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Published online by Cambridge University Press: 01 December 2005
The Council of Delegates,
reaffirming the undertaking of all States and parties engaged in armed conflict to respect and ensure respect for international humanitarian law,
recognizing the importance of working toward the universal ratification of treaties on international humanitarian law,
considering the continued importance of customary international humanitarian law in the light of the fact that not all humanitarian treaties have been universally ratified,
noting that treaty law governing non-international armed conflicts is not well developed although these conflicts predominate today,
recalling Resolution 1 of the 26th International Conference of the Red Cross and Red Crescent and the mandate entrusted to the ICRC to prepare a study on customary rules of international humanitarian law applicable in international and non-international armed conflicts,
noting with great appreciation the extensive efforts undertaken by the ICRC to prepare this study in accordance with the above-mentioned mandate,
1. welcomes the study on customary international humanitarian law published by the ICRC as an important contribution to the protection of war victims;
2. recommends the study to all components of the Movement as a basis for discussion, where relevant, with national authorities, armed forces, academic circles and parties to an armed conflict;
3. invites National Societies, to the extent of their capacities, to disseminate the findings of the study as widely as possible.
page 760 note 1 Annex to Resolution 10 of the 2003 Council of Delegates.
page 761 note 2 Art. 7.5 of the Movement Statutes; ”The Movement's Policy on Advocacy.”
page 794 note 1 The present document relates to all bodies and groups carrying out military tasks and operations.
page 794 note 2 Action 15 of the Strategy for the International Red Cross and Red Crescent Movement — The implementation of this action does not affect the obligations of National Societies working as auxiliaries to the medical services of the armed forces, in accordance with Article 26 of the First Geneva Convention (see Part III. 1).
page 794 note 3 Statutes of the International Red Cross and Red Crescent Movement, in particular Articles 3 to 7.
page 795 note 4 Agreement on the Organization of the International Activities of the Components of the International Red Cross and Red Crescent Movement, Council of Delegates Resolution 6, Seville, 1997.
page 795 note 5 Resolution 9, Council of Delegates, Geneva, 1995.
page 795 note 6 Resolution 5, Council of Delegates, Budapest, 1991.
page 796 note 7 It is recognized that National Society personnel, when acting as auxiliaries to the military medical services, are subject to military command (see Article 26 of the First Geneva Convention: “The staff of National Red Cross Societies and that of other Voluntary Aid Societies, duly recognized and authorized by their Governments, who may be employed on the same duties as the personnel named in Article 24, are placed on the same footing as the personnel in the said Article, provided that the staff of such societies are subject to military laws and regulations. Each High Contracting Party shall notify to the other, either in time of peace or at the commencement of or during hostilities, but in any case before actually employing them, the names of the societies which it has authorized, under its responsibility, t o render assistance to the regular medical service of its armed forces”).
page 797 note 8 The decision of the National Society is based on the Guiding Principles as set out above.
page 799 note 9 In particular the role of National Societies in disaster-preparedness and disaster-response.
page 799 note 10 The ICRC often provides contextualized guidance on such matters.
page 800 note 11 The criteria are set out in the Report on the Use of Armed Protection for Humanitarian Assistance, adopted by the Council of Delegates (1995, Resolution 9). The Council of Delegates endorsed “the guiding principles laid down in Section HI of the report and particularly the minimal criteria laid down for the exceptional use of armed protection of humanitarian convoys.”
page 803 note 1 Humanitarian systems outside the Red Cross and Red Crescent Movement: UN and national or international Non-Governmental Organizations.
page 803 note 2 SA always used as an abbreviation of “Seville Agreement.”
page 805 note 3 Characteristics of a Well-Functioning National Society, International Federation, May 1994.
page 806 note 4 Seville Agreement Part I, Article 4, B), 4.3.
page 807 note 5 Practical examples include the coordination mechanisms developed for Russia in 2000, the Balkans operation in 1999, the Macedonia operation in 2000, the Sudan operation in 2004 and the Tsunami operation in 2005.
page 808 note 6 Sudan 2004, Nepal 2004, Sri Lanka 2004, Indonesia 2004.
page 812 note 1 In particular Chapter IV of the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949.
page 812 note 2 In particular the principle of independence.
page 812 note 3 In particular Article 4.3 of the Movement's Statutes.
page 812 note 4 General Assembly Resolution 49/2, adopted in 1994.
page 814 note 1 The full text of the Policy is located on FedNet, under: Working Together / ERC / Relationship Development / Corporate Relations / Corporate Policy. The full text includes practical tools for the Policy's implementation, which may further guide those establishing corporate partnerships on behalf of their organization. The substantive provisions contained in the Annex to this Resolution highlight the essential policy elements of the full document.
page 814 note 2 The Policy does not apply to financial or in-kind donations or to commercial arrangements with suppliers and service providers that do not entail a communication or promotional dimension which might potentially create a public association of image. In these relationships, while there may be recognition of the company's support, there must be no “public association” with the Red Cross or Red Crescent name, image and Emblem/logo.
page 817 note 3 The Regulations on the Use of the Emblem of the Red Cross or the Red Crescent by the National Societies (here referred to as 'Regulations on the Use of the Emblem') were adopted by the 20th Red Cross and Red Crescent International Conference (1965) and revised by the Council of Delegates (1991). In this document, we refer to the revised version from 1991, which was also submitted to and approved by all the States party to the Geneva Conventions and agreed to by the ICRC and the Federation at the 1993 Council of Delegates (Resolution 8).
page 817 note 4 International humanitarian law (IHL) applies primarily in situations of armed conflict. It refers principally to the four 1949 Geneva Conventions and the two 1977 Additional Protocols. While it must be respected primarily by combatants (State and non-State bearers of weapons involved in the conduct of hostilities), IHL also applies to private companies in cases where they are directly involved in hostilities, for instance, through the hiring of military personnel. To learn more on whether a potential corporate partner has violated IHL, refer to: <www.preventconflict.org/portal/economics/portalhome.php>
page 818 note 5 There are varying definitions of core business. KLD Research has defined it as 15% of annual revenues for retailers. Michael Jantzi Research Associates Inc. has defined it as 5% of annual revenues from sales.
page 818 note 6 Article 23 (d) of The Regulations on the Use of the Emblem states that “the company concerned must in no way be engaged in activities running counter to the Movement's objectives and Principles or which might be regarded by the public as controversial.”
page 818 note 7 Sustainable Development is defined as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” (World Commission on Environment and Development, 1987).
page 819 note 8 In cases where a company is not comfortable sharing information about itself, a system of “good faith” can be used. In this case, a company will not be required to reveal its information but will be requested to state that it fulfils the Guiding Criteria and that it will continue to meet them throughout the term of the agreement, as per 5.3.4. Alternatively, signing a confidentiality agreement (See Sample Document VI of the Policy for further reference) might also be considered to facilitate the information sharing process.
page 821 note 9 Multinational partnerships are partnerships which involve a multinational company and more than one National Society. These partnerships require the involvement of the International Federation (10th General Assembly, 1995).
page 821 note 10 Endorse: This refers to a situation in which the Movement component is seen as “providing a sign of formal and explicit approval of the products, policies or services of a company”. As per Article 23 of the Emblem Regulations, 'no confusion must be created in the mind of the public between the company's activities or the quality of its products and the Emblem or the National Society itself.
page 821 note 11 Exclusivity: a situation in which a Movement component agrees that the corporate partner will be its sole partner for an unspecified period of time.