Abstract
The International Committee of the Red Cross (ICRC) is explicitly mentioned in the 1949 Geneva Conventions and the 1977 Additional Protocols thereto. These explicit references to the ICRC entail respect for and recognition of the ICRC as the oldest humanitarian institution. However, this explicitness does not imply, suggest or confirm legal superiority of the ICRC over other humanitarian institutions, nor does it make the ICRC the exclusive humanitarian organization. Humanitarian assistance can be legally and legitimately undertaken by other humanitarian organizations as well. The practical influence of the ICRC is greater than that of any other NGO. Arguably, the survival of the ICRC as the pre-eminent provider of humanitarian assistance is testimony to the fact that the “practicalities” of international law are as important as treaties. The practices of the undisputed subjects of international law – states and international organizations – have paved way for a half-subject of international law – the ICRC – to enhance its status.
Highlights
There is a contradiction between national sovereignty – the utmost principle of international law – and humanitarianism
The survival of the International Committee of the Red Cross (ICRC) as the pre-eminent provider of humanitarian assistance is testimony to the fact that the “practicalities” of international law are as important as treaties
ARGUMENT OF THE ARTICLE The argument of this paper is that the preponderance of the ICRC in conflict zones and its prominence in the enforcement of international humanitarian law is due to the “practice” of the ICRC and the international community
Summary
There is a contradiction between national sovereignty – the utmost principle of international law – and humanitarianism. Common Article 3(2) of the 1949 Geneva Conventions stipulates that humanitarian organizations such as the International Committee of the Red Cross (ICRC) can offer their services to the parties even in a conflict not of an international character.. Article 70 of the 1977 Additional Protocol I to the 1949 Geneva Conventions states that humanitarian assistance may not be considered an interference in a conflict and that such assistance within the borders of a country is not deemed a breach of national sovereignty. The ICRC: an Evaluation clarifies the legal basis of the ICRC and the status of the ICRC within international law, and compares the ICRC with various international institutions This analysis is all the more important as new organizations have emerged besides the ICRC to provide humanitarian assistance, some of which will be analyzed later in this paper. The paper concludes by examining the intriguing place of the ICRC within the international system
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