and the Violent End of Empire," 5-6. The establishment and development of the ICRC in Switzerland must therefore be seen in this context.
The issue of protecting the ICRC under Swiss law has never gone away.
THE INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC)
The ICRC has benefited enormously from being explicitly mentioned in the 1949 Geneva Conventions and the 1977 Additional Protocols. Indeed, the ICRC is the only institution explicitly named in the 1949 Geneva Conventions as a controlling authority. Hence the motivation of the ICRC to further develop its position through the study of customary international law.
The status of the ICRC in the international system has always been an important issue. Interestingly, despite references to the ICRC in the 1949 Geneva Conventions and their 1977 Additional Protocols, the ICRC's legal basis is Swiss national law. Interestingly, although based on Swiss national law, the ICRC has been given an international humanitarian mandate by the 1949 Geneva Conventions and the Statutes of the International Red Cross and Red Crescent Movement.
This partial international personality of the ICRC stems from its mere recognition as an interlocutor by governments and international organisations. Interestingly, neither the 1949 Geneva Conventions nor the 1977 Additional Protocols contain any provision regarding the international legal personality of the ICRC. The Geneva Conventions of 1949 assign an explicit role to the ICRC in humanitarian aid and international humanitarian law.
That is, Switzerland must be held responsible for the wrongful actions of the ICRC. Membership of the ICRC administration is limited to Swiss persons and (only) Swiss nationals may be members of the ICRC General Assembly. If so, Switzerland and the donor states will be held responsible for the wrongful actions of the ICRC.
However, Article 20 of the 1993 Host State Agreement between the ICRC and the Swiss Federal Council (determining the legal status of the ICRC in Switzerland) provides:83. In this regard, a look at the International Federation of the Red Cross and Red Crescent (IFRC) can further enhance our understanding of the ICRC.
INTERNATIONAL FEDERATION OF RED CROSS AND RED CRESCENT SOCIETIES (IFRC)
Due to its mandate as given by the movement's statutes, by the headquarters agreement between the IFRC and Switzerland, by the IFRC's host agreements with other countries and by the IFRC's observer status with the United Nations, the IFRC can be considered an "NGO with a functional international legal personality."87 IFRC possesses practical international legal personality – to the extent necessary for the international duties incumbent upon the IFRC.Like the ICRC, the IFRC is a Swiss national NGO engaged in international humanitarian action, recognized only by governments and international organizations for functional purposes The IFRC's "functional" international legal personality means that it only has "partial" international legal personality.
This is a limited international legal entity whose boundaries are not sharply defined and which are open to challenge by states, international organizations and other NGOs. In fact, the IFRC's functional international legal personality is understandable because of its broad and truly representative base in the international community and its recognition as an interlocutor. In this context, the IFRC has a stronger international legal basis than that of the ICRC, in that national aid organizations worldwide are members of the IFRC.
While the board of the ICRC consists only of Swiss citizens and the latter are elected by co-optation88 – a term mysterious in itself – in an ambiguous manner and not by democratic elections, the board of the IFRC is democratically elected by the world's national humanitarian societies in a transparent manner. Unlike the ICRC, which is administered exclusively by Switzerland, the IFRC is administered by all kinds of nationalities. Finally, a closer look at the provisions of positive law and the Geneva Convention of 1949 and its Additional Protocols of 1977 can give us a clearer overview of the ICRC.
87 Sigrid Mehring, International Federation of Red Cross and Red Crescent Societies, (Max Planck Encyclopedia of Public International Law, February 2016) para.8. 88 Statutes of the International Red Cross and Red Crescent Movement, Article 5(1): "The International Committee, established in Geneva in 1863 and officially recognized in the Geneva Conventions and by the International Conferences of the Red Cross, is a humanitarian independent. organization that has its own status.
THE 1949 GENEVA CONVENTIONS AND THE 1977 ADDI- TIONAL PROTOCOLS
An impartial humanitarian body such as the International Committee of the Red Cross can offer its services to the conflicting parties.” (emphasis added) Although the ICRC is specifically mentioned in this article, other humanitarian organizations, critically, are not prohibited by law from operating. The provisions of this Convention shall not constitute any obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may undertake for the protection of the wounded and sick, with the consent of the parties to the conflict, medical personnel and chaplains, and for their assistance .” (emphasis added). The humanitarian activities of another organization "within" the system of the Geneva Conventions are legal and do not violate international humanitarian law and international law.
If protection cannot be arranged accordingly, the Detaining Power shall request or accept, subject to the provisions of this Article, the services of a humanitarian organization, such as the International Committee of the Red Cross, to undertake the humanitarian functions per — formed by Protecting Powers under this Convention." (emphasis added). The camp commander shall keep an up-to-date list of the work departments dependent on his camp and shall communicate it to the delegates of the Protecting Power, the International Committee of the Red Cross or other bodies. that provide relief to prisoners of war who may visit the camp." (emphasis added). Furthermore, Article 73 and Article 75 of Geneva Convention III state that shipments from the ICRC or any other organization are protected by law.
Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist in particular of the provision of consignments of food, medical supplies and clothing." (emphasis added). If a Protecting Power has not been designated or accepted from the beginning of a situation referred to in Article 1, the International Committee of the Red Cross, without prejudice to the right of any other impartial. Consequently, other non-partisan humanitarian organizations are on par with the ICRC in terms of offering their good offices in relation to the Protecting Powers designation process.
If, notwithstanding the above, there is no protective power, the parties to the conflict shall accept without delay an offer which may be made by the International Committee of the Red Cross or by any other organization which offers all guarantees of impartiality and efficiency, as appropriate consultations with the Parties concerned and taking into account the outcome of such consultations, to act as a substitute. (emphasis added). Therefore, any other organization, and not just the ICRC, can be a substitute for a Protecting Power with the consent of the parties to the conflict. All these aforementioned provisions clearly reject any exclusivity of the ICRC in relation to the provision of humanitarian aid.
CONCLUSION
A unique non-state actor: the International Committee of the Red Cross.” Human Rights and International Legal Discourse 2010, No. The Colonial Testing Ground: The International Committee of the Red Cross and the Violent End of Empire. Humanity Diary 2, No. The Humanitarian Monarchy Makes Laws: The International Committee of the Red Cross and Its 161 Rules of Customary International Humanitarian Law.” Duke Journal of Comparative and International Law.
Agreement between the International Committee of the Red Cross and the Swiss Federal Council to determine the legal status of the Committee in Switzerland of 19 March 1993. Host Country Agreement between the Bank for International Settlements and the Government of the People's Republic of China Regarding the Establishment and Status of a Representative Office of the Bank for International Settlements in the Hong Kong Special Administrative Region of the People's Republic of China dated May 11, 1998. Host Country Agreement between the Bank for International Settlements and the United Mexican States regarding the Establishment and Status of a Representative Office of the Bank for International Settlements in Mexico of November 5, 2001.
Compensation for Injuries Suffered in the Service of the United Nations (1949), ICJ Advisory Opinion. Statutes of the International Red Cross and Red Crescent Movement (adopted on 21 December 2017 and entered into force on 1 January 2018). Foundations of International Humanitarian Law." International Committee of the Red Cross, accessed 5 July 2019 at https://www.icrc.org/en/doc/assets/files/.
Venezuela's controversial Maduro finally gives Red Cross access." The Christian Science Monitor, 20 Apr. 2019, https://www.csmonitor.com/World/Americas/2019/0410/Venezuela-s-embattled-Maduro-finally-grants-Red-Cross. The ICRC as a Swiss political instrument.” Swissinfo.ch, 4 September 2017, https://www.swissinfo.ch/eng/dangerous-liaisons-_the-icrc-as-a-swiss- political-tool/43487480. A new low for the International Committee of the Red Cross?” Die Algemeiner, 18 June 2013, https://www.algemeier.com a-new-low-for-the-international-committee-of-the-red-cross/.
