History and Conduct of the International Committee of the Red Cross (ICRC) in Wars

War, as an undeniable reality and a devastating calamity, has been common among nations and has darkly accompanied mankind throughout history, taking on new forms and appearances over time.

The consequences of war in their diverse dimensions reflect another unavoidable reality that is the subject of various discussions. The impact of war on the economy and investment security, employment activities, the destruction of factories, mines, and refineries, the effects of war on society, the lives of inhabitants, social structure and classes, civilian life, education, women and children, effects related to cultural, artistic, and religious affairs of individuals in the society, and generally poverty, starvation, the demolition of cities and villages, chaos, violations of rights and freedom, murder, showing contempt for the intrinsic human dignity, torture, families torn asunder, displacement, imprisonment and detention, forced labor and drudgery, conscription, war crimes, etc., are only some aspects and facets of this catastrophe and man`s unhealthy way of  thinking for continued survival.

In order to control the struggle for survival, the International Committee of the Red Cross, as a private Swiss institution, has largely embodied the idea of mitigating the effects of war. According to its officials, this institution is constantly striving to create a balance and reconciliation between the concept of "military necessity" and "intrinsic human dignity" and contributes to setting this balance, which is also the goal of humanitarian law, through various methods. The ICRC combines the realities of the international community with individual idealism and always prioritizes benevolence over justice. In fact, it can be said that the occurrence of various armed confrontations, the weaponry competition of states and  governments, the violation of the rules and regulations of international law, and the existence of horizontal governmental structures on the one hand, and the preservation of human dignity and respect for fundamental individual and collective rights on the other, constitute the interface of the two aforementioned different ways of thinking.

History of the Formation of the International Committee of the Red Cross

In 1859 (1238; based on solar calendar), French and Austrian armies engaged in a fierce battle in Solferino, a location in northern Italy, resulting in the loss of six thousand lives and injury of thirty-six thousand people within  a short time. The wounded were dying on the battlefield without anyone to help them. It was indeed a heartrending harrowing scene. Under those circumstances, a young Swiss businessman named Henri Dunant entered the battlefield once the battle was over and witnessed the debris, casualties, and largely vestiges of the war. What he saw deeply affected him. With the help of local people, he organized a rudimentary first-aid or rescue team to help and save the wounded left on the battlefield. Upon returning to his country, inspired by his observations at the Battle of Solferino, Henri Dunant published the book *Memories of Solferino*. In this book, after describing the agony and hardships of the battlefield, he propounded two proposals to reduce the number of casualties and to mitigate sufferings of the victims:

Initially, the establishment of a voluntary relief organization in each country, trained during peacetime to deliver medical services in times of war, was proposed. Furthermore, it was   recommended that governments in all over the world convene in a congress to adopt an inviolable international principle, secured through a legally binding agreement, aimed at establishing a legal framework for the protection of military hospitals and medical personnel.

Subsequent to the publication of this book, the first response to Henri Dunant's philanthropist appeal came from his birthplace, Geneva, on February 7, 1863. At the behest of its president, Gustave Moynier, the Geneva Society of Public Welfare extended an invitation to Henri Dunant to deliberate on his proposal. During the ensuing meeting, on February 9, 1863, following extensive discussions, the decision was made to establish an organization designated as the Permanent International Committee for Aid to the Wounded in War. This committee was later officially rebranded as the International Committee of the Red Cross[1]. Additionally, it was resolved to convene an international conference on October 26th of the same year, which would include representatives from nations that had accepted Henri Dunant's invitation. On that day, a grand congress was held in Geneva, attended by 36 representatives from 16 European nations. It was further agreed that a national committee, akin to the one established in Geneva, would be constituted in each country. Hitherto, the Red Crescent societies and the International Committee of the Red Cross have been established in over 194 countries globally, with the majority being officially recognized as members of the federation, while others are in the process of legal registration.

The Geneva Convention granted the committee many privileges and prerogatives, and generally, the committee oversees the performance of the warring parties in terms of compliance with international humanitarian law. Articles 9, 10, and 11 of the four conventions make the committee not only the reference but also the substitute of governments in fulfilling the duty of ensuring compliance with humanitarian law. Article 126 of the Third Convention and Article 143 of the Fourth Convention grant the committee the right to enter all places of residence of prisoners of war and persons deprived of liberty and to speak freely and without witnesses with them.

Objectives and Policies of the International Committee of the Red Cross

The International Committee of the Red Cross (ICRC), founded in 1863 AD  by Henri Dunant and several of his colleagues, is an independent, non-governmental, private organization, neutral in terms of politics, ideology, and religion, and its motto is "Benevolence in wartime." The ICRC strives to achieve its humanitarian goals in areas such as providing relief, searching for missing persons, protecting and assisting prisoners of war and detained civilians, coordinating with international organizations, promoting respect for humanitarian law, and disseminating and developing these laws.

This committee coordinates and directs the  humanitarian activities in difficult circumstances, plights and conflicts and strives to prevent human suffering by promoting and strengthening humanitarian law and principles. The International Committee of the Red Cross (ICRC) is the founder of the International Red Cross and Red Crescent Movement.

The committee has its own statutes, and its distinctive emblem is a red cross on a white background.

The committee has a maximum of twenty-five members, all of whom are Swiss, based on the statutes. The existence and role of this committee are recognized in the Geneva Conventions, in the resolutions of the International Conferences of the Red Cross and Red Crescent, and in most international forums.

Basic Principles of the International Committee of the Red Cross

Principles Governing the Activities of the International Committee of the Red Cross

It goes without saying that the success of any national or international institution lies in the principles governing its activities. The committee is no exception to this rule, and what has led to the success of this institution in assisting victims of war is the principles governing its activities, which were formulated at the twentieth International Conference of the Red Cross in October 1965 (1344) in Vienna as follows:

a) Humanity: Providing assistance and alleviating human suffering without discrimination in every corner of the world, with the aim of preserving life and health, ensuring respect for humanity, and promoting friendship, cooperation, and lasting peace among the people and nations of the world.

b) Impartiality: From the perspective of the International Committee of the Red Cross (ICRC), the ethnicity, race, political or religious beliefs of individuals play no role in the provision of its services. The urgency of intervention is determined solely by the specific needs of each case.

c) Neutrality:  Since the ICRC has no authority over warring parties, neutrality is a crucial principle for the continuation of its activities.  To maintain the trust of warring parties, the ICRC refrains from taking sides and never involves itself in their political, racial, religious, or ideological disputes.

d) Independence: The ICRC is an independent organization.  While Red Crescent societies and the ICRC are subject to the laws of their respective countries, they must uphold this principle and remain committed to the ICRC's fundamental principles.

e) Voluntary Service: The ICRC provides assistance voluntarily and pursues no other agenda.

f) Unity: Each country can only have one Red Cross or Red Crescent society, accessible to all and operating solely within the territory of that country.

g) Universality: The ICRC is a universal institution where all Red Cross and Red Crescent societies have equal standing and share a common responsibility in assisting one another.

The duties of the International Committee of the Red Cross (ICRC)

as defined in the Statutes of the International Red Cross and Red Crescent Movement and inspired by the ICRC's own Statutes, include:

1. Maintaining and disseminating the fundamental principles of the Movement: humanity, impartiality, neutrality, independence, voluntary service, unity, and universality.

2. Recognizing any newly established National Society (Red Cross or Red Crescent) that effectively meets the conditions for recognition and informing other National Societies accordingly.

3. Undertaking the duties assigned to the ICRC by the Geneva Conventions, such as visiting places of detention of prisoners of war and detained civilians, transporting and distributing relief supplies to them and to inhabitants of occupied territories and other victims; striving for the strict application of international humanitarian law applicable in armed conflicts by the parties involved; and receiving and investigating any complaints regarding violations of these rights.

4. Acting at all times as a neutral institution carrying out its humanitarian activities, particularly during international armed conflicts and other armed conflicts or internal disturbances, in order to protect victims of war and unrest, both military and civilian, and their consequences, and assisting these victims, if necessary, in cooperation and coordination with National Societies and the International Federation of Red Cross and Red Crescent Societies.

5. Ensuring the operation of the central tracing agency for missing persons in accordance with the provisions of the Geneva Conventions.

6- Assisting in the training of healthcare personnel and the provision of medical supplies (during armed conflicts) in cooperation with national societies, military and civilian healthcare services, and relevant authorities.

7-  Working to promote and disseminate international humanitarian law applicable in armed conflicts and facilitating its development.

8-  Carrying out missions assigned to the Committee by the International Conference of the Red Cross and Red Crescent.

Structure of the International Committee of the Red Cross

The International Committee of the Red Cross, based on its statutes, has a specific structure as follows:

General Assembly of the International Committee of the Red Cross: The supreme body for policy-making, supervision, and decision-making of the Committee, meeting approximately eight times a year. The members of the Assembly are the same as the members of the Committee (maximum 25 people), and the President and Vice-President of the Assembly are also the President and Vice-President of the Committee.

Executive Board: Responsible for the overall flow of committee affairs and directly oversees its administration. The board consists of a maximum of seven committee members elected by the General Assembly and meets once a week. The Committee President (President of the Assembly) presides over the Executive Board.

Board of Directors: Responsible for managing the International Committee of the Red Cross (ICRC) based on the decisions and recommendations of the General Assembly, the Executive Board, and the Committee President. The ICRC Board of Directors consists of the Operations Director and the CEO, who also concurrently holds responsibility for general administration and administrative affairs.  Operations management, which is actually the heart of the committee and its most important part, consists of two sections: Operations and the Central Search Agency. In both sections, a specific desk at the committee's headquarters is assigned to each conflict or involved country. The committee's delegations worldwide operate under the supervision of this management. The ICRC's administrative management includes administrative, financial, personnel, training, and computer affairs, while general management includes the principles and regulations (legal affairs, national societies, and archives) and information and media affairs (publication and cooperation, publications, audio-visual, and public relations) sections.

Review of the ICRC's performance

With an analytical look at historical records and evidence, and by summarizing the common aspects of the International Committee of the Red Cross's (ICRC) performance in different times and places, it can be stated that this institution has played its role simultaneously in two specific situations: the diplomatic arena and the battlefield.

1)The Committee's performance in the diplomatic arena: After the Committee's formation in 1863 , the proposal to establish, coordinate, promote, and unite relief societies within each country to assist the wounded, as well as the adoption of a convention to improve their situation, was put forward. With these objectives, the first International Conference of the ICRC was held in Paris in 1867   at the initiative of the Committee. This innovation, continued and solidified with the Berlin Conference of 1869   regarding the establishment of a relief and information office for prisoners of war, and subsequently the Geneva Conferences of 1884 , Vienna 1897 , the Hague Peace Conferences, St. Petersburg, and London.  Following this, the Washington Conference focused on assisting prisoners of war, and the Geneva Conference of 1921 (1300  ) regarding the ICRC's role in civil war led to an expansion of the Committee's intervention. These meetings, held at the initiative and with the active participation of the ICRC, firstly confirmed the continuation of its regular activities and mediating role during its early years. Secondly, they initiated a new chapter in the movement, during which the regulations of the Red Cross and Red Crescent Movement were aligned with the principles and standards of international humanitarian law, and the legal system governing the ICRC was gradually outlined.

Historically, the International Committee of the Red Cross (ICRC) was the leading force of the movement during peacetime in preparing and drafting diplomatic conferences, publishing and promoting humanitarian law, and reforming existing regulations. Eventually, the ICRC's concerns expressed in the aforementioned diplomatic arenas developed in the following areas:

First: The scope of situations in which the ICRC felt it had the authority to intervene expanded from international wars to internal conflicts. For example, the ICRC had its highest level of intervention in non-international armed conflicts during the Spanish Civil War (1936-1939). However, a lack of laws and the inability to provide services to all prisoners were serious challenges for the ICRC in this conflict.  Attempts to have free doctors and nurses, visits to 82 detention centers holding approximately nine thousand prisoners, the exchange of correspondence including over ninety thousand family messages, tracing missing persons, sending relief supplies, and protecting civilians from bombing were among the ICRC's achievements in the interwar period in the context of internal conflicts.

The second point: there was considerable development in relation to the individuals using the services of the International Committee of the Red Cross (ICRC). More precisely, initially, the wounded and sick in land warfare, and subsequently, the casualties of naval warfare, and then those deprived of liberty and prisoners of war were the focus and attention of the ICRC. Support for these groups was tangible and evident during World War I. With the occurrence of more intense wars, especially World War II, the ICRC pursued the protection of civilians, civilian property, and civilian objects. This indicates that the ICRC sought to protect all categories of war victims, not just a specific group.  It should be noted that the ICRC's record in its early stages, due to a lack of financial resources, insufficient legal basis, the absence of binding humanitarian treaties, the lack of a uniform mechanism for each category of victim separately, and the lack of recognition and established position, and its focus on a specific geographical area, particularly Europe, faced the Committee with shortcomings and challenges.

2) The Battlefield; The ICRC's performance at different time periods in the war zone

In its infancy, the International Committee of the Red Cross (ICRC) was not limited to a diplomatic dimension alone, but rather derived its policies from the objective situation and realities on the ground in conflict zones.  The ICRC's performance on the battlefield, from its inception to the beginning of World War I, reveals a behavior based on trial and error, repeated procedures, and some hesitation.  The core of these behaviors includes:

a) Contributing to the implementation of the Geneva Conventions to aid the wounded, by informing the belligerents;

b) Providing assistance to the wounded, sick, and prisoners of war;

c) Assisting in the acceptance of the neutrality of medical personnel and striving to create unity among the nascent ICRC;

d) Establishing international relief agencies as executive arms of the ICRC, such as the agencies in Basel, Trieste, Belgrade, and the Green Cross, which were mainly engaged in collecting supplies, deploying personnel, sending blankets, clothing, and letters, publishing lists of prisoners, and tracing missing soldiers;

e) Gathering information to identify individuals;

f) Forming relief societies in each country;

g) Assessing needs through ICRC representatives in the conflict zone.

Among the challenges and weaknesses of the committee during this period were numerous cases of misuse of regulations and support signs, the lack of a clear policy for addressing complaints of violations, the ambiguous status of wounded soldiers who had fallen into enemy hands, and the ambiguous status of other victims. During this period, the International Committee of the Red Cross sometimes adopted a defensive posture and sometimes made considerable progress in developing its activities.

The record of activities of the International Committee of the Red Cross and Red Crescent Movement in World War I underwent a radical transformation, as the war affected all areas of their work. This period is considered one of the most important periods of development of the International Committee of the Red Cross. The axes of development and challenges of the International Committee of the Red Cross during this period can be summarized as follows:

a)Legal Framework: At the outbreak of World War I, only three important documents existed: the Geneva Convention of 1864 and the conventions of October 18, 1907, concerning the application of the principles of the Geneva Convention to naval warfare and respect for the rules and customs of land warfare. These regulations were very inadequate for the committee's objectives and actions;

b) Support for Prisoners of War: This support included exchanging lists of prisoners' names, creating identification cards, investigating prevailing conditions, tracing missing persons, and sending official documents, letters, parcels, and money. (For example, the International Agency for Prisoners of War, established by the International Committee of the Red Cross during this war, provided information on more than one million cases related to prisoners' families through identification cards.);

c) Visits to prison camps by representatives of the International Committee of the Red Cross: These visits aimed to discuss and exchange views with belligerent governments to improve the conditions of prisoners, prepare objective reports on their situation, and sometimes publish these reports for governments and prisoners' families.

d) Relief Operations: The International Committee of the Red Cross focused on two types of relief shipments: individual parcels sent to specific prisoners and collective/group shipments. Establishing infirmaries, building places for feeding the needy, creating equipped homes for children, disinfecting premises, improving healthcare centers, etc., are examples of these relief operations, the most prominent of which was the operation from March 1919 (1298 AH) to June 1921 (1300 AH) to assist prisoners of war in Siberia and organize their repatriation.

e) Repatriation of prisoners to their home countries during and after the war.

f) Interpretation of humanitarian law regulations and providing guiding principles for use by belligerents.

c) Violation of International Humanitarian Law: Despite the silence of the governing regulations, the International Committee of the Red Cross (ICRC), upon receiving a complaint, would merely forward it to the opposing party, requesting an investigation, and then send the response to the complaining state. Although the scale of the war increased the scope of the ICRC's activities during this period, the committee, due to its nascent nature at that time, was not prepared to deal with such a global war, resulting in setbacks.

The ICRC's Performance During the Interwar Period

During the interwar period, the ICRC, with the experience it had gained, focused its efforts on prohibiting chemical and bacteriological warfare, limiting bombing by establishing hospitals and safe zones and specific locations, supporting air medical personnel, amending the Hague Convention to align the principles of the Geneva Convention with naval warfare, and addressing weaknesses in the governing regulations.  Most of these activities were in the diplomatic arena, but during World War II, the strategic areas of the ICRC and its support actions expanded significantly.  These areas included: supporting wounded and sick soldiers in land and sea wars, prisoners of war, civilians under enemy control, the civilian population, and relief efforts. (Issuing 36 million identity cards, receiving 51 million messages, and sending 61 million letters; 117,000 prisoners; transporting 470,000 tons of relief supplies for prisoners of war and detained civilians; sending and distributing 90 million personal packages; broadened the level of ICRC relief efforts worldwide, with remarkable organization. ICRC representatives also covered more than 16 million kilometers by sea, air, rail, and road. During this time, 11 of its personnel were also killed. In addition, in 1945 (1324 AH), the headquarters staff in Geneva numbered 3921, of whom 2585 were employed by the Central Agency for Prisoners of War.

Even in non-international armed conflicts, the International Committee of the Red Cross (ICRC) attempted to undertake impartial actions.  Its involvement in this area expanded significantly after the Spanish Civil War in 1936.  While the willingness of the warring parties was a driving force behind this expansion, fueled by the ICRC's humanitarian initiatives, failures and setbacks in internal conflicts were more visible and tangible compared to its achievements in international conflicts.  Ultimately, the efforts and experiences of the ICRC led the international community to adopt Common Article 3 in the four Geneva Conventions and Additional Protocol II of 1977.

The legal framework applicable to the ICRC is extensive and diverse

 International conventions on international human rights law; general legal principles and humanitarian law treaties, especially the 1949 Geneva Conventions and the 1977 Protocols; customary international law applicable to armed conflicts; the ICRC's own statutes; specific agreements; headquarters agreements; the domestic laws of Switzerland granting the ICRC authority; UN General Assembly or Security Council resolutions concerning victims; resolutions and decisions of international bodies; and documents related to transport, communications, taxation, and mail—all define the ICRC's legal regime.  However, both historically and currently, one of the ICRC's most significant challenges during any war or conflict has been the lack of regulations and insufficient laws governing its activities.

The compilation of existing customary rules, combined with past experiences and infused with humanitarian innovations, has enabled the International Committee of the Red Cross (ICRC) to codify the rules of international humanitarian law (IHL). Organizing diplomatic conferences and actively participating in the norm-setting or amending existing rules are prime examples of this creativity.  Beyond wounded military personnel in land and sea warfare and prisoners of war, the areas of development and expansion of IHL regulations, centered on the ICRC, after World War II, can be found in the following:

1) Protection of civilians during hostilities: In IHL, this protection has been codified in three ways, and here we examine the ICRC's actions in this regard.

a)Protection of civilians against arbitrary enemy behavior: In this regard, the ICRC's plan for the protection of civilian populations was presented to the 15th ICRC Conference in Tokyo. However, after signing, it was not implemented, and further actions towards the adoption of the Tokyo draft were confronted by World War II. With the adoption of the 1949 Geneva Conventions, in which the ICRC actively participated in drafting and adoption, general protection for all individuals was codified.  Specific protection was also provided for certain groups such as women, children[2], journalists, refugees, displaced persons, and stateless persons[3]. This solidified the ICRC's legal status during relief operations and provided the necessary legal basis for its subsequent actions.

b) Protecting Civilians from the Effects of Hostilities: The International Committee of the Red Cross (ICRC)'s efforts in developing the principles of distinction and proportionality after the adoption of the Geneva Conventions led to the expansion of their applications in the protocols. For example, the protections provided for property and cultural centers, vital centers for civilian life, the natural environment, fortifications and highly dangerous installations, regulations concerning precautionary measures (Articles 57 and 58 of Protocol I of 1977), civilian areas and undefended or open cities (Articles 59 and 60 of Protocol I), civil defense, assistance to civilians, and the prohibition of reprisals against individuals, populations, and civilian centers , all expanded to protect civilians from the effects of hostilities.

c) Developing and Expanding Regulations Related to Non-International Armed Conflicts: The ICRC's preparation and presentation of the draft of Common Article 3 and Protocol II, and assistance in its adoption, is a flexible tool and the best response of international law to internal conflicts and facilitates the ICRC's role without recognizing the legal status of the belligerents.

2) Limiting and Prohibiting the Use of Certain Weapons: The ICRC's practical solutions presented at the diplomatic conference on the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines , adopted in Ottawa, Canada in 1997 (1376 AH), stemmed from the ICRC's experience with the destructive effects of anti-personnel mines.  The effects of biological and chemical weapons on war victims have also been consistently highlighted in ICRC statements and reports. The ICRC's stance on controlling weapons and prohibiting the use of certain weapons of mass destruction seems passive, as its actions in this area are primarily diplomatic rather than on the battlefield. Furthermore, in most cases, it has strengthened its advisory role, limiting itself to recommending to belligerents.

Regarding interpretation, it should be stated that the ICRC's active participation in the preparatory work of diplomatic conferences, the negotiation process in the adoption of documents, and its use of experience in the implementation of rules have made it the best authority to repeatedly clarify the limits, boundaries, and scope of application of the rules and principles of international humanitarian law and their application.  The ICRC's interpretations are multifaceted and may take explicit or implicit forms. Explicit interpretation, particularly in notes and presentations of the Committee's viewpoints to diplomatic conferences or international conferences of the Red Cross and Red Crescent, has been undertaken, and implicit interpretation can be inferred from its behavior. For example, the ICRC's interpretations during World War II regarding the use of the protected emblem were later codified in the four Geneva Conventions of 1949.

Furthermore, the ICRC's interpretative opinions on the provisions of the Geneva Conventions and Protocols have been published in several volumes and are always considered by national and military authorities, legal advisors, and academics.

3) Humanitarian Law Promotion: This encompasses activities aimed at cultivating and establishing humanitarian law among nations.  It can be applied to all actions undertaken by the International Committee of the Red Cross (ICRC) in fulfilling its humanitarian duties to elevate the status and standing of international humanitarian law.  The ICRC considers its target audience and applicable rules, improving awareness through increased knowledge of laws and educational and awareness-raising programs for various groups.

The ICRC's target groups include armed forces and police, youth, and academics. For example, in 2005, in Mexico and Haiti, the ICRC provided training on humanitarian law in military exercises and explained police duties.  The publication of guidebooks and articles, such as *Service and Protection*, *The Laws of War: A Guide for Professional Soldiers*, *Anti-personnel Mines*, *Police and Security Forces*, *First Aid*, *Conduct in War; Rules of Conduct in War and Police and Security Forces*, are noteworthy examples for this group.

4) Conflict Prevention:

From the ICRC's perspective, prevention refers to the set of tools and activities aimed at addressing harmful events or limiting their unpleasant consequences. The ICRC's view is that, firstly, harmful events should be prevented; secondly, their scope should be limited if they occur; and thirdly, steps should be taken to maintain and preserve the minimum harmful effects. Before a conflict arises, the ICRC's role focuses on conducting workshops, training courses, organizing seminars and exhibitions, and issuing reports. During conflicts, the ICRC's preventive measures focus on changing and correcting the wrong behavior of belligerents.  The ICRC believes victims should know how to survive and receive help for their future. In this regard, the ICRC has established organized teams such as nurses, medical personnel, logistics experts, and medical equipment. Family reunification based on the help-support model, victim rehabilitation, and interaction with the Federation of National Red Cross and Red Crescent Societies are among the principles considered by the ICRC for preventive measures after a conflict. For example, in the wars in Somalia, Mozambique, and Eastern Europe, the ICRC paid special attention to these matters, and addressing the basic and vital needs of victims was among the ICRC's priorities.

5) Dissemination and Promotion: Before, during, and after a conflict, the International Committee of the Red Cross (ICRC), in fulfilling its humanitarian duties, disseminates and promotes humanitarian law.  The most important tools for this include mass media (radio, television, newspapers, internet), brochures, books and magazines, translated texts, the use of journalists, and public education.  It appears the ICRC does not have a uniform policy in this regard.

6) Monitoring the Implementation of Humanitarian Law:  In addition to its role in norm-setting, the ICRC acts as a monitoring body overseeing the application of humanitarian law by parties to a conflict, and has played this role in various ways.  The ICRC generally cannot judge the behavior of belligerents, as it is not a judicial body; however, it has broadly outlined guiding principles regarding impartial action and violations in the ICRC's April 1981 journal.  The ICRC generally undertakes disclosure under the following conditions:

a) The violation is widespread and repeated;

b) Confidential actions do not prove effective in ending gross violations;

c) Disclosure benefits individuals and populations who are under attack or threat;

d) Representatives of the International Committee of the Red Cross (ICRC) have witnessed the violation, or a claim of violation has been reported from reliable and trustworthy sources.

The ICRC has, in various instances, considered the confidentiality of its dealings with belligerents as a key tool for continuing its activities, referring to it as a confidence-building measure and an effective communication tool for bringing about change. Conversely, it views disclosure as detrimental to the interests of victims and as likely to halt aid and support, since the relevant government may prevent the continuation of its activities.

Footnote

[1]. International Committee of the Red Cross (English) and Comité international de la Croix-Rouge (French).

[2]. Including Articles 27 of the Fourth Geneva Convention and 76 of the First Protocol, regarding protection against any attack on dignity, outrage, and violation, and the prohibition of the death penalty for pregnant women.

[3]. Such as Articles 14, 17, 23, 24, 38, 50, 51, and 68 of the Fourth Geneva Convention, including protections such as creating safe zones, the transfer and evacuation of civilians, the free passage of goods, the protection of orphaned children, identification and determination of identity, the status of children in occupied territories, etc. Articles 77 and 78 of the First Protocol regarding respect, the prohibition of outrage, care and assistance, transfer conditions, education and training.

See also

•  Red Cross
•  Iraq's imposed war against Iran

Sources

Alamat, Gholamreza, Ali Manuchehri (2019). Documents on the Exchange of Prisoners of War (Imposed War of Iraq against Iran (1980-1988)), Tehran: Foundation for Preservation of the Values and Epic of the Holy Defense in cooperation with the Imam Hossein University Press.

Majid Shah Hosseini