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The importance of respect for international humanitarian law
by Peter Maurer
International Committee of the Red Cross (ICRC)
 
Apr. 2018
 
Speech given by Mr Peter Maurer, President of the ICRC, during the Conference on International Security.
 
I would like to give you an overview of ICRC's analysis of global trends in contemporary battlefields, rooted in its frontline knowledge and engagement with different belligerents; and to highlight two key areas for further dialogue between military-security and humanitarian actors.
 
For more than 150 years, through its neutral and impartial humanitarian action, the ICRC has amassed key insights and experiences as a frontline actor in favour of humanitarian space and as neutral intermediary between belligerents. These insights have informed our legal work, while principles and policies are guiding our practical response in almost all active conflicts.
 
In recent times, we've seen a strong new trend emerging, which defies the distinction between internal and international armed conflict, as articulated in the Geneva Conventions of 1949 and their Additional Protocols: We now see protracted situations of long-term violence continuing to rise with local, regional and global actors involved, with different types of support for partners and allies and opposing, often volatile, coalitions of State and non-state actors.
 
While each conflict has its particular dynamics, it is shocking to see the deep humanitarian impact of such fundamental transformations, which often is accompanied by a blurring of lines between civilians and militaries and an unwillingness and inability to adequately protect those who are not participating in hostilities.
 
Exponential growth of needs, combined with limited response capacities, are leaving millions of people without hope for a dignified life.
 
Over the last two months alone I have visited, amongst other places, ICRC operations in Syria, Iraq, Libya, Sudan and the Central African Republic. What I have seen in these countries is confronting: increasingly fragmented actors; unrestrained strategies in the use of force and an obvious imbalance in pondering military necessities and the protection needs of civilians; easily available weapons as a result of irresponsible transfers to irresponsible actors incapable and unwilling to implement the restraining rules of international humanitarian law; and as a consequence, human suffering, social systems falling apart and massive displacement.
 
Whatever the motives by which present day warfare is legitimized, this cannot be an acceptable result for responsible leadership.
 
The figures give a good indication of the scale of the humanitarian needs of today's world:
 
128 million people are in need of humanitarian assistance and protection worldwide; 65 million are displaced - the highest number since the Second World War; More than 1.5 billion people, including 350 million of the world's extreme poor, live in an environment of continuous fragility, violence and conflict; The annual economic impact of conflict and violence is $14 trillion - or 14% of global GDP.
 
Today's conflicts are increasingly protracted, causing compounding impacts on populations. While the ICRC was created as a humanitarian organisation to respond to emergencies, we find ourselves working for decades in protracted contexts. In our ten largest operations, we have been on the ground for an average of 36 years... and still the wars continue.
 
The urbanisation of warfare is one of the important factors contributing to this bleak picture of suffering. Around the world, it is estimated that some 50 million people suffer the effects of urban conflicts. Cities and urban areas are intrinsically more vulnerable, especially to the use of massive explosive force and more amenable to illegal tactics of human shields.
 
Because of the significant likelihood of indiscriminate effects, we urge all parties to avoid the use of explosive weapons with a wide impact area in densely populated areas and to stop taking the civilian population hostage.
 
The consequences are devastating, not only in the immediate impacts of death, injury but also in the erosion of basic infrastructure like health, water, sanitation, education systems.
 
A sober analysis of our working environment tells us that our mitigating efforts through humanitarian assistance programs will have limited success if we do not make major efforts to shrink the needs through changes of behaviour in the battlefields. This will come first and foremost from respect for the rules of war, in particular the principles of distinction, proportionality and precaution.
 
Now I will turn to two critical areas of response, the dimensions of partnered warfare and of new technologies and cyber warfare.
 
Today no one fights alone. In many of the major conflicts in the Middle East, in Africa and beyond, coalitions pool their resources against common enemies.
 
We see wars that are fought by proxy; through both official and unofficial partnerships. This can create a climate in which political and military stakeholders see themselves freed from the scrutiny of accountability processes. Partnered warfare comes in different forms. Focuses can be on advice, training, equipment, surveillance, intelligence sharing, logistics, combined operations, kinetic support, detention operations and more, depending on circumstances.
 
In light of the global trends of conflict that we are witnessing, it has become increasingly urgent for States to look at how they can better leverage their partnerships and support to ensure civilians are better protected.
 
In partnerships, as in all other cases, the ICRC encourages all States to lead by example: to steadfastly respect their own obligations under international humanitarian law.
 
All States are obliged to ensure respect for IHL by the parties to armed conflicts, by refraining from encouraging or assisting violations of IHL, and by proactively influencing the parties to respect IHL.
 
The ICRC has developed a series of practical recommendations for States supporting parties to an armed conflict. To put it plainly, allied States have a responsibility to make sure their partners are not taking the cheap options.
 
Allied States can take a range of measures to ensure respect for international humanitarian law by their partners, such as: vetting potential partners to ensure they have the capacity and willingness to apply IHL; clarifying roles and responsibilities; and ensuring proper application of the rules governing the conduct of hostilities, detention and protection of civilians.
 
And to make a particular note on the arms trade. Arms transfers are at the highest levels since the end of the Cold War, with a significant proportion going to those fighting in the most brutal of wars. States have a special responsibility and must use their influence to ensure partners respect IHL, and cease transferring weapons, where there is a substantial or clear risk that the weapons would be used to commit IHL violations.
 
I believe there is huge untapped potential for States to positively use their influence over those they partner with or support. I have seen the positive impact when allied States do take such steps and measures and I encourage all States to examine their responsibilities and actions. Indeed, we look forward to constructively furthering this discussion with States over the coming year.
 
In today's world, while major conflicts are happening in the physical world with kinetic power, we can't ignore the new battlefields. New technologies are rapidly giving rise to unprecedented methods of warfare.
 
Innovations that yesterday were science fiction could cause catastrophe tomorrow, including fully autonomous combat robots and laser weapons. Cyber-attacks are a growing issue of concern because of their potential for serious humanitarian consequences.
 
The ICRC is urging States to look at the humanitarian impact of conflict in the virtual world and to uphold the protections afforded by the law.
 
In the ICRC's view, it is clear that the general rules of international humanitarian law apply to and restrict the use of cyber capabilities as means and methods of warfare during armed conflicts. IHL prohibits cyber-attacks against civilian objects or networks, and prohibits indiscriminate and disproportionate cyber-attacks.
 
At the same time ICRC is raising critical questions such as : What is a security incident versus an act of war? How can cyber-attacks distinguish between civilian objects and military objectives? How to assess their proportionality? And what are States views on these questions?
 
The interconnectedness of military and civilian networks poses a significant practical and legal challenge in terms of protecting civilians from the dangers of cyber warfare. These challenges must be addressed. They also underscore the importance for States that develop or acquire cyber warfare capabilities - whether for offensive or defensive purposes - to assess their lawfulness under international humanitarian law.
 
To be clear, by asserting that IHL applies to cyber means and methods of warfare, the ICRC is not condoning cyber warfare or the militarization of cyberspace. Any resort to force by a State, whether physical or through cyberspace, remains constrained by the UN Charter.
 
The point is that - beyond the requirements of the UN Charter - IHL further restricts the use of cyber capabilities during armed conflicts.
 
I have focused my address today on the critical importance of international humanitarian law to prevent and mitigate the impacts of war. As seen in our recent history, when the law is respected, the cycle of violence can be broken, the impact of war contained and the foundations built for future peace and security, and much needed political solutions.
 
International humanitarian law is an inherently practical tool. It can shape behavior and influence those bound by it to exercise restraint. Each of its rules contains a balance between humanity and military necessity, allowing armies to exercise common decency. The law provides a basis, a shared language, for warring parties to eventually come to the table, and find common ground.
 
In today's world where protracted, urban wars are the norm, when brutal conflicts are causing untold human suffering, we must use the tools at our disposal to break the cycle of violence and instability, and we must start work today. http://bit.ly/2v2v5M6
 
http://www.icrc.org/eng/war-and-law/protected-persons/civilians/overview-civilians-protected.htm http://guide-humanitarian-law.org/content/article/3/civilians/ http://guide-humanitarian-law.org/content/index/ http://www.ohchr.org/EN/ProfessionalInterest/Pages/ProtectionOfCivilianPersons.aspx http://ihl-databases.icrc.org/applic/ihl/ihl.nsf/vwTreaties1949.xsp http://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul http://www.un.org/en/genocideprevention/ http://www.safeguardinghealth.org/ http://www.protectingeducation.org/
 
* Agenda for Humanity: Respect the Rules of War: http://bit.ly/2EiXwpt
 
* Report of the UN Secretary-General on the protection of civilians in armed conflict: http://bit.ly/2q9Dk6x


Visit the related web page
 


2019 will mark 40 years of conflict in Afghanistan
by NRC, IRIN News, Unicef, agencies
Afghanistan
 
Dec. 2018
 
Conflict and drought are leading to increased needs in 2019. (OCHA)
 
The recently published Humanitarian Response Plan (HRP) and Humanitarian Needs Overview (HNO) acknowledge that both conflict and drought have been negative disrupters to life in Afghanistan, and are significant drivers (though not the only ones), of the current scenarios being enacted in the country. Today there are 6.3 million people in need of humanitarian and protection support.
 
According to the latest HRP (which is seeking US$612m in funding), the first nine months of 2018 saw a 46 per cent increase in the number of civilian casualties from suicide attacks; a 39 per cent increase in the number of civilian casualties from airstrikes; and a 153 per cent increase in the number of aid workers killed and injured compared to the same period in 2017. Health partners report that 85,477 trauma-related consultations took place between January and September 2018. Amputations and disabilities are becoming a prevalent concern, with humanitarian partners providing most of the care services.
 
Meanwhile, the 2018 drought has affected more than two-thirds of Afghans. It has reduced incomes by half, caused serious health issues and prompted negative coping mechanisms. About 13.5 million Afghans face significant (crisis) levels of food insecurity (six million more than last year) while 3.6 million of those people are at an emergency level of food insecurity. In addition, contingencies should be put in place to cope with a potentially destructive El Nino, especially in the north.
 
http://www.ipcinfo.org/ipc-country-analysis/details-map/en/c/1151733/ http://reliefweb.int/report/afghanistan/afghanistan-humanitarian-bulletin-issue-79-1-october-31-december-2018
 
Nov. 2018
 
Situation for children in Afghanistan 'dire' with violence and bloodshed a daily occurrence warns UNICEF Chief of Communication in Afghanistan.
 
2019 will mark 40 years of conflict in Afghanistan - four decades that have left a terrible impact on the country's children. This year, 2018, has been especially challenging: a spike in violence, unprecedented levels of drought and food insecurity, increased poverty and fledgeling social service systems are taking a disproportionate toll on children. Today some 6 million people need humanitarian assistance, over half of whom are children. Over 3 million children are out of school 60 per cent of whom are girls. Severe acute malnutrition among children is among the highest globally with at least half a million children affected. Immunisation coverage is only 46 per cent and in some districts, as low as 8%.
 
And it is getting worse. Children are paying the price in terms of the impact on their education, health, mental and physical well-being, their lives and future.
 
Violence and bloodshed are a daily occurrence. A father told me that when he asked his four-year-old son what he would like him to bring home from work, the child did not ask for ice cream, chocolate, toys or games - just that he wanted him to come back home safely. That has become the greatest wish of every family and child today in Afghanistan.
 
At least 5,000 children have been killed or maimed within the first three quarters of 2018, equal to all of 2017. Additionally, increasing insecurity and a significant rise in school attacks puts almost two decades of progress at risk for Afghan children. 181 schools were attacked between January and September 2018, more than double the 82 schools attacked during the same period in 2017.
 
Over 1,200 schools are closed due to insecurity, meaning close to 600,000 students have been deprived of their rights to education.
 
The situation is exacerbated by what has been described as the worst drought in decades with at least 2 million people affected, over half of whom are children.
 
The drought has sadly exacerbated the practice of child marriage affecting children from drought-affected population in Badghis and Herat provinces. The key drivers of child marriage are the loss of assets and livestock, resulting in even heavier family debts. Some families have been forced to make a tough choice between subjecting the entire family to starvation or giving up one or more children into marriage and/or servitude to the creditors.
 
Furthermore, the number of children suffering severe acute malnutrition levels is expected to hit the 600,000 mark by the end of the year.
 
The situation for children is dire and the needs are huge. Right now, funds are urgently needed to meet live-saving interventions especially water, education and child protection.
 
As leaders converge in Geneva for the Conference on Afghanistan we once again make an urgent plea for an end to violence. UNICEF calls on all parties to the conflict to adhere to and respect humanitarian principles, ensure the safety and protection of all children and guarantee their access to quality basic services. We owe it to them. Children must never pay the price with their lives, health, education and future.
 
http://www.unicef.org/afghanistan/
 
Real commitment to reducing civilian suffering needed from all warring parties says Peter Maurer, President of the International Committee of the Red Cross (ICRC):
 
'Relentless, high-casualty attacks in Afghanistan are beating down Afghans' morale. Civilian casualties in this country have risen for eight years in a row, with violence in 2018 killing a record number of ordinary citizens in the first six months.
 
Decades of conflict have bedeviled Afghanistan, but during the last two years we've seen a worrying change: military operations conducted near populated areas. Rising attacks on health facilities and workers 54 in the first half of 2018, a pace that will surpass 2017's numbers - have led to a rise in diarrheal disease, polio, measles and malnutrition. Hunger is intensifying: More than 3.4 million people are estimated to be in severe need of food.
 
This is what happens decades into a conflict. Successive generations suffer. Business and education are interrupted. A family becomes injured or sick but can't seek out medical care because nearby clinics have closed and it's too far, dangerous or expensive to travel to another one. Uncertainty grows day by day.
 
With the goal of reducing the suffering of the civilian population, the International Committee of the Red Cross seeks support for its neutral and impartial humanitarian work from all sides of the conflict. This week I met with President Ashraf Ghani to talk about humanitarian initiatives that can have a positive impact on the people of Afghanistan.
 
If peace and prosperity are to make the jump from a UN conference room rallying cry to real life in Afghanistan, there must be a real commitment on all sides to not attack civilians, including health workers. We remain hopeful the day approaches that civilian suffering in Afghanistan diminishes; today that remains a distant dream.
 
June 2018
 
Afghans fleeing conflict face worsening hunger. (NRC)
 
Drought has affected two out of three provinces in Afghanistan, with displaced families in the North and West regions particularly at risk. "We are concerned that the poorest cohort of Afghan society, particularly those already displaced by conflict, will be worst affected. Displaced people affected by the drought are prevented from reaching markets and aid due to the ongoing armed conflict, said Christopher Nyamandi, the Norwegian Refugee Council's (NRC) country director in Afghanistan.
 
Over two million people in Afghanistan are expected to become severely food insecure in the coming months and are in urgent need of humanitarian assistance in order to survive, according to the United Nations. Afghanistan: Humanitarian Response Plan (2018 - 2021) - Revised Financial Requirements due to Drought (May 2018) The North and West regions are estimated to be particularly at risk due to lack of snow and rainfall leading to dried up water points.
 
"Rivers and water points started drying up and we couldn't find any grass. Last month we had to sell all our sheep and goats for 80 to 90 per cent less than what they are worth, and we fled to Qala-i-naw. Those with more money to pay went to Herat, but we couldn't afford the travel so we stayed in Badghis. Even here, we don't have water to drink or food to eat. The weather is hot and there is no roof over our heads. Our children are suffering under the sunlight and there is no one to help us," displaced Abdul Salaam Babi, 35, told NRC staff. He is originally from Muqur district in Badghis province.
 
In a survey Escaping War: Where to next? The Challenges of IDP Protection in Afghanistanconducted by NRC in January, one in two displaced Afghans said they could not adequately feed their families, and were often skipping meals. This is an increase from one in three in 2012. Regional differences are stark - with one in four respondents in conflict -affected Kandahar and Nangahar provinces saying they had suffered hunger over the past year, compared with one in six in Kabul.
 
In hard-to-reach Badghis Province in the northwest of the country, the most food insecure province in the country, NRC is currently assisting Afghans fleeing from fighting in Qadis District to the provincial centre. Over half of the displaced had no food stocks, and the rest had less food than to last them for a full week. 86 per cent of these displaced households had below borderline food consumption scores, with three quarters borrowing food, two thirds going into mounting debts, and a third eating smaller portions and fewer meals. One in four had restricted their own eating so that small children could eat. Prices of basic staples of wheat flour and rice have begun to climb by about 20 per cent, according to a new assessment conducted over the last weeks by NRC.
 
"The humanitarian crisis is not only a consequence of the severe drought, it is also a sad result of man-made factors. An under-developed irrigation system and the weakening economy is hitting ordinary families hard. But it is the ongoing and worsening conflict that is compounding these factors and bearing such a heavy cost on civilians," said Nyamandi. "There must be an increased level of humanitarian funding and the international community must sustain the support to ensure the needs of vulnerable Afghans continue to be met".
 
More than one million Afghans have been newly displaced by conflict in the past two years alone - a threefold increase in less than five years.
 
http://reliefweb.int/report/afghanistan/afghans-fleeing-conflict-face-worsening-hunger
 
May 2018
 
No One Should See Such a Day - Rising Civilian Deaths in Afghanistan a report from Human Rights Watch
 
Bloodied faces. Mangled metal. Lifeless, unidentified victims being piled into ambulances. These terrible images of suicide attacks in Afghanistan have become all too familiar. Barely a week goes by without news of another atrocity, scenes of death and destruction, and grim reports of overwhelmed hospitals and a rising civilian death toll. But once the news cycle moves on, what next? How do survivors and grieving families cope? A new report on insurgent attacks on civilians in Afghanistan, 'No Safe Place', shows what it's like for those directly affected by the country's armed conflict.
 
http://www.hrw.org/news/2018/05/08/no-one-should-see-such-day http://www.hrw.org/news/2018/09/14/civilians-are-losing-war-afghanistan http://www.irinnews.org/photo-feature/2018/06/11/day-life-kabul-emergency-room http://en.emergency.it/press-releases/ http://www.nrc.no/news/2018/february/7-things-you-should-know-about-the-crisis-in-afghanistan/ http://reliefweb.int/country/afg


 

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