Деятельность Международного Комитета Красного Креста в сфере контроля над обычными вооружениями
Работа посвящена исследованию средств и методов применяемых Международным Комитетом Красного Креста (МККК) в сфере контроля над обычными вооружениями. Несмотря на то, что МККК действительно вовлечен в решение проблемы использования конвенционального оружия, деятельность организации в данной сфере чрезвычайно не изучена, и данная работа призвана закрыть этот пробел.
Деятельность и методы применяемые МККК в сфере контроля над обычными вооружениями подвергаются тщательному анализу, дабы выявить их развитие и эволюцию. Чрезвычайно важно понять как менялись стратегия и тактика, используемые Красным Крестом в течение времени, с момента первого прямого контакта с изучаемой сферой.
Результат работы – выявление методов и средств используемых МККК в сфере конвенционального контроля над вооружениями, а также обнаружение изменений в имплементации организацией данных средств и методов.
Introduction …………………………………………………………………………………………………………………….3
Chapter 1. Role of the International Committee of the Red Cross in conventional weapons control …………………………………………………………………………………………………………………………….9
1.1. A unique player in the field ………………………………………………………………………………….9
1.2. The legal status of the ICRC……………………………………………………………………………….15
1.3. Motives and reasoning of actions ………………………………………………………………………..22
Chapter 2. Creation of legal norms in the field of conventional arms control …………………………27
2.1. Outreaching and raising awareness………………………………………………………………………….28
2.2. Advocating and facilitation of the negotiation processes ……………………………………………38
Chapter 3. Promoting and ensuring arms control restrictions ……………………………………………….48
3.1. Facilitation of adherence to conventional arms control norms…………………………………….48
3.2. Assistance in national implementation of arms control norms…………………………………….55
Conclusion …………………………………………………………………………………………………………………….61 List of sources………………………………………………………………………………………………………………..66 Abbreviations ………………………………………………………………………………………………………………..74
There are many players which operate in arms control and disarmament (ACD). Apart from states, which are the main actors in the sphere, non-governmental entities also interfered in the field. One of such entities is the International Committee of the Red Cross (the ICRC), which has been engaged in arms control and disarmament for more than a century. It has been committing certain activities and actions which framed and shaped the sphere. There is no certain starting point of the engagement in weapons control for the organization. However, it is agreed that the visible actions in the sphere occurred after the First World War1. The ICRC publicly condemned the usage of poisonous gases by belligerents during the conflict2. Later on, the entity continued dealing with the issue of weapons, however, conventional weapons drew the attention of the entity only in the middle of the XX century. And moreover, visible steps in that area started to be undertaken only since the 1970-s. After the 1990-s the scale of involvement of the entity in the field definitely speeded up, and the ICRC became one of the most prominent non-governmental players in conventional arms control.
However, the engagement of the entity with the weapons issue was understudied by the academic community3. Only in the late 1970-s scholars paid attention to the ICRC’s activities in arms control and disarmament. Nevertheless, scholars did not draw the line between the activities of the Red Cross in relation to weapons of mass destruction and conventional weapons. There are a few academic works dedicated to the analysis of the role of the ICRC in weapons control in general, but there are no studies at all that comprehensively investigate activities, methods, tactics, and instruments applied by the entity in conventional weapons control. The approaches of the organization to these two classes of weapons are different, and each of them is needed to be investigated. In existing academic literature, the approach of the ICRC to the weapons of mass destruction received more attention, in comparison with the involvement of the entity in conventional weapons control. Therefore, this study is dedicated to the analysis of methods and activities implemented by the International Committee of the Red Cross in conventional arms control.
Consequently, the aims of this study are to determine what methods and activities the International Committee of the Red Cross undertakes in conventional arms control and how they have evolved after the end of the Cold War.
1 Haug, H. Humanity for all. The international Committee of the Red Cross and red Crescent movement / H. Haug – B: Paul Haupt Publisher, 1993. – P. 60.
2 Statement. The ICRC’s appeal against the use of poisonous gases / International Committee of the Red Cross, 1918. URL: https://www.icrc.org/en/doc/resources/documents/statement/57jnqh.htm
3 Mathur, R. Red Cross interventions in weapons control / R. Mathur – L: Lexington books, 2017. – P. 190. 3
For implementing the aims of the research, the following tasks were set up:
1. To determine the role and the status of the ICRC in conventional arms control and
disarmament;
2. To determine what kind of methods the ICRC implements in conventional weapons
control area;
3. To define what kind of activities the ICRC implements in conventional weapons
control;
4. To compare methods and activities undertaken by the ICRC before the end of the
Cold War and after it;
5. To determine the changes in the methods and activities undertaken by the ICRC after
the Cold War;
The timeline of the study is divided into two periods. The first period is the time
between the 1950-s and the end of the 1980-s. The investigation of the activities of the ICRC during that period helps to determine the origin tactics and strategy of the entity in the field of conventional weapons control and to obtain knowledge about what kind of methods and activities were used before the end of the Cold War and compare them with the approaches undertaken in the 1990-s and later.
The second period is the time after the end of the Cold War, which starts from the 1990-s and continues until the current times. This time period is crucial for the study as it allows to determine activities and methods of the entity implemented in the conventional arms control after the end Cold War and later. Also, it helps to trace the evolution of such methods and activities within this period.
The end of the Cold War is specifically taken as a borderline for this research. Significant changes happened in conventional arms control after the 1990-s. Moreover, the end of the Cold War triggered a tectonic transformation of the system of international relations. The Red Cross as an international humanitarian organization that operates globally reacted to the systemic changes in the international context.
The International Committee of the Red Cross is a unique international humanitarian organization that operates worldwide. The main goal of the entity is to ameliorate the sufferings of the wounded and sick during an armed conflict. Throughout time the aims and tasks of the Red Cross have undergone significant changes. Nowadays, the ICRC is not simply a unit that provides medical aid but also the entity that strives to promote and develop international humanitarian law, ameliorate the sufferings of wounded and sick, and ensure decent conditions for prisoners of war, and tackling with weapons issue. The Red Cross has been evolving and nowadays it is the most significant international humanitarian entity in the world.
The ICRC is unique not only because of its mission, task, and principles but also due to its status in international relations. The entity is sui generis, which means one of its kind. By its features, it simultaneously resembles non – governmental and international organizations. On the one hand, it was founded by private individuals and still is governed by them, However, on the other hand, it holds a mandate on its work by the nation-states, and it possesses an international legal personality. The majority of the international community treats it as an international organization, and it operates as an international organization in many ways. However, still, it remains to be independent of the intervention of third parties. Logically, it is one of its kind, and such status helps the entity fulfill its tasks and goals in the international arena.
For quite a long time, the weapons issue was not attributed to the Red Cross, even though members of the organization proclaimed that the ICRC, right from the creation, was engaged with the weapons problem. The founding father of the entity draw attention to the weapons issue, and some ex and current associates of the entity has ensured that weapons for the ICRC are the sphere of interests. However, only at the beginning of the XX century appeals of the organization concerning weapons problem were visible, even though conventional weapons control was not a part of thorough investigation of the entity until the 1950-s.
1. Agreement between the International Committee of the Red Cross and the Swiss Federal Council / International Review of the Red Cross. – 1993, No 293. – pp. 152-160.
2. Cartagena Action Plan 2010-2014: Ending the Sufferings Caused by Anti-Personnel Mines. Second Review Conference of the States Parties to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction,
2009 / International Committee of the Red Cross, 2009. URL: https://www.icrc.org/en/doc/resources/documents/report/landmines-cartagena-action-plan- 100110.htm
3. Charter of the United Nations / S-f: United Nations. – 24 October 1945. – P. 55.
4. Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague. 18 October
1907 // The Laws of Armed Conflicts. – Martinus Nijhoff Publisher, 1988. – pp. 69-93.
5. Convention on Cluster Munitions / United Nations, Treaty Series. – 2014, No. 2688. – pp. 92 –
114.
6. Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-
Personnel Mines and on their Destruction / United Nations, Treaty Series. – 2002, No. 2056. –
pp. 241 – 252.
7. Draft Article on the Responsibility of International Organizations / Yearbook of the
International Law Commission. – 2011, No.2, II. – pp. 41 – 46.
8. Draft rules for the limitation of the dangers incurred by the civilian population in time of war
/ G: International Committee of the Red Cross. – 1956. – pp. 8- 15.
9. Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field of 12 August 1949 / Final Record of the Diplomatic Conference of
Geneva of 1949. – 1949, vol. I. – pp. 205-224.9h
10.Prosecutor v. Tharcisse Muvunyi, Case No. ICTR-2000-554-T. International Criminal
Tribunal for Rwanda (ICTR). Trial Chamber II. Reasons for the Chamber`s Decision on the Accused`s Motion to Exclude Witness TQ. Decision of 15 July 2005 / International Criminal Tribunal for Rwanda. – 2005. – pp. 1-6.
11. Protocols Additional to the Geneva Conventions of 12 August 1949, 8 June 1977 / G.: the International Committee of the Red Cross. – 2010. – P. 126.
66
12. Reparation for Injuries Suffered in the Service of the United Nations (Advisory Opinion of April 11th 1949). International Court of Justice / Leyden A.W. Sithoff’s Publishing. – 1949. – pp.174 – 189.
13. Rules of Procedure and Evidence / International Criminal Court. – 2005.- P. 93.
14. Trial Chamber Prosecutor v Simic et al. International Criminal Tribunal for the former Yugoslavia (ICTY). Decision on the prosecution motion under rule 73 for a ruling concerning the testimony of a witness. The decision of 27 July 1999 / International Criminal
Tribunal for the former Yugoslavia (ICTY). – 1999. URL:
https://www.icty.org/x/cases/simic/tdec/en/90727EV59549.htm
15. Vienna Convention on the Law of Treaties, 23 May 1969 / United Nations, Treaty Series. –
1980, vol. 1155 – p. 331- 352.
b. Documents of International Organizations
16. Recommendations. Meeting of the Intergovernmental Group of Experts for the Protection of War Victims. Geneva, 23-27 January 1995/ International Review of the Red Cross. – 1995, No. 304. – pp. 33-38.
17. Working Paper. Views and Recommendations for the Fifth Review Conference of the Convention on Certain Conventional Weapons. Submitted by the International Committee of the Red Cross / International Committee of the Red Cross, Geneva. – 2016. – P. 9.
18. Draft Report of the 2019 session of the Group of Governmental Experts on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems // Group of Governmental Experts of the High Contracting Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects. Geneva, March 2019. URL: https://www.unog.ch/80256EDD006B8954/(httpAssets)/5497DF9B01E5D9CFC125845E00 308E44/$file/CCW_GGE.1_2019_CRP .1_Rev2.pdf
c. Documents of the International Committee of the Red Cross
19. Anti-personnel Landmines Friend or Foe? A study of the military use and effectiveness of anti-personnel mines // G: International Committee of the Red Cross, 1996. – P. 100.
20.Report. Autonomous weapon systems. Technical, military and humanitarian aspects // International Committee of the Red Cross. Geneva, March 2014. URL: https://www.icrc.org/en/document/report-icrc-meeting-autonomous-weapon-systems-26-28- march-2014
67
21. Report. International humanitarian law: From law to action, presented by the ICRC, in consultation with the International Federation of Red Cross and Red Crescent Societies, on the follow-up to the International Conference for the Protection of War Victims / International Review of the Red Cross. – 1996, No. 311. – pp. 194-222.
22. Report. Conference of Government Experts on the Use of Certain Conventional Weapons / G: International Committee of the Red Cross, 1975. – P. 111.
23. Report. Conference of Government Experts on the Use of Certain Conventional Weapons/ G: International Committee of the Red Cross, 1976. – P. 240.
24. Final Report. Second Review Conference of the States Parties to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction / Anti-Personnel Mine Ban Convention, 2009. URL: https://www.cartagenasummit.org/
25.National measures to implement international humanitarian law. 25th International Conference of the Red Cross / G. International Committee of the Red Cross, 1986. URL: https://www.icrc.org/en/doc/resources/documents/article/other/57jmd8.htm
26. Statutes of the International Committee of the Red Cross. G: International Committee of the Red Cross – 2017. – P.8.
27. Statutes of the International Red Cross and Red Crescent Movement. Adopted by the 25th International Conference of the Red Cross at Geneva in 1986/ International Committee of the Red Cross. – 1986 – P.32.
28. Report on the work of experts. Weapons that may Cause Unnecessary Suffering or have Indiscriminate Effects. // G: International Committee of the Red Cross. Geneva. – 1973. – p.77.
29. Statement of the International Committee of the Red Cross (ICRC). 5th Conference of States parties to the Arms Trade Treaty. / International Committee of the Red Cross, Geneva, 2019. – P.2.
30. Statement of the International Committee of the Red Cross (ICRC). 6th Conference of States Parties to the Arms Trade Treaty. / International Committee of the Red Cross, Geneva, 2020. – P.2.
31. Statement by Christine Beerli. Arms Trade Treaty: arms and ammunition are not just another form of commercial goods. United Nations Diplomatic Conference on the Arms Trade Treaty. New York. 2-27 July 2012. // International Committee of the Red Cross, 2012. URL: https://www.icrc.org/en/doc/resources/documents/statement/2012/att-arms-availability- statement-2012-07-03.htm
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