Getting Access to the Victims: Role and Activities of the ICRC

Author(s): Jean-Luc Blondel

Source: Journal of Peace Research , Sep., 1987, Vol. 24, No. 3, Special Issue on
Humanitarian Law of Armed Conflict (Sep., 1987), pp. 307-314
Published by: Sage Publications, Ltd.

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 ISSN 0022-3433 Journal of Peace Research, vol. 24, no. 3, 1987

Getting Access to the Victims: Role and Activities

of the ICRC*
JEAN-LUC BLONDEL
Principles and Law Department, International Committee of the Red Cross

In fulfilling its humanitarian obligations, the ICRC is often faced with political, technical
obstacles. Since its foundation in 1863, it has none the less been able gradually to develop i
and assistance activities for the victims of armed conflicts: the wounded and sick in the f
of war, civilians in occupied territories and all those affected by hostilities. For several ye
also visited political detainees, providing strict conditions are met (repeated visits and inte
witnesses, access to all detainees in all places of detention). Moreover, in its large-scale reli
the ICRC insists on being allowed to make on-site assessments of the needs of conflict
carry out all distribution operations itself. It closely monitors the implementation of
humanitarian law, but cannot replace States in settling the political differences underlying

1. The Genesis of the ICRC protection and assistance of the victims of

conflicts and disasters.
The genesis of the International Committee
of the Red Cross (ICRC) is characteristic of
2. Accessit
its development and of all of its activities: to the Victims
was born in a time of war as a result of of
The title a this article implies that access to
private initiative. the victims is not always easy. The obstacles
In a time of war, true, but not as aare political, technical and economic. Since
support
of war. On the contrary, because its foundation in 1863, the ICRC has had to
it works
close to the fighting, it sees and meets the
face numerous and ever-varying difficulties.
victims of war, whom it endeavours This can be illustrated by a few current
to assist
and protect. examples.
The ICRC was established in early 1863 In the Republic of South Africa, where its
to put into effect the measures proposed by presence has been continuous since the end
Henry Dunant in his work A Memory of of 1978, the ICRC continues to make visits
Solferino (1862), namely: (as it has done since 1969) to persons sen-
- to induce all States to create permanent tenced under the state security law. The less
national societies for the relief of the protection available to the persons it
wounded soldiers; assists, the more important it considers its
intervention. It has therefore asked the
- to persuade all States to agree by treaty
to respect the neutrality of army Government
medical for regular access to all persons
personnel. detained under the state of emergency, and
has undertaken negotiations for permission
These two aims were rapidly achieved at to visit persons sentenced for public violence
the time owing to the prevailing goodwill of in connection with the internal disturbances.
States and the sensitization of public opinion By mid-1987, those efforts have not yet been
to the suffering caused by war. It was, how- successful.
ever, but the beginning of a vast movement While the ICRC is not allowed access to
which was to gain increasing momentum all the victims of the unrest in South Africa,
while preserving the essential motivation in other cases it is denied access to entire
which had given birth to it, namely, the countries. Thus, with the exception of two
brief missions carried out in 1980 and 1982,
* The views expressed in this article are personal and
the ICRC has until recently been consistently
do not necessarily reflect the views of the International
Committee of the Red Cross. refused permission to pursue its activities

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308 Jean-Luc Blondel

inside Afghanistan. However, it opened thea disturbances (Israel and the occupied
hospital in Peshawar (June, 1981) and one
territories, Lebanon, the Philippines, El Sal-
in Quetta (July, 1983) where Afghan refu-
vador, etc.) or because it likes to keep con-
gees in Pakistan may receive care. It is
tacts in as many countries as possible in
regions which are calmer but none the less
allowed access, albeit too rarely, to prisoners
held by the Afghan resistance movement, also breed tension (and where its regional
but the activities it is able to carry out delegations
on cover several countries at once,
their behalf fall far short of the protection as
to in New Delhi, Hong Kong, Lagos,
which all the victims of the conflict, whichHarare, Bogota, etc.).
has been going on since 1979, are entitledIt is not unusual for the ICRC to have
under the Conventions. In February 1987, to deal with power changes in countries or
however, the ICRC was allowed to resumeregions beset by conflicts or even revol-
its protection and assistance activitiesutions.
in Thus, the ICRC maintained del-
Kabul itself. egations in Zimbabwe, Iran and Nicaragua
Another obstacle, actually more technical despite the considerable political changes
which recently swept those countries. In
than political, is distance. In order to reach
order to maintain its activities on behalf of
starving civilians or to visit prisoners, long
stretches of rough terrain must often be the persons affected by these changes, the
covered, sometimes even on foot. Some ICRC, for purely humanitarian reasons,
regions can be supplied only by air. Thus, maintains a policy of constant political
relief activities in Angola, southern Sudan,neutrality.
Ethiopia and, in 1979-80, along the border In order to understand the motivation
between Thailand and Kampuchea, requiredbehind that policy, characterized by both
the establishment of vast and complex trans- caring (assistance to victims) and impartiality
portation systems. (political, ideological and religious
These observations bring to mind anotherneutrality), it is helpful to trace its origin.
difficulty, lack of resources. Relief opera-The humanitarian commitment of the ICRC
tions in major emergencies require people stems from a history rife with trials and tribu-
and equipment on a large scale, and arelations. A knowledge of the institution's
therefore very costly. Moreover, emerg-birth and development provides a better
encies go on for ever, or rather, they recur. understanding of today's ICRC and its
Emergency action should be followed by resolve to have access to all the victims of
socio-economic reconstruction and develop-conflicts.
ment work, but this is far from being the rule.
Under the sway of emotion and bolstered by 3. The First Years
public opinion, donor countries or agenciesThe ICRC, comprising at the outset five
generally offer considerable financial and persons belonging to a Genevese circle of
material aid during the first phase of a relief 'philanthropists', saw itself merely as the pro-
operation. Economic problems emerge moter of an idea. At first glance, nothing
later, when public and government interest marked it out for direct intervention in pris-
wanes. The difficulty of financing ICRC oner camps or among the civilian victims of
activities in Africa and in the Middle East combats.' Such work 'in the field' was in fact
provides a good illustration of this point.
not to be systematically undertaken by the
ICRC
It is easier to launch an operation than to until the early 1900s, although the
Committee sent occasional missions to the
maintain it once financial support dimin-
ishes. However, perseverance, tenacity and as early as 1864.
front
continuity are precisely what is required'Relief
in societies' were constituted and, as
the case of assistance to conflict victims. The
of 1872, adopted the red cross as their
ICRC is characterized by activities which
emblem.2 They were to intervene in time of
war and, gradually, also in time of peace.
last. More and more frequently now, it works
in one country for several years, either
The ICRC itself was to remain an institution
because there is no substantial abatement in active primarily in time of armed conflict,

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 Role and Activities of the ICRC 309

which was to make it a special body within namely civilians, who were very poorly pro-
the world of the Red Cross and within the
tected, yet increasingly affected by hostilities
international political community. The
in which they took no part. During the inter-
ICRC is, in fact, a private Swiss institution
war period, the ICRC spared no effort to
whose delegates are exclusively Swiss citi-
enhance the protection of civilians. Unfor-
zens. It is none the less totally independent
tunately, of the proposals made by the ICRC
from the Swiss Government (as it is fromfrom
all 1923 onwards, only the provisions con-
other governments), and all its activities are
cerning prisoners of war were to be adopted
by States, who signed a Convention on the
governed by the strict principle of neutrality
(political, ideological and religious). subject
The in 1929 (Convention Relative to the
Treatment of Prisoners of War). It would
ICRC is international by its field of activity
and its financing which is ensured, fortaketheanother cruel war to bring the States to
most part, by voluntary government con- accept - at least partially - responsibility
tributions (the States signatory to for the the protection of civilians. During the
Geneva Conventions). same period, the ICRC carried out several
relief operations, particularly in the fol-
Although the National Societies rapidly
grew and flourished, often giving rise at lowing
the conflicts:
same time to improved army medical struc-
- The Russian Civil War (1917-1921),
tures, the development of what was later
where ICRC intervention took the form
to be called international humanitarian law
of a large-scale international relief opera-
(IHL) had yet to be undertaken. This prac-
tion on behalf of Russian refugees. This
tical preoccupation was soon to lead the
ICRC to its involvement in the field. was the departure point for a refugee
While the first humanitarian Conventions assistance scheme which engendered the
Office of the High Commissioner for Refu-
concluded in Geneva in 18643 guaranteed gees. The representatives of High Com-
respect for armies in the field - shelter and
missioner Nansen were, for the most part,
care for troops whatever their nationality - ICRC delegates. The ICRC took advan-
no provisions had been made enabling pris-
tage of the infrastructure used to repatri-
oners to communicate with their families or,
ate prisoners at the end of the First World
inversely, for families to receive information
War, and proved particularly useful wher-
about prisoners. It was in response to this
ever a neutral intermediary was
need that the ICRC opened, during the necessary.
Franco-German war in 1870, an Agency for
the Wounded in Armies soon to be followed
- The war between Italy and Ethiopia
(1936), which marked the beginning of
by an Agency for Prisoners of War respon-
ICRC assistance, especially medical, to
sible for the establishment of lists of pris- areas outside Europe.
oners and for the exchange of letters and,
- The Spanish Civil War (1936-1938), dur-
later, packages. To ensure the distribution
ing which the ICRC carried out large-
of relief consignments (then provided by the
scale relief operations to aid civilians
families or by the authorities of the native
while simultaneously engaging in difficult
country of the prisoners of war), the ICRC
activities concerned with prisoners and
sent delegates to prison hospitals and camps.
This initiative was to become a tradition as
hostages on both sides (visits, exchanges).
These operations also demonstrated the
the ICRC undertook an increasing number need to establish humanitarian norms for
of humanitarian activities in the very midst internal conflicts.
of conflicts. It thus organized large-scale
4. The Second World War and the Geneva
assistance operations for prisoners of war
during the First World War (yet still withConventions
no
firm base in any convention!). The relief services set up by the ICRC during
In addition to the wounded in armies and the Spanish Civil War were still functioning
prisoners of war, the ICRC was deeply con- in 1939. They rapidly became the core of
cerned about another category of victims, the relief network in operation during the

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310 Jean-Luc Blondel

Second World War. The legal basis (the pris-

- To send to the parties to the conflict, by
oner-of-war code of 1929) upon which the virtue of its right of initiative, any humani-
ICRC was able to base its activities was in tarian proposal, in situations both of
fact quite limited in that it granted the ICRC international armed conflict (9:I, 9:II,
only the right to establish an Agency for 9:III, 10:IV) and of non-international
Prisoners of War and to take humanitarian armed conflict (common Art. 3), (Sandoz
initiatives. ICRC activities were nevertheless 1979).
considerable: the Agency built up a file con-
The latter point is particularly important to
taining 40 million cards, and it received and
sent more than 50 million communications. the ICRC. Since the Second World War, the
situations of conflict in which it takes action
It ensured the dispatch and distribution of
have evolved considerably. Traditional wars
36 million packages, and its delegates carried
out more than 11,000 visits to placesbetween
of regular armies have been joined
by growing numbers of often lethal internal
detention (ICRC 1948).
conflicts of which civilians are the first
However, the work of the ICRC encoun-
victims. Article 3 common to the four Con-
tered numerous obstacles, even in the
countries which were Parties to the Con- ventions, in itself a 'mini-convention', gives
the ICRC a legal basis, unfortunately not
ventions of 1929.4 Germany thus threatened
always possible to invoke, to offer its services
many times to close off its prisoner-of-war
to help the victims of internal armed
camps to ICRC delegates. Japan availed
conflicts.5 It is on this basis that it works in
itself of every opportunity to hamper the
numerous countries, including El Salvador,
Committee's activities, thereby preventing
Nicaragua,
any real monitoring. Finally and most impor- Angola and Mozambique, to
mention but a few examples.
tantly, owing to the absence of treaty pro-
visions, the ICRC was unable to undertake
5. Visits to 'Political Detainees'
effective action for civilians exterminated in
However, there are other tragic situations
concentration camps or threatened by
in which no conventions exist to support
bombing.
humanitarian action, namely, internal dis-
After the war was over, the Diplomatic turbances and tensions, in which the ICRC
Conference of 1949, which was to adopt what has constantly carried out its activities.
are today known as the Geneva Conventions,
Whereas visits to prisoners of war and civ-
granted a number of specific rights to the ilian internees are based on the Third and
ICRC, particularly:
Fourth Conventions, those to persons detai-
- To visit and interview without witnesses ned in connection with internal disturbances
prisoners of war (126:III) and civilianand tensions - sometimes defined as 'pol-
detainees or internees (76 and 143:IV)itical detainees' - fall outside the scope of
(Arabic numerals refer to the articlethese Conventions and of their additional
quoted; Roman numerals to the Protocols adopted in 1977. They have their
Convention). 'legal' basis in the Statutes of the Interna-
tional Red Cross as approved by an Interna-
- To provide relief to civilians in occupied
territories (59 and 61:IV). tional Conference of the Red Cross. In 1928,
- To trace missing persons and transmit these Statutes recognized the right of the
family messages to prisoners of war ICRC, as a neutral and independent inter-
(123:III) and civilians (140:IV). mediary, to offer its services to States, with-
out being accused of exceeding its
- To offer its services to facilitate the estab-
competence or interfering in matters of
lishment of hospital (23:IV) and safety
(14:IV) zones and localities. national sovereignty.6 However, States have
no obligation to accept the activities of the
- To receive applications for assistance from
persons entitled to protection (30:IV).ICRC and can refuse or put an end to them
- To function, in case of need, as a sub- without breaching the law. This was the case,
stitute for the Protecting Power (10:I,for example, of Greece between 1967 and
10:II, 10:III, 11:IV). 1971.

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 Role and Activities of the ICRC 311

Visits to 'political detainees', which first countries in which economic conditions

took place in Russia in 1918 and in Hungary were already precarious before the out-
in 1919, became regular only after the end break of the conflicts.
of the Second World War.
Since then, the ICRC has visited more
than half a million detainees in 95 countries.
Its visits are governed by the observation 6. Comprehensive Assistance
Modern warfare not only affects its direct
of very strict conditions. Its delegates visit
victims: it has disastrous side-effects on the
places of detention only if they are assured
of being allowed to: civilian population, destroying its fragile
equilibrium, particularly in relation to food
- see all the detainees, register them, andand medical care. The approach to such
talk to them freely (interviews without situations can be no less than comprehensive
witnesses); and requires protection corresponding to the
diversity of needs.
- have access to all the places of detention;
- repeat the visits as necessary. The ICRC has thus undertaken large-scale
relief operations in countries simultaneously
afflicted by armed conflicts and natural
Respect for all these conditions is a pre-
requisite of all ICRC visits.7 disasters.
The visits carried out by the delegates have In recent years, Africa has naturally
a purely humanitarian purpose. Concerned remained the major setting of such large-
scale ICRC activities, partly because of the
with preserving, by its neutrality, the con-
fidence of all, the ICRC does not become extent of its armed conflicts, internal dis-
involved in the political problem at the root
turbances and domestic unrest, and partly
of the disturbances and unrest, nor does because
it of the size of the relief operations
take a stand on the reasons for detention. It which had to be undertaken there, mainly to
is mainly concerned with the material and assist Angola, Uganda and Ethiopia.
psychological conditions of the detaineesIn Ethiopia since 1977, the ICRC has car-
(accommodation, food, family visits, treat- ried out activities arising from the conflict
ment during interrogation and detention), with Somalia over the Ogaden. From 1983,
which it seeks to improve by its activities. however, most of its activities have focused
The ICRC carries out this work discreetly. on assisting the victims of the internal con-
Its reports to the authorities are confidentialflicts in the north of the country (Tigre,
and it does not make public comments on Eritrea,
its northern Wollo and northern
observations. However, if any Government Gondar), whose fate has worsened con-
publishes a partial or inaccurate version siderably
of as a result of the drought.
any of its reports, the ICRC reserves theThe continuation of hostilities and the per-
right to publish the full report. sistence of the drought have increased the
These visits to 'political detainees' con- number of displaced persons in the conflict
stitute a unique activity of this nature at zones. In October 1985, at the height of
the international level. It makes an essential the crisis, the ICRC assisted over 800,000
contribution to the protection of prisoners. persons.
Individuals are particularly ill-protected inBeginning in May 1985, seed has been
the above-mentioned situations, which are distributed along with food, to enable the
covered by the inalienable standards of assisted populations rapidly to achieve self-
human rights but not by IHL. Post-war con- sufficiency and to return home. Beginning
flicts are also characterized by another
late in 1985, owing to a general improvement
dimension which blurs the strict distinction in the situation, the ICRC was able to reduce
the volume of relief distributed.
between 'war' and 'peace'. Within a single
country, fighting goes on alongside areas In recent years, the ICRC has carried out
other long-term food relief operations, par-
where there is peace and where disturbances
and attacks break out only sporadically. Such ticularly in Uganda, Angola, El Salvador,
situations are particularly frequent inNicaragua, the Philippines and Lebanon.

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312 Jean-Luc Blondel

ICRC has had to take this new situation into

The progress of such operations has been
frequently slowed down or hampered by
account and adapt its operational activities,
particularly
security problems and logistic difficulties in in the medical sphere, to the
increasing numbers and new needs of the
addition to the reluctance of certain parties
to allow the ICRC to function according victims.
to
its criteria. In a temporary situation (earthquake,
The importance of conformity with theflood, limited conflict), an emergency opera-
ICRC conditions for visits to detainees has
tion can sustain civilians during a short
already been stated. In the case of relief
period and enable them to weather the crisis,
operations, the ICRC will undertake them albeit at great expense (trucks, aeroplanes,
only providing it has direct access to the
numerous expatriate personnel, etc.).
However, when situations remain uncer-
victims to be assisted, that is, specifically on
condition that it is allowed to: tain, as today on the border between Thai-
land and Kampuchea, in Afghanistan,
- make surveys in the area to determine the
Angola, Ethiopia, etc., the problem can no
urgency of the needs and identify the
longer be approached in the same manner.
categories and numbers of beneficiaries;
Solutions must be found which are less costly
- organize and supervise the distribution of
relief. and better adapted to local needs. Attention
must be given to digging wells, to cultivation,
construction and the use of all local
The need for strict management by a neutral
and impartial agency is clear. Relief dispen- resources, with the aim of rendering th
sed in regions of conflict can become a pol- population self-sufficient as rapidly a
itical gambit if it is diverted to benefit possible.
the
combatants, to the detriment of the victims Once vital needs have been covered for
for whom it is intended. Moreover, the the time being (basic food, medical care and
ICRC is determined to safeguard its inde- shelter), assistance directed towards the
pendence. It is willing to co-ordinate its long-term satisfaction of those needs pro-
activities with those of the responsible auth- vides an excellent opportunity to teach the
orities or other relief agencies, but it refusespopulation notions of hygiene, public health
to subordinate blindly its contribution to aand mother and child care, all of which may
government programme. Such programmesbring beneficial consequences long after the
tend to be conceived to benefit strategic and emergency situation has abated. Such activi-
political interests rather than the people
ties must, however, be undertaken only with
directly affected by the conflict. the full support of the people concerned and
Moreover, as already mentioned, the with all due respect for their traditions and
armed conflicts in which the ICRC takes lifestyles. It is within this wide spectrum of
action no longer resemble traditional aims wars that the ICRC is increasingly active
between armies: these have been superseded today in the face of chronic medical emerg-
by wars in which the distinction between encies, without however embarking on long-
civilians and armed forces has become less term development programmes.
clear. Economic stagnation, the major dis-
ruption of an already unhealthy environment
7. Law, Humanitarian Aid and the
(malnutrition, under-developed health ser-
Settlement of Conflicts
vices), administrative anarchy and socio-
Too many emergency situations drag on,
economic upheaval accompanying today's
however, because the belligerent parties lack
conflicts exacerbate the fate of civilians, far
the sincere will to negotiate solutions con-
more vulnerable than armies, and make hun-
ducive to ending the conflict. A keen
ger and disease often more lethal than
observer of ICRC activities in Thailand
weapons. The vital needs of civilianswrote
are that:
frequently greater in scale than those of the
wounded and prisoners who, in the past,
To the ICRC is seems that today more and more
were the war victims who had priority. The
governments are abjuring compromise and are seek-

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 Role and Activities of the ICRC 313

ing to use its offices and those of other humanitarian Law is meaningful only insofar as it is com-
organizations as a way of postponing, perhaps plied with. The ICRC strives to ensure that
indefinitely, difficult political compromises in favor
compliance both through the dissemination
of continual, uncompromising, ever-encroaching
war (Shawcross 1984, p. 428, see also Rufin 1986). of the law and through the careful moni-
toring of its application in the course of
These considerations, although not alone armed conflicts.
sufficient to challenge all humanitarian
action, merit reflection. They touch upon an NOTES
essential aspect of the humanitarian activity 1. The ICRC staff currently includes over six hundre
of the ICRC, which strives to relieve the employees working in Geneva and about 450 col
suffering of victims by all possible means laborators sent on mission from headquarters, not
without ever sacrificing them to political con- counting some 2,000 employees engaged locally. In
1978, the ICRC had 18 delegations. By late 1986
siderations. One might even ask whether that number had grown to 37, spread across th
the contribution of humanitarian action does world.
not, in alleviating the tragic fate of civilians,
2. During its war against Russia, Turkey, on 16 Nov-
decrease the pressure on governments toember 1876, informed the Swiss Federal Council,
negotiate a political solution to the dif- depository of the Geneva Convention of 1864, that
it had adopted a new emblem, the red crescent.
ferences which oppose them. That suspicion Turkey nevertheless agreed to respect the red cross
should above all arouse the concern of States
emblem displayed by Russian troops. It was not until
and intergovernmental agencies. Neither the 1929 that the red crescent was officially recognized
ICRC nor any of the other numerous non-as having the same protection value as the red cross.
3. Geneva Convention of 22 August 1864for the Ameli-
governmental organizations can resolve theoration of the Conditions of the Wounded in Armies
conflicts that cause the human suffering in the Field. On the development of humanitarian
necessitating their intervention. law, see the article by Jacques Meurant in this issue.
4. It should be recalled that, because the Soviet Union
These observations bring us back to our
had not signed the Convention of 1929, the ICRC
point of departure. The ICRC, striving in was unable to undertake any relief operations on
the midst of conflicts to curb their effects and
behalf of German prisoners of war in Soviet hands
assist their victims, is well aware of the horror or of Soviet prisoners in German camps.
of warfare and has no greater desire than 5. The paragraph concerning ICRC work in Article 3
to see it cease. However, the settlement of reads as follows: 'An impartial humanitarian body,
differences which underlie conflicts remains such as the International Committee of the Red Cross,
may offer its services to the Parties to the conflict'.
a highly political task. In that respect, the
6. The International Conference of the Red Cross
ICRC can at most aspire, by acting as a meets in principle every four years. It brings together
neutral intermediary between the parties to all the delegates of the International Movement of
the Red Cross and Red Crescent (the ICRC, the
the conflict and by helping to maintain some
League of Red Cross and Red Crescent Societies,
humanity in the midst of the fighting, to the National Societies) and representatives of the
foster a climate favourable to negotiations. States Parties to the Geneva Conventions.
The ICRC sees its work above all within The Twenty-Fifth Conference, held in Geneva in
the framework of international humanitarian October 1986, revised the Statutes of the Movement.
Article 5, which concerns the mandate of the ICRC,
law, the full respect of which would already states in particular:
greatly reduce many of the ills of war. A high '(The role of ICRC is) to endeavour at all times -
official of the ICRC said in that respect that: as a neutral institution whose humanitarian work is
carried out particularly in time of international and
The main problem is to ensure compliance with, other armed conflicts or internal strife - to ensure
rather than development of, the existing law. If the the protection of and assistance to military and civilian
States would only observe the rules which have victims of such events and of their direct results'.
already been laid down, 80% of our problems would Further: 'The International Committee may take any
be solved. Observance of the existing body of law is humanitarian initiative which comes within its role as
a more important issue than further development of a specifically neutral and independent institution and
it. Governments and peoples should not be led to intermediary, and may consider any question requir-
believe that more law could be a remedy. What is ing examination by such an institution'.
needed is greater political will to comply with the7. It should be noted that these conditions are anal-
existing norms (Moreillon in: Bedjaoui 1986, pp. ogous to those which the Third Geneva Convention
56-57. Emphasis added.). provides for prisoners of war (Article 126).

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314 Jean-Luc Blondel

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