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Daccord

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2010-11-22
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2018-05-22
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  1. The ICRC therefore urges States to take decisive action in the four particular areas that I highlighted, namely, to avoid the use of heavy explosive weapons in populated areas, counter a wide range of threats to health care, ensure humane treatment and conditions of detention for all detainees and commit to preventing people from going missing and properly accounting for those who do. Those are the responsibility of not just States themselves, but their partners and proxies too. We stand ready to guide and support States and other stakeholders to take practical measures to achieve those goals. Action in those four areas would go a long way towards ensuring better protection of civilians in armed conflicts everywhere, and it would do much to restore faith in our common humanity.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  2. Those, of course, rarely make the headlines. To that end, the ICRC is currently undertaking a project on international humanitarian law in action to collect and promote evidence-based examples of respect for the law from parties to conflict around the world. That, we hope, will reaffirm and strengthen the positive impact of international humanitarian law in today's armed conflicts. In conclusion, there is clearly still a long way to go before the various normative and policy achievements regarding the protection of civilians are felt where they really matter - not on paper, but on the ground.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  3. We can support parties to conflict to fulfil their obligations, which will, in turn, help people to rebuild their lives. This year, we are launching a four-year project with a global community of practitioners to develop professional standards and practices to improve the response to missing persons and their families. Despite that very gloomy picture, it would be wrong - and indeed dangerous - to believe that international humanitarian law is always violated and therefore is useless. Any normalization of violations could have a terrible impact on those affected by armed conflict. Conversely, we believe that a more positive focus on international humanitarian law can actually strengthen compliance. While we are rightly concerned by violations of the law, we must equally recognize the many positive examples of respect for it.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  4. No one can even be sure how many people are affected, In Iraq, for example, estimates on the number of missing persons from past and current conflicts range from 250,000 to 1 million. The plight of those people, and of their families, can go on for many years, even decades. People have the right to know what happened to their missing relatives. International humanitarian law includes a range of provisions to prevent people from going missing in armed conflict and to account for those who do. Parties to conflict have an obligation to provide information and make efforts to put families back together, no matter who they are or where they come from. The way in which cases of missing persons are handled can have a long-term impact on reconciliation, stability and peace, for better or worse. We can help.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  5. States have an obligation to respect human dignity at all times, including in temporary places of detention. Prison infrastructure needs to be planned in line with the Nelson Mandela Rules. Detention staff should have the training, capacity and independent oversight to manage places of detention humanely and adequately. Judicial guarantees and procedural safeguards must be enforced rapidly following capture or arrest under the relevant law. ICRC visits to places of detention in conflict zones can play a critical role in ensuring that detainees are treated humanely. We therefore call on States and other parties to armed conflicts to grant the ICRC access to places of detention. The fourth and last issue concerns the many people who go missing in armed conflict.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  6. The third issue of particular concern that I would like to highlight today concerns the deprivation of liberty. The ICRC visits hundreds of places of detention in conflict zones around the world every year. In many of them, the use of torture and other cruel, inhuman or degrading treatment and punishment are the norm, with dramatic consequences for detainees' physical and mental health. Severe overcrowding is also common. That is often due to a high incarceration rate, shortcomings in the judicial process and limited infrastructure. All too often, places of detention are inhumane and unmanageable. In the long-term, that has very negative repercussions on society as a whole, while fuelling cycles of conflict and abuse. How can that be remedied?

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  7. First, they should review their military doctrines, procedures, planning and practices to protect medical care in the conduct of military operations; secondly, ensure that their domestic legislation enables health-care professionals to carry out their work impartially and safely under international humanitarian law and medical ethics; thirdly, ensure conflict-specific training and support for health care professionals, and capacity-building and preparedness of health-care systems; fourthly, gather good quality data to develop better tools to prevent violence from happening and to mitigate its consequences when it does; and, fifthly, support behavioural change initiatives and other means of awareness-raising aimed at increasing respect for health-care workers, in general, so that they can work in safety even under the most difficult circumstances.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  8. However, during the two-year period since its adoption, from May 2016 to April 2018, the ICRC recorded more than 1,200 violent incidents targeting health care in 16 countries whereby health workers were killed, threatened or kidnapped; ambulances were obstructed; medical supplies were destroyed or prevented from crossing front lines; and hospitals were bombed or looted. The gap between words and actions is rather dramatic. It is imperative that all States 4 not only parties to conflicts - uphold international commitments and make the protection of health care a national priority. One of the best ways to do so, we believe, is to focus on national and regional initiatives, including the exchange of best practices between States. More specifically, we urge all States to take the following five priority measures.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  9. In view of the unique vulnerabilities of civilians living in population centres, it is crucial that parties to armed conflicts reassess and adapt their choice of weapons in urban warfare. To that end, we once again urge States and parties to armed conflicts to avoid the use of explosive weapons that have wide-area effects in densely populated areas. That avoidance principle suggests a presumption of the non-use of such weapons owing to the high risk of their indiscriminate effects and of the consequent harm to civilians. Damage and disruption to essential services brings me to the second main issue of concern, that is, the protection of health care. Resolution 2286 (2016) was a significant first step towards better implementation of existing international humanitarian law on medical care in armed conflict.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  10. The first issue, which echoes the concerns of the Secretary-General, is the enormous impact on civilians from the use of heavy explosive weapons in populated areas. Working on the front lines of armed conflicts as we do, the ICRC sees close-up the often-devastating humanitarian consequences of such weapons - in Syria, Iraq, Yemen, Ukraine, Afghanistan, Libya and elsewhere. With conflicts becoming more urbanized and protracted, those consequences are becoming more widespread and are lasting longer, sometimes for generations. That is not only in terms of the traumatic loss oflife, livelihoods, infrastructure and services, but also in terms of deep mental scars. The obvious solution lies in changing behaviour.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  11. In many of the ongoing armed conflicts that we see in the Middle East, Africa and elsewhere, belligerents receive significant support from States, for example, in the form of logistical support, training, financing and partnered operations. States that supply belligerents with weapons have a special responsibility and are particularly influential, as they are providing the means by which violations might be committed. The message must be clear: there will be no support without compliance with the law. A failure to follow the rules, which is essentially a failure in terms of humanity, results in much of the suffering that we see every day in our work. I would like to highlight four ongoing issues that we find of particular concern, with clear recommendations for improving the situation on the ground.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  12. There is also a general trend of denial of responsibility for international humanitarian law violations, including for direct or proxy partners and of passing responsibility to someone else down the line. That only increases the climate of impunity and ultimately causes yet more suffering. Let us be clear. International humanitarian law protects everyone who is not, or is no longer, taking part in hostilities. Exceptional behaviour by one side - even including large-scale violations of international humanitarian law - cannot justify an unlawful response. On the contrary, States must not only respect international humanitarian law, but they must also influence those with whom they partner or whom they support to ensure compliance with international humanitarian law.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  13. That tool is international humanitarian law, which is designed to respect and preserve life and dignity even in the worst circumstances. Equally clear is that the primary responsibility for respecting and ensuring international humanitarian law falls to States. There can be no excuses and no exceptions to the applicability of the law - no matter how complex, protracted or fragmented an armed conflict may be and what labels or designations are given to the parties. We often see States and their partners claiming that they are fighting individuals designated as terrorists or foreign terrorist fighters, which sometimes includes children, rather than a conventional enemy and that international humanitarian law somehow does not apply or applies differently.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  14. It is the doctor threatened by fighters for treating someone from the other side; the detainee languishing in an overcrowded jail with no procedural safeguards; the woman living in torment for decades without news of her missing husband; and it is the countless men, women and children suffering the long-lasting consequences of armed conflicts in every region of the world - each one with their own tragic story. Our focus here today, as always, is how best to respond to such terrible suffering; how to prevent it from happening in the first place; and how to close the gap between words and action and actually protect civilians. Our basic message is simple and clear: the single most effective way to reduce suffering in war is to uphold the fundamental principle of humanity. The most important tool for achieving that is already in our hands.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  15. Mr. Daccord: I am honoured to address the Security Council today on the topic at the heart of the mission and mandate of the International Committee of the Red Cross (ICRC), and at the centre of all aspects of our daily work in armed conflicts around the world. My wish - and, I believe, our wish - is that, for once, we could discuss the protection of civilians in a positive, celebratory tone; that we could say the impressive progress on the normative and policy fronts has been matched finally by action on the ground. That is our wish. Sadly, we cannot. Once again, the gap between the two remains enormous, while the reality on the ground is characterized by a dire lack of protection. We all know what that reality looks like. It is the child left orphaned and permanently disabled after the family home was hit in an air strike.

    2018-05-22 · UN Security Council · Security Council, S/PV.8264 (2018) · source

  16. Ultimately, it is up to States and non-State armed groups, which are also bound by the provisions of international humanitarian law, to show the political will to translate legal provisions into actual deeds, to turn words and promises into concrete actions and to make the protection of civilians a meaningful reality.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  17. Yet we watch in dismay as parties to conflict continue to disregard the very rules that could lay the groundwork for recovery and an eventual return to stability. Fanning the flames of ethnic, religious and sectarian hatred and violence further exacerbates the problem, increasing the perennial instability and fragility of many conflict-affected States. All of us here today have a role to play in improving compliance with international humanitarian law. For our part, the joint Swiss-ICRC initiative to strengthen compliance with international humanitarian law, which continues to gain momentum and widespread support from States, is just one example in that regard.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  18. In many armed conflicts, the prevalent use of explosive weapons with wide impact in densely populated areas - with all its inherent risk of incidental or indiscriminate death, injury and destruction of homes and vital civilian infrastructure - further fuels displacement and inhibits return. The ICRC joins the Secretary-General in encouraging States to share information on their respective polices, operational practices and lessons learned on the use of explosive weapons in populated areas. That would contribute to informed discussions on this important humanitarian issue, and hopefully to the development of operational guidance by States. Compliance with international humanitarian law provides protection during armed conflict and after the fighting has ended.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  19. If there were better respect for the rules prohibiting direct attacks on civilians and civilian objects and for those prohibiting indiscriminate means and methods of warfare, to take another example, fewer people would be compelled to flee their homes. During displacement, IDPs are often exposed to further abuses and have wide-ranging subsistence needs. Conversely, but equally reprehensible, people are sometimes forcibly prevented from fleeing when they wish to do so. In both situations, it is crucial that parties to the conflict allow and facilitate humanitarian access so that the needs of affected people may be addressed in an impartial manner.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  20. In our daily work, the ICRC and United Nations peacekeepers are confronted with the consequences of the prevailing lack of compliance with international humanitarian law. One of the most widespread and daunting humanitarian problems arising from violations of that law - at least in terms of numbers - is that of internal displacement. That problem not only affects the many millions of internally displaced persons (IDPs) themselves, but also countless host families and resident communities. Better respect for international humanitarian law is key to preventing that problem in the first place and to protecting people who have been displaced and easing their suffering. Humanitarian law, for example, prohibits the displacement of people unless it is necessary for imperative military reasons or for the protection of the civilians themselves.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  21. The United Nations has gone a long way in recent years in further integrating the issue of the protection of civilians into its structural framework. The ICRC is committed to maintaining and further developing its highly constructive dialogue with the United Nations on operational and legal issues related to peacekeeping and to lending its support and expertise in humanitarian law for the training of United Nations peacekeepers, both predeployment and on-site. Professional standards in protection work are of the utmost importance, and in 2013 the ICRC published an updated guide on the issue. Those standards could be used to inform the development and implementation of civilian protection strategies by United Nations peacekeeping missions.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  22. It is of course the general lack of compliance with international humanitarian law by States and non-State armed groups that presents the most critical challenge to the protection of civilians, and that is at the root of the widespread suffering we are witnessing in various situations of conflict today. For my organization, the ICRC, it is a critical aspect of our approach to engage with all parties to a conflict, including non-State armed groups, to remind them of their obligations under international humanitarian law and urge them to comply. Of course, the ICRC's approach is only one among an increasing number of actors - both civilian and military - aiming for the protection of civilians with different mandates and ways of working.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  23. That means that the offer of humanitarian services by a neutral, impartial and independent organization such as the International Committee of the Red Cross cannot be interpreted as a challenge to a State's sovereignty, nor as recognition or support to any party to the conflict, and the offer cannot be refused on that basis. We therefore take this opportunity to reiterate the ICRC's appeal to all State and non-State parties to even the most violent armed conflicts today: respect the provisions of international humanitarian law, including those related to humanitarian access. The survival of countless vulnerable people may depend upon it.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  24. For the ICRC, however, the issue is quite clear: humanitarian access in situations of armed conflict is regulated by international humanitarian law, the rules of which must be respected by all parties to a conflict, both State and non-State. Those rules unambiguously specify that States and other parties to a conflict have the primary responsibility for the safety and well-being of populations in territories under their control. Where the basic needs of the population affected by the armed conflict are not met for whatever reason, the parties must allow and facilitate the rapid and unimpeded passage of humanitarian relief, which is impartial in character and conducted without any adverse distinction, although the parties retain a right of control.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  25. Administrative hurdles and unjustified or arbitrary restrictions and delays often add to the problems. All of those challenges are present in the single most pressing issue facing the ICRC in many contexts, which is to gain greater humanitarian access to people directly affected by violence, to be close to them and to be able to address their needs. Therefore, the protection granted to civilians under international humanitarian law lies at the heart of the ICRC's mandate and mission, and provides a framework for our assistance activities. The issue of humanitarian access can be extremely contentious, as ongoing debates at the highest political levels have shown.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  26. Yet that role is becoming increasingly difficult to fulfil in many of today's most complex and violent crises. There are various reasons for that. The overt politicization of aid and the polarization of States around humanitarian issues are just two reasons, reinforcing the need to clearly distinguish and separate principled humanitarian action from other aid initiatives. The widening gap between humanitarian needs and the ability to deliver an effective response is another reason, as is the decreasing proximity of many humanitarian actors to the people whom they are trying to help. Parties to armed conflicts, including complex webs of armed groups that in many cases do not respect or accept impartial humanitarian actions, present another challenge, as do the ever-present security risks.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  27. In some of the diverse armed conflicts or other situations of Violence in which the ICRC is currently working around the world - and here we are thinking especially of parts of the Middle East and Africa - the humanitarian impact of that violence on entire populations within, but also beyond, national borders is so overwhelming that it almost defies description. When almost every man, woman and child in a particular country has been directly or indirectly affected by violence, the need for decisive actions rather than just words really does become a matter of life or death. While the search for political solutions to a number of seemingly intractable conflicts continues, it is the role of humanitarian organizations such as the ICRC to help alleviate the consequences of the fighting rather than to question its causes.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  28. Mr. Daccord: I am pleased and honoured to brief the Security Council today on a topic that is very central to my organization, the International Committee of the Red Cross (ICRC). On behalf of the ICRC, I would also like to thank Lithuania for the invitation to participate in this meeting. As we meet today and debate the problems and, I hope, possible solutions as to how better to protect civilians caught up in armed conflict, no amount of words alone will adequately convey the scale and depth of suffering of many of those civilians - nor, in all honesty, will our words offer a way to end it.

    2014-02-12 · UN Security Council · Security Council, S/PV.7109 (2014) · source

  29. To avoid unrealistic expectations, it is important to distinguish between physical protection - which humanitarian actors cannot provide - and protection by promoting compliance with the law. In any event, women, men and children in need of protection must truly be at the centre of any action that is undertaken. The challenge of turning words and intentions into concrete, meaningful action is one we all face. That challenge ultimately rests with States and non-State actors, both bound by international humanitarian law. I end by making a sincere plea to them and to the Council to show the necessary political will and good faith to turn legal provisions into reality- to take seriously the obligation to protect civilians. That would be the most meaningful progress of all.

    2010-11-22 · UN Security Council · Security Council, S/PV.6427 (2010) · source

  30. The ICRC approach is only one of many among an increasing number of civilian and military actors, with different mandates, objectives and ways of working. The United Nations has gone a long way in including protection activities in the mandates of its peacekeeping missions and in improving protection for specific groups such as women and children, refugees and internally displaced persons. The ICRC will continue to work for the protection of civilians within the limits of our mandate and expertise, based explicitly on a neutral and independent approach. True consensus on the meaning of protection may be hard to achieve. It is essential to have clarity and transparency on the objectives of different actors, be they civilian or military, and to clearly distinguish between them.

    2010-11-22 · UN Security Council · Security Council, S/PV.6427 (2010) · source

  31. We remind parties of their obligation to protect civilians, and we promote compliance with international humanitarian law. That includes supporting authorities' efforts to incorporate international humanitarian law into national legislation and into army training. It also includes working to clarify or develop international humanitarian law through extensive consultations with States and other stakeholders. At the same time, the ICRC works to address victims' needs - food, water, shelter, other essential items or medical care - tracing missing family members and re-establishing links between them, and ensuring that people in detention are treated well. Protection can facilitate assistance, and vice-versa.

    2010-11-22 · UN Security Council · Security Council, S/PV.6427 (2010) · source

  32. 10-64592 Yet despite, or rather because of, the flagrant violations committed by parties to conflict around the world, the ICRC firmly believes that the relevance and importance of international humanitarian law is reaffirmed, not weakened. That is echoed in the five core challenges in the Secretary-General's reports in 2009 (8/2009/277) and 2010 (S/2010/579) on the protection of civilians. Working to ensure respect for international humanitarian law in situations of armed conflict remains at the heart of our mandate and our missions. For the ICRC, protection and assistance go hand in hand. Our presence on the ground ensures our proximity to the victims. We engage in confidential dialogue with State and non-State actors to uphold the rights of people affected, aiming as much as possible to prevent violations.

    2010-11-22 · UN Security Council · Security Council, S/PV.6427 (2010) · source

  33. So why is the reality on the ground so often dismal compared to the progress in policy and doctrine? The fundamental reason is as obvious as it is challenging. It is the lack of respect for international humanitarian law by State and non-State actors. That, coupled with the prevailing culture of impunity, is the main cause of the human suffering we are witnessing. Various factors compound that challenge. The increase in non-State armed groups in some contexts is one. When armed actors are motivated by crime or banditry, it is harder to talk to them about their obligation to protect civilians. The constant evolution in the means and methods of warfare is another factor. Waging battle in densely populated urban areas, sometimes with highly explosive weapons, is just one example.

    2010-11-22 · UN Security Council · Security Council, S/PV.6427 (2010) · source

  34. The reality is that, in some places, men, women and children are being killed or raped, forced out of their homes, losing all their possessions and living in a state of fear. Hospitals are being bombed and health workers attacked. Beyond the deliberate targeting of civilians, the reality is also the countless numbers of other, often forgotten victims who are equally in need of protection. The reality is that in war people go missing. People have the right to know what happened to their missing relatives. Governments, military authorities and armed groups have an obligation to provide information and assist efforts to put families back together. In addition, the hundreds of thousands of people in prisons or detained in armed conflict must not be forgotten.

    2010-11-22 · UN Security Council · Security Council, S/PV.6427 (2010) · source

  35. Mr. Daccord: I thank you, Sir, for this opportunity to brief the Security Council today. The protection of civilians in armed conflict has been high on the international agenda for the past decade. On one level, progress has been impressive. Never before have there been so many policy statements and resolutions, so much global information and advocacy, and such a proliferation of actors professing to carry out protection work. Sadly, these fine words and good intentions are rarely matched by the reality on the ground. While there may still be diverging views on what protection actually is, there can be little doubt about what happens when there is no protection. This is the reality facing the International Committee of the Red Cross (ICRC) in our daily work in far too many armed conflicts and other situations of violence around the world.

    2010-11-22 · UN Security Council · Security Council, S/PV.6427 (2010) · source