International Humanitarian Law and Fundamental Principles for Humanitarian Action: Middle East Confl

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International Humanitarian Law and Fundamental
Principles for Humanitarian Action Middle
East Conflict
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Presentation Purpose

• Increase understanding of International
  Humanitarian Law (IHL) as it applies to the
  current situation in the Middle East.
• Show the link between this situation, IHL and the
  various components of the International Red Cross
  and Red Crescent Movement.
• Clarify roles and responsibilities of all members
  of the International Red Cross and Red Crescent
  Movement.

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American Red Cross Position

• Principles of IHL apply to the conflict in the
  Middle East.
• ARC urges everyone to respect IHL.
• In keeping with our Fundamental Principle of
  neutrality, ARC does not take a position on
  whether violations of IHL have occurred in
  specific instances.

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International Humanitarian Law

• The rules, principles and treaties which save
  lives, alleviate suffering and provide protection
  during armed conflict.

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Geneva Conventions for the Protection of Victims
of WarAugust 12, 1949

• First Protection of wounded and sick combatants
  on land.
• Second Protection of wounded and sick
  combatants at sea.
• Third Protection of prisoners of war.
• Fourth Protection of civilians.

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International Humanitarian Law Applications

• International armed conflicts (between nations)
• Internal armed conflicts (civil war)
• Peace-keeping operations (may apply)
• Internal disturbances and tensions
• IHL does not apply directly
• Acceptance of ICRC or Red Cross is optional
• Human rights law applies
• Terrorist attacks (?)

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Protected Groups

• Wounded and sick combatants on land and at sea
• Prisoners and detainees
• Civilians
• Military and civilian medical personnel and
  medical equipment, hospitals and vehicles
• Civilians accompanying the armed forces (AFES)
• Religious personnel, chaplains of the armed
  forces
• Red Cross relief personnel

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Prisoners of War Protections

• Humane treatment
• Adequate food, clothing and medical care
• Safe place of imprisonment
• Secure from public harassment or ridicule
• Government and ICRC informed of capture
• Visits by ICRC
• Send and receive family correspondence
• Access to humanitarian parcels and assistance
• Immediate release at end of conflict

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Civilian Protections

• Humane treatment
• Adequate food, clothing and medical care
• Hospitals, medical personnel and vehicles
• respected
• Allowed to live as normally as possible
• Internment or detention only for vital security
• reasons
• Civilian property safeguarded from looting
• and destruction
• Send and receive family correspondence
• Assistance from humanitarian organizations

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Medical Personnel Defined

• Military - Persons assigned by a Party to the
  conflict, exclusively to perform medical duties.
• Civilians - Must have received an assignment from
  the Party to the conflict to which they belong
  (this includes national society personnel).

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RIGHTS OF MEDICAL PERSONNEL

• Right of access to those needing care.
• Right not to be punished for discharging
  (ethical) medical functions.
• Right not to be compelled to give information
  about those in care.
• Right to use protective emblem.

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DUTIES OF MEDICAL PERSONNEL

• Provide treatment to all on impartial basis.
• Abstain from acts of hostility.
• Identifiable as medical personnel.
• Authorized to carry light weapons and only use
  defensively.

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Reasons to Respect IHL
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Emblems in Use

• Red Cross
• Red Crescent
• Red Shield (Star) of David

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Fundamental Principles of the International Red
Cross and Red Crescent Movement
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International Red Cross Red Crescent Movement
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ICRC Activities

• Serves as the Guardian of the Geneva
  Conventions.
• Disseminate Fundamental Principles
  and IHL.
• Operate Central Tracing Agency.
• Protect and assist victims of war.
• Visit prisoners and detainees.

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ICRC Procedures in Places of Detention

• Observe conditions of detention and work to
  improve treatment.
• Access to all detainees and detention facilities.
• Register prisoners and detainees.
• Interviews without witness.
• Confidential reports.
• Repeat visits.

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Current ICRC Role and Activities in Middle East

• Visiting Palestinian detainees held by both
  Israeli and Palestinian authorities.
• April 11, 2002 - Began visiting about 1200
  Palestinian detainees held in Ofer Military Camp
  in the West Bank.
• Medical and ambulance services for injured and
  ill in conflict areas.
• Delivery of food, blood and medical supplies.
• Project Anxious for News.

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Federation Activities

• Independent humanitarian organization made up
  of
• 178 Red Cross/Red Crescent national
  societies.
• Promote development of national societies.
• Facilitate humanitarian activities by national
• societies to prevent and alleviate human
  suffering.
• Coordinate national society response to natural
• disasters.
• Coordinate national society public health and
• social welfare programs.
• Assist victims of armed conflict in cooperation
  
• with ICRC.
• Assist ICRC in promotion, development and
• dissemination of IHL and the Fundamental
• Principles.

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National Society Activities

• Serve as independent national relief
  organizations.
• Support public authorities and mitigate human
• suffering through prevention, disaster
  relief,
• education, health/social welfare programs.
• Assist victims of armed conflicts and natural
• disasters.
• Disseminate and assist their governments in
• disseminating IHL.
• Work with governments to ensure respect for IHL
  
• and to protect the emblem(s).
• Provide assistance internationally for victims
  of
• conflicts and disasters through the
  Movement.
• Support the ICRC and the Federation.

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Since September 2000, the ARC Has Contributed

• 190,000 to Palestinian Red Crescent Society for
  three ambulances and health and medical supplies.
• 395,000 to Jordanian Red Crescent to support
  JRCS hospital intensive care unit and purchase an
  ambulance, biomedical equipment and medical
  supplies.
• 140,000 to MDA to repair and maintain
  ambulances.
• 45,000 to Lebanese Red Cross for an ambulance.
• Cash support to Federation for delegate in
  region.
• IHL dissemination and tracing program assistance
  to MDA.