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Neutrality and Impartiality—The importance of these principles for the International Red Cross and Red Crescent Movement and the difficulties involved in applying them

Published online by Cambridge University Press:  13 January 2010

Marion Harroff-Tavel
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Extract

Of all the seven Fundamental Principles of the Red Cross and Red Crescent, neutrality and impartiality are perhaps the least well understood. They are often confused with each other and give rise to controversy. How can a National Society that is an auxiliary of the public authorities possibly be called neutral? Isn't neutrality sometimes synonymous with passivity or indifference? Can the ICRC regard itself as neutral when it points publicly to violations of international humanitarian law? Does impartiality mean sharing relief equally between the victims on both sides of a conflict? Is it possible to give humanitarian assistance to only one of the parties without violating the principles of neutrality and impartiality? These are questions that have occurred to every man and woman working in the International Red Cross and Red Crescent Movement.

Type
On the Fundamental Principles of the Red Cross and Red Crescent
Information
International Review of the Red Cross (1961 - 1997) , Volume 29 , Issue 273 , December 1989 , pp. 536 - 552
Copyright
Copyright © International Committee of the Red Cross 1989

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Footnotes

*

This article reflects the author's personal views and does not engage the responsibility of the ICRC.

References

1 The seven Fundamental Principles of the Movement (humanity, impartiality, neutrality, independence, voluntary service, unity and universality) are set out in the Preamble to the Statutes of the International Red Cross and Red Crescent Movement adopted by the Twenty-fifth International Conference of the Red Cross in Geneva in October 1986 (hereinafter referred to as the Statutes of the Movement).

2 For further consideration of these Principles, see Jean Pictet's basic works: Red Cross Principles, International Committee of the Red Cross, Geneva, 1956, pp. 32–76 Google Scholar, and The Fundamental Principles of the Red Cross. Commentary, Henry Dunant Institute, Geneva, 1979, pp. 37–60.Google Scholar

3 These four conditions were published in “Action by the International Committee of the Red Cross in the event of breaches of international humanitarian law”, International Review of the Red Cross, No. 221, 03–04 1981, p. 81.Google Scholar

4 Article 4, paragraph l(d) and paragraph 2 of the Statutes of the International Committee of the Red Cross of 21 June 1973, revised version of 20 January 1988, and Article 5, paragraph 2(d) and paragraph 3 of the Statutes of the Movement.

5 Report of the International Committee of the Red Cross on its activities during the Second World War (09 1, 1939 — 06 30, 1947). Vol I: General activities, Geneva, 05 1948, p. 17 Google Scholar (hereinafter referred to as Second World War Report).

6 “Documents inédits sur la fondation de la Croix-Rouge (Procès-verbaux du Comité des Cinq)” Jean S. Pictet, ed., in Revue international de la Croix-Rouge, No. 360, 12 1948, p. 876.Google Scholar

7 The Commentary on Article 18 of Protocol II states that: “Article 18, paragraph 2, does not in any way reduce the ICRC's right of initiative, as laid down in common Article 3, since the conditions of application of the latter remain unchanged. Consequently the ICRC continues to be entitled to offer its services to each party without such a step being considered as interference in the internal affairs of the State or as infringing its sovereignty, whether or not the offer is accepted”. Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949, ICRC, Martinus Nijhoff Publishers, Geneva, 1987, p. 1480.Google Scholar

8 See also Article 3 of Protocol II.

9 Second World War Report, p. 26.Google Scholar

10 Article 11 of the Geneva Convention of 6 July 1906 for the amelioration of the condition of the wounded and sick in armies in the field.

11 Article 5, para. 4(b) of the Statutes of the Movement — Article 18 of the Agreement between the International Committee of the Red Cross and the League of Red Cross and Red Crescent Societies, signed on 20 10 1989 (Quoted hereafter).Google Scholar

12 International Red Cross Handbook, 12th ed.; Geneva, 1983, p. 641.Google Scholar

13 Article 44 of the First Geneva Convention of 1949, Article 63 of the Fourth Geneva Convention of 1949, and Article 81 of Protocol I.

14 Boissier, Léopold, “The silence of the International Committee of the Red Cross”, in International Review of the Red Cross, No. 85, 04 1968, p. 180.CrossRefGoogle Scholar