The International Committee of the Red Cross (ICRC) enjoys a specific legal status and specific privileges and immunities under both international and domestic law. They enable the ICRC to effectively carry out its mandate, and to do so in full conformity with its Fundamental Principles and standard working modalities. This article clarifies the ICRC's particular legal status and explains the rationale, scope and legal sources of its privileges and immunities.

Recent catastrophes, and predictions of an increasing potential for more, have stimulated thinking about the best policy responses to these threats. This article explores how security concepts influence catastrophe governance. The article considers how globalization affects thinking about catastrophes and describes ways in which catastrophes have been conceptualized as governance challenges, such as the human rights approach to the provision of health and humanitarian assistance. The article explains how health and humanitarian assistance experienced “securitization” in the post-cold war period, a development that challenges rights-based strategies and creates complex and controversial implications for the prevention, protection and response functions of catastrophe governance.

The ensuing article is based upon a lecture, the last of a series of three, delivered at the Graduate Institute of International Studies, in Geneva, in October and November of 1963. The author would like to take this opportunity to express his grateful thanks to Mr. Jacques Freymond the Director of the Institute, at whose invitation the lectures were delivered, and by whose kind permission the following article is published in this Review.

The three lectures were devoted to the general theme of Christianity and war. More specifically, they endeavoured to deal with the contribution rendered by Christian ideals and thinking to the rudimentary development of the Law of War at a time when theology, morals, and law were not severable. It is from this rich amalgam that Public International Law in general, and the Law of War in particular, emerged as an integral part of the Christian civilization of Western Europe. The subsequent movement whereby International Law reached out from Europe to become more truly universal is still in progress today.

While States ever more ardently defend their sovereignty, which does little to improve international cooperation, and as the application of humanitarian law in armed conflicts declines, men of good will throughout the world are doing their utmost to reverse these trends. The century now drawing to a close has witnessed a plethora of private initiatives taken in an effort to temper reasons of State by more humane considerations. Many non-governmental organizations, some symbolically styling themselves “without borders”, have taken over where governments can no longer cope, organizing relief, combating drought, preserving the environment or improving sanitary conditions. These voluntary organizations whose vocation is to serve mankind are without question pursuing humanitarian aims as defined in the first Red Cross principle, which is “to prevent and alleviate human suffering wherever it may be found”, and whose “purpose is to protect life and health and to ensure respect for the human being”. Emergency medical assistance organizations, stating that they wish to remain independent of the powers that be, demanding freedom of action to help all victims and encouraged by the example set by Henry Dunant and the ICRC, do not hesitate to claim that their activities fall within the terms of an as yet unwritten body of law entitling them to bring assistance to needy civilian communities, even against the will of the government. Indeed, they believe that receiving proper care is one of the basic human rights of the individual, wheresoever and whosoever he may be. Such basic rights know no national boundary. While awaiting recognition of their activities, the duty to intervene is created by moral considerations.

The 1949 Geneva Conventions and their 1977 Additional Protocols require States Parties to disseminate the content of these humanitarian treaties as widely as possible in their respective countries. Of course, their inclusion in military instruction is indispensable to ensure their implementation in time of armed conflict. But it is equally important to promote knowledge of humanitarian law among those whom it is intended to protect — the civilian population — as well as among those who have to apply it — public officials of various ministries. At the same time, political leaders and decision-makers must also be familiar with that law, so that they are aware of its relevance, realism and mode of operation if and when a conflict should break out. Therefore, to ensure respect for it — and also to promote its development — it is an essential task to include international humanitarian law in higher education. The ICRC has taken a number of steps to achieve just that in the South Asian region.

It is uncertain who will assist the victims of use of nuclear, radiological, biological or chemical weapons if an international response is required, and how this assistance can be provided without undue risk to those providing it. The use of such weapons or any other release of the materials of which they are composed cannot be considered as presenting a uniform risk. There are a variety of risks, each with its own implications for getting help to the people affected and for the health and security of those bringing that help. The political implications are serious and complex. This brief review shows the difficulties inherent in assisting the victims or potential victims of use of nuclear, radiological, biological and chemical weapons.

Les questions que le Mouvement international de la Croix-Rouge et du Croissant-Rouge se pose aujourd'hui sur le sens de son action ne diffèrent pas de celles qui sont à l'origine du Mouvement: comment aider le mieux possible? Comment secourir dans l'immédiat et protéger dans la durée? Pour répondre à ces questions, il faut remonter aux premières années du Mouvement.

Video games are influencing users' perceptions about what soldiers are permitted to do during war. They may also be influencing the way combatants actually behave during today's armed conflicts. While highly entertaining escapism for millions of players, some video games create the impression that prohibited acts, such as torture and extrajudicial killing are standard behaviour. The authors argue that further integration of international humanitarian law (IHL) can improve knowledge of the rules of war among millions of players, including aspiring recruits and deployed soldiers. This, in turn, offers the promise of greater respect for IHL on tomorrow's battlefields.

The field of humanitarian action is far from static, and the ICRC has worked over the years to evolve and respond to changing needs and changing circumstances. The past several decades have seen a proliferation of humanitarian actors, protracted, complex conflicts, and the rapid rise of new technologies that have significantly impacted how humanitarian work is done. The ICRC has been continually challenged to adapt in this changing environment, and its core work of supporting separated families – through restoration of family links and through support to the families of the missing – provides insight into ways that it has met this challenge and areas in which it may still seek to improve.

This paper deals with the provisions of contemporary international humanitarian law which prohibit “terrorist acts”, commonly referred to, simply, as “terrorism”.

Since the paper is mainly of a descriptive nature, experts in international humanitarian law will learn little that is new. But if it succeeds in highlighting one specific aspect of the well-known obligations and prohibitions set forth in the Geneva Conventions and their Additional Protocols—namely, the absolute and unconditional ban on terrorism—the objective will be attained. A few basic facts will then have been recalled which should make it somewhat easier to tackle the complex questions as to the essence and legal bounds of guerrilla warfare.

While most law on the conduct of hostilities has been heavily scrutinized in recent years, the law dealing with armed conflict at sea has been largely ignored. This is not surprising. There have been few naval conflicts since 1945, and those that have occurred have been limited in scale; none has involved combat between major maritime powers. Nevertheless, navies have tripled in number since then, and today there are growing tensions between significant naval powers. There is a risk of conflict at sea. Conditions have changed since 1945, but the law has not developed in that time. Elements of it, especially that regulating economic warfare at sea, seem outdated and it is not clear that the law is well placed to regulate so-called “hybrid” warfare at sea. It seems timely to review the law, to confirm that which is appropriate and to develop that which is not. Perhaps a new edition of the San Remo Manual would be timely.

After a careful analysis of the law regarding the use of force in international relations and the practice of States since 1945, the author concludes that the United Nations Charter leaves no room for a “humanitarian intervention” in the internal affairs of a State. In his opinion NATO's armed intervention in the Balkans in the spring of 1999 therefore has no legal basis under the UN Charter. He goes on to say, however, that the question whether NATO's action against the Federal Republic of Yugoslavia may not be justified by an existing or an emerging rule of customary law should be examined. Such a discussion should take into account, on the one hand, the magnitude of the humanitarian disaster to be averted, and on the other hand the absence of objections by the Security Council or (with rare exceptions) by States. The author concludes with an appeal to the permanent members of the Security Council not to use their veto when deciding on action to be taken in the event of humanitarian disasters.

The phenomenon of missing migrants, including victims of enforced disappearance, presents exceptional challenges due to its specific features and transnational scope. This article analyzes the case of missing and disappeared migrants in Mexico and illustrates the obstacles faced by their families, mostly residing in Central America, in their efforts to establish the fate and whereabouts of their loved ones and to obtain justice and redress. The article describes the process which led to the establishment of three mechanisms – a Forensic Commission, an Investigative Unit on Crimes against Migrants and an External Mechanism of Support for Search and Investigation – that aim at providing innovative responses and tackling the transnational dimension of the issue. The first significant achievements are presented, along with the remaining pitfalls.

This article investigates the effects that attacks during armed conflict which damage water and wastewater services have on the outbreak and transmission of infectious disease. It employs a lens of uncertainty to assess the level of knowledge about the reverberations along this consequential chain and to discuss the relevance to military planning and targeting processes, and to the laws of armed conflict. It draws on data in policy reports and research from a wide variety of contexts, and evidence from protracted armed conflicts in Iraq, Yemen and Gaza. The review finds a strong base of evidence of the impact of attacks on water and wastewater services, and a high level of confidence in information about the transmission of infectious disease. One clear risk identified is when people are exposed to water supplies which are contaminated by untreated wastewater. Obtaining a similar level of confidence about the cause and effect along the full consequential chain is challenged by numerous compounding variables, though there are a number of patterns related to the duration of the armed conflict within which the attacks occur. As the conflict protracts, both the risk of the spread of infectious disease and the evidence base for gauging the reverberating effects becomes stronger, for example. The article concludes that the reverberating effects of damage from an attack can be foreseen in some contexts and can be expected to become more foreseeable over time. The analysis suggests that the most pragmatic path for military institutions and those involved in targeting operations to take this knowledge into account is through a “precautionary approach” which assumes the existence of the reverberating effects, and works them in to the standard information-gathering and planning processes.

Transitional justice encompasses a number of mechanisms that seek to allow post-conflict societies to deal with past atrocities in circumstances of radical change. However, two of these mechanisms – truth commissions and criminal processes – might clash if the former are combined with amnesties. This article examines the possibility of employing the Rome Statute's Article 53 so as to allow these two mechanisms to operate in a complementary manner. It considers three arguments – an interpretation of Article 53 in accordance with the relevant rules on treaty interpretation, states' obligations to prosecute certain crimes and the Rome Statute's approach to prosecutorial discretion – and concludes that Article 53 is ill-suited to accommodate truth commissions in conjunction with amnesties.

Implementing the principles of international humanitarian law (IHL) represents a real challenge if the protection of civilians in today's urban armed conflicts remains a priority for armed forces. The application of the principle of distinction comes up against the difficulties of obtaining intelligence, in particular in the absence of troops on the ground. The minimalization of collateral damage requires putting in place very precise targeting procedures, and even the adoption of tactics designed to draw out traditional combat from cities. In terms of precautionary measures in attack or against the effects of an attack, these must be adapted to the context of urban combat. Nevertheless, IHL remains an essential instrument that must be analyzed and translated into action in a practical manner in order to conduct military operations that are at the same time effective and legally permissible.

The French government and an armed insurrectionary movement – the National Liberation Front (FLN) – confronted each other for over seven years in the Algerian War, which would become the archetype of wars of national liberation. It brought the new conditions of struggle in revolutionary warfare to a convulsive climax characterized by terrorist attacks, underground warfare, and repression. On the humanitarian front, the challenge of ensuring respect for humanitarian rules in asymmetric warfare was posed more bluntly than in any previous conflict. The International Committee of the Red Cross (ICRC) faced the triple challenge of offering its services to a government facing an armed insurgency that it claimed to be able to bring under control through police action alone, of entering into contact with a liberation movement, and of conducting a humanitarian action in the context of an insurrectionary war.

Insurgent groups are registering births in territories which they control, and yet States do not recognize insurgent birth registration, resulting in a legal vacuum with harsh consequences for children. Based on international human rights and humanitarian law provisions related to birth registration, this article argues that insurgent groups have an inherent power to register births in order to fulfil their obligations under international humanitarian law, and that State obligation to ensure the right to recognition as a person under the law should require States to recognize insurgent birth registration in order to prevent harm to children.

Having invaded Iraq without UN Security Council authorization, the United States was unable to convince many countries to take a meaningful role in helping Iraq deal with its violent past. Always insisting that it would “go it alone”, the United States implemented accountability measures without properly consulting the Iraqi people. Nor did the United States access assistance from the United Nations and international human rights organizations, all of which possess considerable knowledge and experience of a wide range of transitional justice mechanisms. In the end, the accountability measures introduced by the Americans either backfired or were hopelessly flawed. What are needed in Iraq are a secure environment and a legitimate authority to implement a comprehensive transitional justice strategy that reflects the needs and priorities of a wide range of Iraqis. Such a strategy should contain several measures, including prosecutions, reparations, a balanced approach to vetting, truth-seeking mechanisms and institutional reform.