1. THE INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) & CIVIL-MILITARY RELATIONS
Larry Maybee
Delegate to Armed & Security Forces
Southeast Asia and the Pacific

2. The International RC/RC Movement:
National Societies
186 National Societies
(since 1864)
The International Federation of Red Cross & Red Crescent Societies (IFRC) (1919)
The national societies are part of the biggest humanitarian movement of the world, the Red Cross/Red Crescent movement
its main tasks: support public authorities in their humanitarian tasks (prevention of disease, programs of education, emergency relief operations, ….
other components:
as already presented ICRC who is working for protection of victims of conflicts
besides national societies also federation who coordinates assistance in times of natural disasters (e.g. Tsunami in Sri Lanka) and is responsible for capacity building of RC/RC
The ICRC
(1863) 2

3. The ICRC:
"The ICRC is an impartial, neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of armed conflict and other situations of violence and to provide them with assistance.“
International mandate given by States in the Geneva Conventions

4. Protection of Civilians:
Internally displaced persons (IDP)
Women, children, most vulnerable
Monitoring hostilities, reporting IHL violations 4

5.  Restoring family links:

6.  Protection of detainees
This is the most “traditional” ICRC activity, dating back to the First World War. Today, the ICRC visits over 500,000 detainees per year, most of whom are not prisoners of war.
The ICRC's visits to prisoners are aimed at preventing or putting an end to disappearances, extra-judicial killings, torture and ill-treatment, and improving conditions of detention. It looks at the physical and material conditions of detention, not at the legal grounds for detention.
The ICRC has chosen to work on the basis of confidential dialogue with the detaining authorities and through long-term relationships. It was only by having the trust of all parties that the ICRC was able to gain access to members of PK forces detained Somalia, Bosnia and Sierra Leone.
Visits to detainees held by UN forces
Usually, the R/o/Engagement, SOPs, Status-of-Forces agreements etc. require international forces to hand over detainees as quickly as possible to the state where the force is deployed – ie. a temporary detention regime.
ICRC would still seek access to detainees if the security situation allows it. Access has never been denied by those forces to the ICRC, although it has been delayed. ICRC then makes oral representations and submits confidential reports.
The ICRC’s right to visit detained persons under UN authority, and to notify their families, is recognised by the UN SG Bulletin applicable to peace operations. The ICRC has visited persons detained by international forces, eg. UNOSOM (Somalia), UNMEE (DRC), ONUCI (Côte D'Ivoire).
One concern the ICRC has is residual responsibility – ie. the detaining force must ensure the force to which detainees are handed over does not mistreat them.

7. Aim of detention visits:
Prevent disappearances, summary executions, torture and ill treatment
Improve of conditions of detention
Assistance if needed (not substitution)
Restore family links
Visits, standard methods
Don't challenge reasons
Don't ask for release
Principle of Confidentiality

8.  Humanitarian Assistance (needs based):

9. How the ICRC works: In close proximity to victims (access is critical)
In dialogue with all parties & armed groups
Confidentially & bilaterally – all parties
Predictably & consistently – in all contexts
In accordance with the RC/RC principles of Neutrality, Independence and Impartiality

10.  Neutrality : Towards Belligerents Neutrality
Towards parties to the conflict.
In order to continue to enjoy the confidence of all, the ICRC may not take sides in hostilities or engage at any time in controversies of a political, racial, religious or ideological nature.
Neutrality is a matter of perception. It is not so much about what is done, but rather how it is perceived. A detainee may perceive the delegate as a friend of the detaining authority as he observes him talking with guards. The latter may, in turn, perceive the delegate as a friend of the detainee as they see them talking together.
Towards Belligerents

11.  Impartiality : Towards Victims Impartiality Towards victims.
The ICRC makes no discrimination as to nationality, race, religious beliefs, class or political opinions. It endeavours to relieve the suffering of individuals, being guided solely by their needs, and to give priority to the most urgent cases of distress.
Non-discrimination. Assistance is needs based. This does not mean that population on each side of the dividing line receive the same amount of assistance, but rather that each receives according to its needs. This of course, may entail a perception difficulty by one side or the other. Therefore the need to explain it clearly from the onset.
Towards Victims

12. STATES NGOs ARMED GROUPS
 Independence :
The ICRC is independent with regard to decision making and action. Its humanitarian activities are based solely on its own assessment of needs.
The ICRC believes that humanitarian activities must not be associated with (or subordinated to) political or military objectives.
STATES
NGOs
WE ARE INDEPENDENT AND OUR ACTIVITIES ARE BASED ON OUR OWN ASSESSMENT
THIS IS THE ONLY WAY TO BE ACCEPTED BY ALL PARTIES TO A CONFLICT AND BY ALL THE SECTORS OF SOCIETY.
Ex. : Security incidents in Afghanistan and in Iraq in year 2004
Not a mistake made by the institution or by the particular delegate who was attacked but, at this stage, the only explanation is that the ICRC has been assimilated to the coalition forces and targeted because the ICRC is perceived as a Western and Christian organization.
THE ICRC WILL TAKE ALL POSSIBLE PRECAUTIONS TO MAINTAIN ITS IMAGE AND PERCEPTION OF BEING A TRULY NEUTRAL AND INDEPENDENT ORGANIZATION, AND OF COURSE ACT CONSEQUENTLY.
THIS MEANS PARTICULAR CAUTION WHEN COOPERATING WITH THE ARMED AND SECURITY FORCES.
ARMED GROUPS 12

13. The ICRC worldwide: - Present in 80 countries
More than 13,000 employees
1200 expatriates & 12,000 national staff
75 different nationalities
Annual budget approx. CHF/USD 1 Bn (plus emergency appeals)
Visits to 800,000 detainees in 88 countries in 2010 13

14. ICRC Relations with Military Forces (Civil-Military Relations):

15. ICRC & Civil-Military Relations:
Engagement with the military is natural (inevitable) for an organisation like the ICRC (sharing the battle space)
What are the respective parties seeking from each other (humanitarian organisations & military forces)?
What concerns does each side have about the other?
For the ICRC, why are the humanitarian principles (neutrality, independence & impartiality) so important?
What are the risks if these principles are not followed?

16. Striking is how the combination of the two above mentioned approaches converged in the concept of Provincial Reconstruction Teams (PRTs) in Afghanistan. The PRTs are regional structures under the command of respective contributing nations in different provinces of the country. They integrate military, intelligence and civil affairs components that are to provide security and be reconstruction-enabling.
The concrete problems posed by these structures for an organisation such as the ICRC is that the different contributing nations have different views of what the PRTs are supposed to achieve, something that few deny. For some they are essentially regional security structures that should help the government of President Karzai to gain the upper hand in the ongoing struggle in the country. For others, they are mainly intended to facilitate or carry out humanitarian operations.
Most problematic is the role of the civil affairs officers. Not unlike ICRC delegates they travel to villages and meet with the population to assess needs and the situation. Not unlike ICRC delegates they provide support when needed. The respective roles become difficult to distinguish for ordinary citizens and when the other component – the military one – of the PRT carries out an operation in the same region a few days later, these citizens are simply no longer clear about who has gathered the intelligence prior to the attack.
As indicated, there are obviously other states than Western ones and their allies in Muslim countries that instrumentalise humanitarian action. The impact of such attempts are more local and have, for example, an impact on the way some National Societies operate, necessitating a particular focus by some delegations. However, this is not the focus of this paper.
"In one moment in time our service members will be feeding and clothing displaced refugees – providing humanitarian assistance. In the next moment, they will be holding two warring tribes apart – peacekeeping. Finally, they will be fighting a highly lethal mid-intensity battle. All in the same day, all within three city blocks.«  (confusion, perceptions)

17. Partners in the Mission?
"Those are the guys who are going to win it for us… That's how we're really going to defeat the root causes…"
Military commander, referring to aid workers – 2003 (perceptions)

18. Baghdad – October 2003 (perception?)

19. “Today, like 20 years ago, you come here to try and make sure prisoners are well treated, wounded taken care of, our families not bombed, or starved, or humiliated. We respect that. Now, be warned: just as we do not expect you to support our religious, social, political views and actions, so we expect you not to support – in any way – our enemies’. Know when so-called humanitarian action becomes a sword or a poison – and stop there.” 
Discussion between senior ICRC delegate
and anti-government tribal leader
regarding ICRC safe passage
Afghanistan, 2010
Striking is how the combination of the two above mentioned approaches converged in the concept of Provincial Reconstruction Teams (PRTs) in Afghanistan. The PRTs are regional structures under the command of respective contributing nations in different provinces of the country. They integrate military, intelligence and civil affairs components that are to provide security and be reconstruction-enabling.
The concrete problems posed by these structures for an organisation such as the ICRC is that the different contributing nations have different views of what the PRTs are supposed to achieve, something that few deny. For some they are essentially regional security structures that should help the government of President Karzai to gain the upper hand in the ongoing struggle in the country. For others, they are mainly intended to facilitate or carry out humanitarian operations.
Most problematic is the role of the civil affairs officers. Not unlike ICRC delegates they travel to villages and meet with the population to assess needs and the situation. Not unlike ICRC delegates they provide support when needed. The respective roles become difficult to distinguish for ordinary citizens and when the other component – the military one – of the PRT carries out an operation in the same region a few days later, these citizens are simply no longer clear about who has gathered the intelligence prior to the attack.
As indicated, there are obviously other states than Western ones and their allies in Muslim countries that instrumentalise humanitarian action. The impact of such attempts are more local and have, for example, an impact on the way some National Societies operate, necessitating a particular focus by some delegations. However, this is not the focus of this paper.

20. DIPLOMATIC/POLITICAL
The Integrated Approach:
Elements:
Activities:
Administration
DIPLOMATIC/POLITICAL
Governance
Rule of Law
END STATE
Stabilisation
MILITARY / SECURITY
STABLE
AND
FAIR
SOCIETY
Civilian Control
Training IHL/HR
Market Access
ECONOMIC
Free Trade
POLITICAL
OBJECTIVES
Education
BACKGROUND
The purpose of this slide is to discuss ICRC's position vis à vis the increasing tendancy on the part of Western governments, the UN and other supra-national bodies, to adopt an 'integrated' or 'comprehensive' approach to the task of nation-stablisation, or nation-building within a post-conflict environment.
The commitment amongst Western governments, the UN and the EU to developing the policies and means to implement an 'integrated approach' within relevant contexts is unquestionably growing stronger. The less than spectacular results achieved in the post-tactical phase in Iraq in has accelerated commitments in this direction. The UK Government's recently established Post Conflict Reconstruction Unit, that combines the efforts of the Foreign and Commonwealth Office, the Ministry of Defence and the Ministry for International Development for post-conflictual environments, is a case in point.
Tied to the eventual success of the mandate prescribed for ICRC by the International Community is the importance of promoting an understanding and acceptance of the ICRC as the reference organisation for neutral and independent humanitarian action. As the Strategy Paper on the Future of NIHA states, ICRC will face two key challenges in the modern 'global confrontation' context: either an instrumentalisation and/or rejection of ICRC by the various parties. In terms of the evolution of the 'integrated approach' the risk is that governments and their militaries, increasingly operating in nation building and humanitarian roles, will see the ICRC and the broader humanitarian community as natural partners. Evidence of this is already strong in contexts such as Afghanistan, Iraq and parts of Africa. In addition, ICRC needs to ensure that its discourse can avoid the 'with or against us' syndrom that predominates in the so called 'global war on terror'.
USING THE SLIDE
(Click Once) The first section demonstrates, in conceptual form, the anatomy of an 'integtrated approach'. – '…what is it?' This includes the elements or instruments of power that a government, coaltion of governments, UN or EU, etc. can apply to a nation-building task. These elements are the personnel, policy resources and physical means applied to conduct a wide variety of activites or actions necessary to achieve the end state or objectives of a stable and fair society. Two things should be noted: One, that the role and prominence of the military element will depend on the nature of the prevailing security situation. The greater the insecurity, the greater the prominence of the military element. The intent of the 'integrated approach' is, however, to ensure that the military, at the appropriate moment, will reduce its prominence in nation-building to other elements more competent in activites such as establishing the rule of law, governance or basic social services. A widespread criticism of Iraq is that the military element was left too long in charge in the post-conflict, nation-building process. The second point to note is that the process of nation-building is likely to extend over a long period, up to years in some cases.
(Click Again) The second section demonstrates that within a nation-building process, the elements in the 'integrated approach' will also be assisting the 'victims' of the particular conflict. This is precisely the category that the ICRC seeks to protect and assist. There will thus be a convergence of interest in terms of the 'victims of conflict'. It is on this point that much of the belief rests amongst militaries and some of their governments that ICRC will share the same objectives and goals of an 'integrated approach'. This is an incorrect assumption.
(Click Again) Rather, the point to be stressed is that the end state of the 'integrated approach' is based on a set of political objectives established by the respective government, coalition of governments, the UN or EU, etc. ICRC makes no particular judgement about these particular political objectives since this is not part of its mandate. In the same way that ICRC makes no formal pronouncement on jus ad bellum, so it is that ICRC makes no pronoucement on on the objectives underpinning an 'integrated approach', except where this affects issues of jus in bello and access to the victims. (Suggested reading on this point: Hugo Slim, With or Against, Centre for Humanitarian Dialogue)
(Click Again) Thus ICRC neither seeks to join-in an 'integrated approach' nor does it support or reject the political objectives. It must be stressed, however, that consistent with its modalities in all contexts, ICRC will seek to 'coordinate with' the actors of an 'integrated approach' to ensure its mandate and to have a continued access to the victims.
Healthcare
HUMANITARIAN / SOCIAL
Basic Svcs
Victims of
Conflict 20 20

21. The ICRC asks for :
Access to all areas (continuing/ongoing) – including conflict affected
Information on the security situation in the field
Mainly for the safety of our teams and the civilians/victims
Access to detainees
Not armed escorts
Not the use of military (logistic) assets

22. The ICRC can offer: Immediate assistance in emergency situations
Constructive dialogue (confidential & bilateral)
Coordination of movement (to ensure safe access)
Useful information on the situation of civ populations
Monitoring compliance with IHL (all parties/groups)
Its services as neutral intermediary between parties to the conflict:
PW & detainee exchanges
Mortal remains
Humanitarian corridors
Evacuate wounded & civilians
IDP resettlement

23. THANK YOU!

24. Conclusions & key messages:
Challenge for all actors to adequately understand and respect each others' roles, mandates & capacities
Clear separation between military & HA – clarity in terms, use of uniforms & vehicles, objectives & comms
Obligation to ensure sufficient space for the function of impartial, independent humanitarian actors
ICRC has a specific legal & principle-driven approach focused on those in need
Trust and dialogue -
(exchange of information on issues of
mutual concern, particularly protection)

25. ICRC's ten largest operations: