The Role of the ICRC in the Enforcement of the Geneva Conventions

The 1949 Geneva Conventions: A Commentary (Andrew Clapham, Paola Gaeta, and Marco Sassoli eds., Oxford University Press, 2015, Forthcoming)

Hebrew University of Jerusalem Legal Research Paper No. 15-11

37 Pages Posted: 17 Jun 2015 Last revised: 2 Jul 2015

Rotem Giladi

University of Helsinki, Erik Castrén Institute of International Law and Human Rights, Faculty of Law

Steven R. Ratner

University of Michigan Law School

Date Written: June 15, 2015

Abstract

This paper discusses the role of the International Committee of the Red Cross (ICRC) in the implementation of the Geneva Conventions. It begins with a background on the ICRC, covering its history and structure, international legal status, and its impartiality, neutrality, and independence. It then details the ICRC’s functions under the Geneva Conventions, its methods for fostering compliance with international humanitarian law, and its relations with international criminal courts. The ICRC has repeatedly acted beyond its very limited textual mandate in the Conventions to take on significant responsibilities in their execution. Its unique modus operandi, centered on direct interactions with warring parties, has demonstrated some effectiveness, even as the confidentiality at its centre has proved controversial. Ultimately, the major role played by this unique NGO is evidence of an unwillingness of the Conventions’ parties to create and own a robust enforcement mechanism.

Keywords: confidentiality; Geneva Convention 1949; Geneva Convention Additional Protocol 1; Geneva Convention Additional Protocol 2; International Committee of the Red Cross (ICRC)

Suggested Citation

Giladi, Rotem and Ratner, Steven R., The Role of the ICRC in the Enforcement of the Geneva Conventions (June 15, 2015). The 1949 Geneva Conventions: A Commentary (Andrew Clapham, Paola Gaeta, and Marco Sassoli eds., Oxford University Press, 2015, Forthcoming); Hebrew University of Jerusalem Legal Research Paper No. 15-11. Available at SSRN: https://ssrn.com/abstract=2618857

Rotem Giladi

University of Helsinki, Erik Castrén Institute of International Law and Human Rights, Faculty of Law ( email )

Finland

Steven R. Ratner (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

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