1 Dunant suggested that permanent relief societies be set up which would begin making preparations during peacetime so as to be ready to support the armed forces' medical services in wartime. These societies would coordinate their efforts and be recognized by the authorities. He also proposed that an international congress be held ‘to formulate some international principle, sanctioned by a Convention inviolate in character, which, once agreed upon and ratified, might constitute the basis for societies for the relief of the wounded,’ and would also protect the wounded and those coming to their aid (A Memory of Solferino, English trans., ICRC, Geneva, 1986, p. 126).

2 In making Henry Dunant's ideas a reality, and in particular, promoting the adoption of a solemn commitment by the States to help and care for wounded soldiers without distinction, the ICRC was at the forefront of the development of international humanitarian law. Its field work was later given a legal basis through mandates contained in international humanitarian law and in resolutions adopted at meetings of the International Conference of the Red Cross and Red Crescent.

3 Reversing the colours of the Swiss flag and paying tribute to the country, as host of the Geneva International Conference of 1863.

4 Text featured in ICRC publications (latest update by the Committee, 19 June 2008).

5 In this document, ‘parties’ or ‘authorities’ should be understood to mean all entities (de jure or de facto) having obligations.

6 See Art. 5.3 of the Statutes of the Movement. In its capacity as a specifically neutral and independent humanitarian organization, the ICRC examines whether it is better placed than other organizations to respond to the needs arising from these situations, such as visiting security detainees in cases where information or rumour indicates there may be poor detention conditions or ill-treatment.

7 Assisting victims of anti-personnel mines is a good example. While treating them, the ICRC receives information that helps it map out the incidents, target representations to the groups responsible, set up awareness-raising programmes to prevent accidents among the local population, adapting the message to the commonest kinds of victims (children, women and shepherds), provide in certain circumstances mine-clearance organizations with information, organize rehabilitation for people with artificial limbs, and perhaps provide them with professional training and loans to start a business. Knowledge and experience of this kind also proved to be useful in the process leading to the adoption of a new treaty prohibiting the use of anti-personnel mines.

8 The ICRC is often considered to be sui generis: legally, it is neither an intergovernmental nor a non-governmental organization. It is a private association under Swiss law with international mandates under public international law.

9 International humanitarian law expressly confers certain rights on the ICRC, such as that of visiting prisoners of war or civilian internees and providing them with relief supplies, and that of operating the Central Tracing Agency (see Arts 73, 122, 123 and 126, GC III, and Arts 76, 109, 137, 140 and 143, GC IV). In addition, international humanitarian law recognizes the ICRC's right of initiative in the event of armed conflict, whether international or non-international (Art. 3 and Arts. 9/9/9/10 common to the four Geneva Conventions). The ICRC's role is confirmed in Art. 5 of the Statutes of the Movement. In situations falling below the threshold of international humanitarian law, this article of the Statutes alone recognizes that the ICRC has a mandate to take action.

10 The States party to the Geneva Conventions normally meet representatives from the components of the Movement (the ICRC, the Federation and the National Societies) once every four years within the framework of the International Conference. The latter is competent to amend the Statutes of the Movement (which define the ICRC's role) and can assign mandates to the various components, but it cannot modify the ICRC or Federation statutes or take any decisions contrary to these statutes (Art. 11.6 of the Statutes of the Movement).

11 The ICRC may cite international human rights law in addition to international humanitarian law when the latter is applicable, or in place of it when it is not.

12 See in particular Arts 1, 3 and 6 of the Movement Statutes.

13 The Movement's mission is:

• •

  • to prevent and alleviate suffering wherever it may be found;

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  • to protect life and health and ensure respect for the human being, in particular in times of armed conflict and other emergencies;

• •

  • to work for the prevention of disease and for the promotion of health and social welfare;

• •

  • to encourage voluntary service and a constant readiness to give help by the members of the Movement, and a universal sense of solidarity towards all those in need of its protection and assistance (Preamble to the Statutes of the Movement).

It may be added that by carrying out its activities throughout the world, the Movement contributes to the establishment of a lasting peace.

14 See ‘Policy on ICRC cooperation with National Societies,’ International Review of the Red Cross (IRRC), No. 851, September 2003, pp. 663–678.

15 See in particular the Seville Agreement adopted by the Council of Delegates in 1997 (Resolution 6) and the Supplementary Measures adopted by the Council of Delegates in 2005 (Resolution 8).

16 See the Preamble to the Statutes of the Movement. The Fundamental Principles were proclaimed by the 20th International Conference in Vienna in 1965 and were incorporated in a slightly different form in the Statutes of the Movement adopted by the 25th International Conference in Geneva in 1986 and amended in 1995 and 2006.

17 The role of neutral intermediary in resolving issues of humanitarian concern follows from the ICRC's distinctiveness as a specifically neutral and independent organization (Art. 5.3 of the Movement Statutes).

18 International humanitarian law continues to apply even after active hostilities have ceased. When hostilities come to an end, States still have certain obligations, while others come into effect at that point. The ICRC therefore continues to conduct some of its activities and begins others during this transition period. See Harroff-Tavel, Marion, ‘Do wars ever end? The work of the International Committee of the Red Cross when the guns fall silent,’ IRRC, No. 851, September 2003, pp. 465–496.Google Scholar

19 See Arts 5.2(d) and 5.3 of the Movement Statutes.

20 Based on the facts on the ground, the ICRC will determine the legal nature of the situation, which will define its legal frame of reference.

21 Parties to the conflict and other protagonists: armed, humanitarian, UN, non-UN, political and civil society actors, etc.

22 The ICRC can always count on its delegation employees, who are familiar with the local environment and who are specialists in their work. Depending on the circumstances, it can also seek support from others in the Movement network.

23 See ‘ICRC assistance policy,’ IRRC, No. 855, September 2004, pp. 677–693.

24 The responses are as varied as the needs. An exhaustive list would be impossible, since each new situation requires new responses. These responses also take into account protection of the environment. The ICRC also occasionally takes action in the event of natural disasters (see section 3.3 above).

25 See ‘Policy on ICRC cooperation with National Societies,’ IRRC, No. 851, September 2003, pp. 663–678.

26 See for example ‘The role of the ICRC in preventing armed conflict: its possibilities and limitations,’ IRRC, No. 844, December 2001, pp. 923–946.

27 Although the main aim of the ICRC is neither to promote world peace nor to prevent armed conflict, its work and that of the other components of the Movement make a direct contribution to this.

28 Art. 5.2(d) of the Statutes of the Movement.

29 Coordination within the Movement was discussed under section 2.4 above (‘Membership in a Movement’).

30 See editorial in the IRRC, No. 865, March 2007, pp. 5–6.

31 They should contribute, for example, to decisions regarding priorities and regarding the implementation, management and assessment of programmes.

32 In three sources principally: (1) Rule 73 of the Rules of Procedure and Evidence of the International Criminal Court, (2) Decision of 27 July 1999 by the International Criminal Tribunal for the Former Yugoslavia in the case Prosecutor v. Simiç et al., ‘Decision on the prosecution motion under Rule 73 for a ruling concerning the testimony of a witness,’ and (3) headquarters agreements that the ICRC has signed with over 80 States.