Today, the International Committee of the Red Cross (ICRC) - unlike other humanitarian organizations - follows a principled application of the human rights based approach (HRBA). To gain insights into why the organization follows a HRBA at all and why it does so in a principled manner, I propose that this necessitates going back in history. I, thus, set out to explore the following research question in this paper: How have the concept and agenda of human rights “infiltrated” the ICRC with regards to its stance on and practices of humanitarian aid in the aftermath of the Second World War? I will, thereby, argue that examining the relationship between international humanitarian law (IHL) and international human rights law (IHRL) by diving into their drafting history in the aftermath of the Second World War will provide us with some valuable answers. Structurally, I will first discuss the HRBA and potential dilemmas raised for humanitarian actors. Secondly, I will provide an overview of the historical roots of humanitarianism and human rights as well as of the theoretical approaches on their legal relationship before diving into the drafting history of IHL and IHR to possibly evidence a mutually reinforcing relationship. I will illustrate this by showing how the experiences made by the ICRC during the Second World War and the Nigerian civil war shaped international legal development and with it also the practices and convictions of the organization.
Table of Contents
1. Introduction
2. The 21st Century: The Human Rights Based Approach
2.1 Pitfalls for humanitarian actors
2.2 The HRBA and the ICRC
3. Back to the Roots: Humanitarianism and Human Rights
3.1 A contested legal Relationship
4. Post World War II: The Paradigm of Protection
4.1 Preventing Atrocities in the Future
4.2 The ICRC and Postwar Relief
4.3 The Nigerian Civil War
4.4 Legal Rapprochement
6. Conclusion
7. Bibliography
Objectives and Themes
This paper explores the historical integration of human rights concepts and agendas into the International Committee of the Red Cross (ICRC) in the aftermath of the Second World War. It examines how the organization, faced with a shifting legal and political landscape, navigated the often-contested relationship between traditional humanitarian principles and the evolving human rights-based approach (HRBA).
- The historical relationship between humanitarianism and human rights.
- The application of the human rights-based approach (HRBA) within the ICRC.
- ICRC's challenges and responses in postwar relief and armed conflicts.
- The role of the Nigerian Civil War in shaping humanitarian practices.
- The gradual convergence of International Humanitarian Law (IHL) and International Human Rights Law (IHRL).
Excerpt from the Book
1. Introduction
The humanitarianism-human rights nexus has been subject of many debates. It is not only at the intersection of international humanitarian law (IHL) and international human rights law (IHRL), that scholars and experts disagree, but recent developments at policy level and in humanitarian practice have also raised questions about the existence and nature of a potential relationship between humanitarianism and human rights: The changing character of armed conflicts in the 20th century exposed limitations of IHL and has spurred international legal developments in a way that suggests an overlap between IHL and IHRL, while humanitarian organizations have adopted human rights-based approaches (HRBA) and have spoken out in human rights related fora.
The Red Cross and Red Crescent Movement is no exception. For example, the International Federation (IFRC) in its “Protection, Gender and Inclusion” Policy (2022) states that its approach is “driven by needs and informed by rights”. (p. 7) While the IFRC works predominantly in peace times, the International Committee of the Red Cross (ICRC) has a mandate to assist and protect victims of armed conflict. Nevertheless, the Movement Protection Framework which equally applies to the ICRC, also contains a reference to IHRL (p.1, 2018). This might surprise together with the fact that the ICRC has spoken at the UN Human Rights Council (ICRC, 2016) and has issued joint appeals with the UN Secretary General on human rights related matters. (UN News, 2019)
Summary of Chapters
1. Introduction: Presents the research problem regarding the historical "infiltration" of human rights into the ICRC’s humanitarian agenda.
2. The 21st Century: The Human Rights Based Approach: Outlines contemporary dilemmas and the specific adoption of HRBA within the ICRC framework.
3. Back to the Roots: Humanitarianism and Human Rights: Analyzes the contested intellectual and legal history shared by both regimes.
4. Post World War II: The Paradigm of Protection: Discusses the formative impact of the Second World War and subsequent crises on legal and operational shifts.
6. Conclusion: Summarizes how historical developments show a convergence and "dual identity" of the ICRC as it navigates state approval and civil society expectations.
7. Bibliography: Lists the primary and secondary sources used in the research.
Keywords
ICRC, Human Rights, Humanitarianism, International Humanitarian Law, IHL, IHRL, Human Rights-Based Approach, HRBA, Postwar Period, Nigerian Civil War, Protection, Neutrality, Human Rights Nexus, Geneva Conventions, Legal Rapprochement.
Frequently Asked Questions
What is the core focus of this research paper?
The paper examines how human rights concepts and agendas were historically integrated into the practices and discourse of the International Committee of the Red Cross (ICRC) following the Second World War.
What are the central thematic fields covered?
The central themes include the intersection of International Humanitarian Law (IHL) and International Human Rights Law (IHRL), the evolution of humanitarianism as protection, and the operational dilemmas faced by the ICRC.
What is the primary research question?
The research asks how the concept and agenda of human rights "infiltrated" the International Committee of the Red Cross regarding its stance and practices of humanitarian aid after the Second World War.
What scientific methodology is applied?
The author uses a mix of primary and secondary sources, heavily drawing on historical context and drafting history to analyze the legal relationship and organizational development.
What content is addressed in the main part?
The main part covers the conceptualization of the HRBA, the historical roots of humanitarianism, the impact of the Second World War as a "paradigm shift," case studies like the Nigerian Civil War, and the legal rapprochement between IHL and IHRL.
Which keywords best characterize this work?
Key terms include ICRC, Human Rights, Humanitarianism, International Humanitarian Law, HRBA, Protection, Neutrality, and Postwar Period.
How does the Nigerian Civil War specifically impact the ICRC's narrative?
The Nigerian Civil War serves as a pivotal case study that exposed the organization’s operational weaknesses and forced a re-evaluation of its principled approach to neutrality and access to victims.
What is the significance of the ICRC’s "two worlds" mentioned in the conclusion?
The author concludes that the ICRC maintains a dual identity: navigating the world of state approval (IHL mandates) while being increasingly influenced by the initiatives and values of civil society (human rights).
- Citar trabajo
- Anna Scheithauer (Autor), 2024, The International Committee of the Red Cross, Múnich, GRIN Verlag, https://www.grin.com/document/1452409
