ICRC and onternational law Essay Example for Free

ICRC and onternational law Essay The ICRC started when Swiss businessman Henri Dunant traveled to Italy to meet with Emperor Napoleon III of France . Before he reached Napoleon he first passed through the town of Solferino where a battle was fought. On that day over 40,000 soliders on both sides fell; many were left to die on the battlefield without adequate care. Henry Dunant was shocked by the terrible aftermath of the battle. Instead of proceeding with his planned trip he spent the next few days tending to the wounded. Through his example, the local population began to administer aid without discrimination. When he returned home, he wrote a book called A Memory of Solferino. He sent copies of the book to political and military leaders throughout Europe . He advocated the formation of a national voluntary relief organization to help nurse the wounded and for the development of international treaties to safeguard the neutrality and protect those wounded on the battlefield. By February 9, 1863, Henry Dunant founded the Committee of the Five as an investigatory commission of the Geneva Society for Public Welfare. Their aim was to examine the feasibility of Dunant’s ideas and to organize an international conference about their possible implementation. In October 26, 1863, the international conference organized by the Committee was held in Geneva to develop possible measures to improve medical services on the battlefield. A conference attended by many European states resolved the following: The foundation of national relief societies for wounded soldiers. Neutrality and protection for those wounded. Utilizing volunteer forces for relief assistance on the battlefield. The organization of additional conferences to enact these concepts in legally binding international treaties. The introduction of a common distinctive protective symbol for medical personnel in the field, specifically a white armlet bearing the red cross. Within a year, specific grounds were developed for the recognition of a national relief society by the International Committee; namely: The national society must be recognized by its own national government as a relief society according to the convention, and the national government of the respective country must be a state party to the Geneva Convention. The Commission’s first great achievement occurred on 22 August 1864 when the conference adopted the first Geneva Convention â€Å"for the Amelioration of the Condition of the Wounded in the Armies in the field. † A total of four Geneva Conventions have been passed since then. With successive conventions aimed an improving or updating previous conventions to ensure that they are up to date with current technology and norms. Today there are 185 national Red Cross societies and over 1,330 employees directly under the ICRC assigned to field operations. All thanks to the initiative of one man. III. ICRC as a Driving Force in IHL The ICRC draws its authority to act principally from the Geneva Conventions and their additional protocols. The Geneva Conventions from the First to the Fourth are the primary international treaties that limit the cruelty of war. They are meant to protect people who do not take part in the fighting, such as civilians, medics and aid workers. They also protect hors de combat or those who no longer have the means to continue fighting such as the wounded, sick, shipwrecked or those who have surrendered. The Geneva Conventions have been acceded to by 194 States and enjoy universal acceptance as a form of custom. The Geneva Conventions then are the primary documents governing International Humanitarian Law and the main overseer of International Humanitarian Law is the ICRC. However, the provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of civilian persons and for their relief[2]. Article 10 is of considerable value in the field of international law because faced with the barbaric reality of war, the law continues to be realistic and humane. It keeps in mind the object of the Convention, namely the protection of human life and peace between man and man, conscious that it is only a means. (a ridiculously weak means compared to the forces of war) of attaining this goal. When everything has been settled by legal means –ordinary and extraordinary—by assigning rights and duties, by obligations laid upon the belligerents and by the mission of the protecting powers, a corner was still found for something which no legal text can prescribe. However this niche was the most effective means of combating war. That niche is charity or the spirit of peace. This is where Article 10’s symbolic value can be seen. Through it, Henry Dunant’s action on the field of battle in Solferino. Article 10 is more than a tribute to Henry Dunant. It is an invitation to all men of good will to continue his work[3]. In order for the ICRC and subordinate National Commissions to effectively perform their role, members are granted considerable rights and privileges. For example, all Red Cross members have the right to wear the Red Cross, (or crescent in Muslim States). Wearing this mark affords immunity, for all practical purposes from violence by the combatants because, as outlined in Additional Protocol No. 1 of the Geneva Conventions[4] the Red Cross is the mark associating a vehicle, person or building with the ICRC and is sacrosanct and protected[5]. However, any use not expressly authorized by International Humanitarian Law constitutes misuse of the emblem and releases combatants from the obligation to respect the symbol. The types of misuse are Imitation, Usurpation and Perfidy. In fact, Improper use of distinctive emblems in a war crime committed when, in an international armed conflict, an intent to use them for combatant purposes prohibited under international law[6]. Owing to the ICRC’s unique position as the actual commission that proposes and puts forth the Geneva Conventions and other major IHL documents, it can be said that ICRC is the Organization that created IHL. The latter will of course continue to develop as time goes by. Other documents of international law respecting human rights and with respect to international crimes have evolved since then. But International Humanitarian Law began with Henry Dunant and his desire to help the wounded in Solferino.