The Red Cross and Peace: Realities and Limits

Author(s): Yves Sandoz

Source: Journal of Peace Research , Sep., 1987, Vol. 24, No. 3, Special Issue on
Humanitarian Law of Armed Conflict (Sep., 1987), pp. 287-296
Published by: Sage Publications, Ltd.

Stable URL: https://www.jstor.org/stable/424368

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

The Red Cross and Peace: Realities and Limits*

YVES SANDOZ
Principles and Law Department, International Committee of the Red Cro

The Red Cross, from the outset, was conceived to relieve victims but not to prevent war
a clear humanitarian requirement - aid to the injured on the battlefield - and the d
but it does not mean indifference to the problem of war in general. The role of the Red
situations, like international humanitarian law which was established by the Red Cross,
understood as a contribution to peace. To humanize war is not to encourage it, but to sp
peace in the midst of war which can contribute towards its conclusion. It is not only dur
at all times that the Movement of the Red Cross and the Red Crescent is endeavour
spread amongst all peoples the spirit of peace and to facilitate understanding and to
the great enemies of war. Universal peace and disarmament are obviously desirable o
however, seem very distant. For these objectives as well as those more precisely con
conflicts, the Red Cross may neither impose its role, nor neglect it. For the latter o
agement and initiatives with regard to international humanitarian law by the Red Cros
towards peace: with regard to the first objectives, they cannot be reached without mutu
which the Red Cross contributes to. However, there is no peace and disarmament wi
the Red Cross must be wise enough not to be involved. In wishing to do too much, the
enter politics and would lose the strength of its message, namely, its universality and it
reasons, and in particular because of its exemplary character as well as its humanitar
action, the Red Cross contributes to peace.

1. Introduction Subsequently Henry Dunant himself made

The Red Cross was originally conceived andit clear on numerous occasions that he was
organized for the purpose of assisting victims vehemently opposed to war.
of armed conflicts, without seeking to avoid The Red Cross has nevertheless been
the conflicts themselves: 'if war is unavoid- reproached with the allegation that, in seek-
able, then it should be waged with as littleing to humanize war, it sanctions man's
barbarity as possible' (Dunant 1862, 1969,moral acceptance of the primacy of force.
p. 120). Or, on the contrary 'the foundation of the
Thus, in its first undertaking, the Red Red Cross and the first Geneva Con-
Cross confined itself to 'the amelioration of vention - bound up inseparably with it -
the condition of the wounded in armies in constituted one of the most powerful
the field', these being the exact terms of the onslaughts made on war since the world
first Geneva Convention of 1864. The Red began' (Pictet 1951, p. 127) and have from
Cross, realistic like its initiator, did not aspire then on prevented it from being considered
to the task of putting an end to war; it merely a 'normal' phenomenon.1
aimed to humanize it by seeking to attenuate One must nevertheless remain aware of
its horrors. Even at this early stage, however, the fact that efforts made to attenuate to
Louis Appia, one of the founders of the some extent the immense suffering caused
movement, wrote: 'Let us openly express by wars do not in any way change the horror
our deep regret and unhappiness at being of war. Indeed, no-one has dared to
unable to do more, and let us protest against maintain, in any specific case, that humani-
the great collective iniquity of war' (Appia tarian Conventions are liable to encourage
1864, p. 144). men to engage in war. Thus, for as long as
wars continue to be fought, no-one can jus-
tify calling upon the people engaged in the
*The views expressed in this article are personal and
Red Cross activities to remain inactive on
do not necessarily reflect the official position of the
International Committee of the Red Cross. the pretext that their humanitarian work

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288 Yves Sandoz

contributes to a less odious image of warthe

byRed Cross remains that of protecting human
reducing its atrocities. beings in the event of conflict and of relieving their
suffering. For the Red Cross, there is no just war
Over the years, the Red Cross has per-
and no unjust war - there are only victims in need
formed an ever-increasing amount of of help. It cannot carry out its task except by virtue
humanitarian work during armed conflicts. of its apolitical character, which it must safeguard
At the same time, however, it has also sought above all else. At the same time, it is through the
faithful execution of its traditional mandate that it
to use the credibility which it has acquired
gains the moral force and credibility without which
through this work during war to fight against
its appeals in favour of peace would have no weight
war and to promote peace. (Pictet 1979, p. 31, in the same spirit, cf. Haug
The end of the First World War saw the 1976).
emergence of a great hope for a universal
and definitive peace; a great many of the
National Societies, which had considerably
Thus, for the Red Cross, working for peace
developed their means of action during the
does not mean participating in controversies
conflict, felt that this potential should be
used to contribute to the maintenance of or political debates. Such activities could
only undermine its source of strength, its
peace through the development of inter-
unity, and its credibility. It is not for the Red
national solidarity. It was in this context that
Cross to make its assistance conditional upon
the League of Red Cross Societies
the legitimacy of recourse to arms, and it
(currently, the League of Red Cross and must Red remain aware of the fact that its role is
Crescent Societies) was established. The cir-
to assist rather than to denounce. Indeed, in
cular announcing the foundation of the
certain specific situations, the organization
League stated that it had been founded to
might jeopardise its ability to provide assist-
implement the principle of moral solidarity ance if it were to issue a formal denunciation.
and mutual aid at the international level,
This is particularly evident if it were to ident-
such principle being a fundamental ideal as
well as a characteristic and universal feature
ify the 'aggressor' in any war situation
of the Red Cross. (Tansley 1975, pp. 35-42).
In summary, the Red Cross has gradually
Action to promote peace is not specifically
laid down in the statutes of the Internationalbecome aware that, in addition to its unques-
Red Cross; however, since the end of the
tionable duty to contribute to a spirit of
peace engendered by its traditional humani-
First World War, the International Con-
tarian work, it must also be constantly avail-
ferences of the Red Cross have passed many
able to contribute to the construction of a
resolutions inviting the movement to under-
lasting peace, whilst clearly defining the
take action to promote peace.
limits which its principles impose upon this
Moreover, on two occasions, in 1975 incontribution.
Belgrade and in 1984 at Aaland and Stock- In this article we shall consider to what
holm, the Red Cross considered its role extent
in the Red Cross makes or can make an
the sphere of work for peace. On these
effective contribution to the maintenance or
occasions it adopted a 'Programme of Action
of the Red Cross as a Factor for Peace' and re-establishment of peace. The discussion
will focus on four aspects:
guidelines, as well as a definition of peace
adopted by the Movement.2 (1) At a very general level, when there is no
When defining its contribution to peace, armed conflict and no specific threat of
however, the Red Cross also had to specify armed conflict. What role can the Red
the limits inherent in the principles which Cross play in spreading and maintaining
enabled the Movement to be established: a spirit of peace in the world, and in
preventing the scourge of war?
There are few causes that are closer to its heart than
(2) When there is threat of armed conflict.
the cause of peace. The Red Cross cannot for all
When hostilities are felt to be imminent
that depart from its principles, and in particular the
and
principle of neutrality, which fixes the limits for its the tension becomes intolerable, can
interventions in this field. The essential mission of the Red Cross intervene and attempt to

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 The Red Cross and Peace 289

find a peaceful settlement to the dispute it does hinder those who want to exacerbate
which has caused the tension? nationalism to enhance the warrior spirit.
(3) During hostilities. In seeking to atten- The first, and perhaps most essential con-
uate the horrors of war, can the Red tribution of the Red Cross to peace is there-
Cross also assist in the re-establishment fore simply to exist as a humanitarian and
of peace? universal movement.
(4) After the armed conflict. The end of A divided Movement would not only lose
hostilities is not tantamount to the re- its impact on international action; it would
establishment of a peace which goes also dash the hope that its existence, which
beyond a mere state of 'non-war'. Can spans frontiers, gives today to the defenders
the Red Cross contribute to the redevel- of peace.
opment of peaceful and fraternal Promoting peace, for the Movement, is
relations between former enemies? thus primarily a matter of defending its unity
and internal cohesion. Since that cohesion is
based above all on the basic principles of the
2. Spreading and Maintaining the SpiritRed
of Cross, only strict observance of those
Peace
principles by all the components of the
The general role of the Red Cross in Movement
fos- permits it to remain in existence.
tering peace is, paradoxically, as obviousBut
as it is just here that we also find the
it is difficult to measure. It is seen most limits on the action of the Red Cross in
clearly through the universality of the Move-
fostering peace, limits imposed above all by
ment, not only in its structures, but also, and
the principle of neutrality. It is unthinkable
above all, in its spirit. There really is a 'Red
that the Red Cross could remain united if,
Cross spirit' spread across the whole world contrary to this principle, some of its com-
by the universal establishment of the Move- ponents were to take sides in a political
ment. This sense of belonging to one and controversy. Let us take two examples: The
the same family, which unites people across Red Cross would certainly wish for the re-
geographical and political frontiers, as per-establishment of peace between Iran and
haps only art, science or sport can bring
Iraq, but it could not accuse one or the other
other people together, is in itself truly
of athese states of being responsible for the
contribution to peace. war. In the same way, the Red Cross is in
It is even more of a contribution than a favour of disarmament but it cannot support
common interest in science, art or sportthe
can particular proposals of the USSR, the
be, for the cohesive agent of this community
United States or any other country, for such
is an ideal consisting of brotherhood proposals
and involve highly specialized tech-
solidarity that is expressed in joint action.
nical knowledge and in particular political
And this 'Red Cross family' is not a utopian
choices, especially those connected with the
image, it is a living reality. In this respect,
security of states.
the main gatherings of the Movement are This self-imposed limitation is not always
clear proof of it: you feel that you are among
easily understood, particularly by the vital
Red Cross people just as much, if not more,strength of the Movement, its young people.
than among fellow countrymen lost in a
A great effort is needed to get over the
distant land. message that it is because of universality that
All this may seem very superficial whenthe work is exemplary, that it is in its action
we are speaking of a problem as serious as
that universality is remarkable and that only
that of peace. But it is essential, for the very
the two together are really a factor of peace.
reason that one of the driving forces of war The contribution of the Movement to the
is the presentation of the enemy as a fun-
spreading of a spirit of peace depends on its
damentally different, alien, anonymous, and
unity, and that unity is possible only through
hostile person. The feeling of belonging self-discipline
to and mutual respect from all its
the Red Cross does not destroy the perfectly
constituent parts; thus it is obviously through
natural feeling of belonging to a nation. But
the operations of the community that the

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290 Yves Sandoz

message of the Red Cross is transmitted. To

spreading a spirit of harmony throughout the
speak of the operations of this community world. We have also mentioned that this
does not mean that each constituent part spirit
acts of peace has probably already helped
in the same way. The ICRC and the League to prevent wars, without being able to say
each have their own well defined tasks. The just where and when. But other than this,
the precise question we can ask ourselves
National Societies have very varied activities
that are adapted to the needs and pecu-
here is: can the Red Cross help to avoid a
liarities of their own national context. war that is about to break out? This really
But respect for the fundamental principles
means, specifically and materially, to prevent
of the Red Cross, and particularly the first
war.

principle - humanity - is, in operations asWe cannot answer that question in all h
esty with an unequivocal yes. Some p
well, a rallying point and a fantastic driving
force for the whole Movement. Helping the would even answer in the negative
weak, the helpless, the victim: that is the perhaps, as a rule, they are right. If a w
aim of the Movement. But you cannot help about to break out, it is the subjec
without caring, and care without dispute that could not be settled by d
understanding. matic means. It may involve, for exam
That is why one of the main roles of territorial
the claim or a question of securit
230 million members of the Red Cross, apart such a context, what role can the Red
from their common humanitarian action, is
play?
to try to understand each other and to create It can certainly appeal once again to the
across the world a vast network of friend- parties in conflict to employ peaceful means
ships. By doing this, they are not making to settle their dispute. The National Societies
of parties about to confront each other can,
peace, but they are helping to spread a spirit
for example, try once again to play a mod-
of peace, and that is probably what the world
needs most urgently. erating role. Mention might be made here of
Is, therefore, the bond that links Red the idea taken up in Resolution XXI of the
Cross people rather unsophisticated? XXIst International Conference of the Red
Perhaps. But it is unique, and it is of such Cross (Istanbul, 1969) of possible contacts,
bonds that the fabric of a real peace will with the agreement of the Governments of
finally be woven. the States concerned, between represen-
The contribution of the Movement to tatives of the National Societies of those
maintaining or developing a spirit of States
peace, and the ICRC to study 'the con-
which is probably its main contributiontribution
to the Red Cross might make to pre-
venting
the cause of peace, is obviously difficult to the conflict'. In practice, such
contacts
assess. Wars happen despite the existence of were indeed possible in certain
the Red Cross. Might it be claimed that
situations, in particular, between the Soci-
others do not happen because it exists?eties of Honduras and Salvador in 1969, Iran
and Iraq in 1971-1972, and the Republic of
War is caused by a collection of factors.
Korea and the People's Democratic Repub-
Of these, the quality of the human relations
maintained between peoples and their lic of Korea from 1971 to 1978.
leaders is certainly crucial. It is equally cer- The ICRC itself, in its role as a neutral
tain that the Red Cross helps to improve the intermediary, can be asked to play a sup-
quality of those relationships. This can be porting role, provided that to do so is con-
said quite honestly without trying to draw sistent with the fundamental principles of the
any hasty conclusions: peace is not a pre- Red Cross. A role of this kind was envisaged,
cision instrument. for example during the 1962 Cuban crisis,
when the ICRC was asked to play a moni-
3. Preventing War toring role on the high seas as part of an
We have seen that it is essentially throughagreement between the USSR and the
its humanitarian work and universality thatUnited States. It accepted the role, since it
the Red Cross contributes to peace by was the only organization approved by both

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 The Red Cross and Peace 291

countries, but in the end was not requestedtheless, it does accept implicitly the existence
to fulfil it because of the conclusion of the
of values that transcend peace of arms; it is
crisis. not strictu sensu a 'pacifist' movement. To
take an obvious example, the Red Cross
While such actions are of more than pass-
ing importance, they should not give risecould
to not, under the pretext of furthering
any illusions. The ability of the Red Crosspeace,
to condemn those who took up arms to
prevent an armed conflict that is about oppose
to Nazism.
break out is minimal. We must recognize, in The attitude of the Movement to dis-
armament is also revealing in this regard.
particular, the limits on the ability of the
Movement - and, more particularly, of the Although it expresses its distress over the
ICRC, which does however play the role accumulation
of of weaponry, particularly
a neutral intermediary at the humanitarian weapons of mass destruction, all over our
level in armed conflicts - to provide good planet, the Red Cross appeals 'to the
offices or act as mediator. How, in fact, can
Governments of all States to pursue their
one take a stance on a territorial dispute negotiations
or in good faith .. .' (Resolution
2 of the 1983 Council of Delegates).
a question of the security of a State without
entering into politics, and even into very It thereby recognizes that it cannot ask
thorny politics? Mediation cannot really Governments
be to disarm unilaterally and that
carried out except by people chosen becausedisarmament must allow States at all stages
of their moral strength or by people who of their evolution to defend their existence
represent the Powers. In the one case, theyand independence, along with the fun-
commit only themselves; in the other, the damental values of which they are - or
should be - the guardians.
Power they represent gives them other assets
in the negotiation (security guarantees, forTo sum up, direct action by the Red Cross
example). to avoid war may be a last try to restart a
Should mediation by the Red Cross fail dialogue, or a technical aid if that is needed.
(even if undertaken by people whose moral It is, however, narrowly limited because the
worth is universally recognized), that would Red Cross cannot really launch into political
probably be harmful to the Movement. But mediation and does not place peace of arms
there is no certainty that a mediation effort above all other values.
will be successful. On the contrary, the
chances of success are often slight. A medi- 4. Contributing to a Reduction or Cessation
ator must therefore be able to take risks, but of Hostilities
the risks that the Red Cross would have to The work of the Red Cross, as we know,
take could be contrary to its principlesstarted
and during armed conflicts. Such work
probably disproportionately so, because during hostilities has developed considerably
they would be putting at stake, along with over
thethe years, both materially and legally.
The maintenance of certain humanitarian
image of neutrality, all of its humanitarian
principles and values in the midst of war,
activities during armed conflicts. This is why
and the
the Red Cross must be very careful with direct humanitarian work of the
ICRC
regard to any requests that may be made to and the National Societies to help
it (Hay 1984, p. 92). victims, undeniably help to calm peoples'
Finally, it should be stressed that the
minds even when a conflict is raging.
Nevertheless, as with the peace-making
Movement has never claimed to place peace
role of the Red Cross in time of peace, an
of arms (absence of war) above all other
values. The peace advocated by the Red
analysis of that role in time of armed conflict
cannot lead to definite conclusions, since
Cross is a true peace, in other words, one
human factors, that are decisive in this
that respects certain values. The Red Cross
context, more than anywhere else, are
has not, it is true, defined the values whose
largely beyond any consideration of the
defence may justify a breach of peace,
because its role is not to enter into a debate situation, however careful the study may be.
It is nonetheless certain that there is a peace-
that is bound to be highly political. Never-

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292 Yves Sandoz

making role, particularly in the contacts

gation is absolute, independent and non-
maintained between the warring sides reciprocal.
at the A breach of humanitarian pro-
humanitarian level and by the care givenvisions
to leaves intact, for States that have
all victims without discrimination. Broadly
not breached them, all of their obligations.
speaking, moreover, the peace-making fac-
Moreover, the formal prohibition of reprisals
tors employed in time of peace apply equally
against protected persons - even to put an
in time of war, although the possibility ofviolations by the other Party against
end to
other protected persons - strengthens the
employing them is often very much lessened.
There is one factor, however, that is absolute nature of the rule.
This respect is also a truly universal
peculiar to times of war and warrants a little
more attention: the application of inter-victory: first, because only six States, not
national humanitarian law. The first and including any great Power, are not yet for-
most obvious contribution of international mally bound by the Geneva Conventions
humanitarian law to peace is the main- and, secondly, because it is generally
tenance of relations based on law between accepted today that the essential rules of
States and other Parties in a situation where international humanitarian law apply to
force otherwise predominates. This accepted States regardless of any contractual com-
discipline in the use of force is essential formitment (international customary law).
the re-establishment of peace. Seen from the standpoint of the role of
This can be seen clearly in the respect international humanitarian law in curtailing
required for all victims and in the principle armed conflicts, this recognition of the value
of non-discrimination, which even imposes of the person seems to us to be an element
the obligation to attend to a wounded enemy of primary importance. In a conflict that is
before attending to a wounded member of prolonged, in fact, the original cause fre-
one's own armed forces if the medical state of quently tends to become obscured and the
the wounded enemy requires that he receives war often finds other causes for its con-
more urgent attention. In this, humanitarian tinuation. The massacre of prisoners of war,
law recognizes, on the one hand, that every-for example, could not only exacerbate or
one is of equal value - which is vital since restart an armed conflict; it might become
too often the aggression of the fighter is more serious grounds for war than those that
fuelled by contempt for the opponent - andstarted the conflict. Once again, this is not a
accepts on the other, that war is an affair case for putting forward figures that it would
between States (or parties) and that the indi-be impossible to prove, but it is clear that
vidual is to be respected once he is no longerhumanitarian law, by avoiding such reasons
an instrument of the opposing force. for animosity, tends to curtail armed
This respect for the person goes a very longconflicts.
way nowadays and may truly be regarded as One may wonder, finally, if the work of
a universally recognized victory of inter- the Red Cross or that of international
national humanitarian law. It goes a longhumanitarian law is able, in certain specific
way in that international humanitarian law situations, to end an armed conflict.
does not make any concessions to the prin- On this point the limits of the Movement
ciple of reciprocity. Although it is normallyare again to be frankly admitted; they are
accepted that breach of a bilateral contractthe same as those mentioned earlier when
by one Party releases the other Party fromwe spoke of the possibilities of preventing
its obligations, an exception to this principlean armed conflict that is about to break out.
is recognized when the provisions concerned There are two additional elements to men-
are 'provisions relating to the protection oftion, however, in the context of an armed
the human person contained in treaties of aconflict: first, the ICRC has to play the role
humanitarian character' (Vienna Conven-of a neutral intermediary for humanitarian
tion on the Law of Treaties Art. 60(5)). problems; second, international humani-
This is true therefore for the Geneva Con- tarian law prescribes that 'whenever cir-
ventions. For Contracting Parties, the obli- cumstances permit, an armistice or a

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 The Red Cross and Peace 293

suspension of fire shall be arranged, or local

of waging war, and the existence, in particu-
arrangements made, to permit the removal, lar, of means capable of devastating vast
exchange and transport of the wounded left areas and even the whole planet, has given
on the battlefield' and for 'the removal or rise to campaigns not against war per se
exchange of the wounded and sick from buta against chemical war, biological war or,
besieged or encircled area, and for the morepass- frequently, nuclear war.
age of medical and religious personnel and Without wishing to go into a political
equipment on their way to that area' (First analysis of such campaigns that would be out
Convention, Article 15, second and third of place in this article, we think it would be
paragraphs). interesting to try to put them in perspective
In the first case, one might imagine that in the context of the work of the Red Cross
the ICRC, which, because of its role as inter- in the cause of peace and international
mediary, maintains the dialogue between thehumanitarian law.
Parties to the conflict on problems relating to We have seen that the message of the
humanitarian law, could also, if the dialogue Movement in the cause of peace does not
develops productively, be asked to com- imply that it places peace of arms (the
municate proposals that could help to resolve absence of war) above all other values. As
the conflict. It is clear, however, that the mentioned above, the Red Cross has never
ICRC, although it may and should add some claimed that States that fought against
dynamism to the dialogue on the applicationNazism should not have done so in the name
of humanitarian law, cannot engage itself inof peace at any price. Can it be claimed that
the same way in the political dialogue and nuclear war, to limit ourselves to that, has a
would not really play, in this regard, any different status in this regard? In other
more than the technical role of com- words, can it be claimed that, in the face of
municating the information. It is astill nuclear
true,threat, there is no choice but to
however, that the quality of the dialogue submit? on
international humanitarian law can certainly That, of course, is a basic problem, but it
help to foster a more extensive dialogue seems obvious
that that the Red Cross could no
could expedite the ending of hostilities, more takeand a position on a question put in
that the ICRC could not refuse those to playtermsa than it could on the question
role in that extended dialogue if the of recourse
partiesto conventional war to defend
concerned agreed to ask it to do so. certain values.
Likewise, we cannot exclude theInpossi- its crucial function of spreading a spirit
bility that the success of a cease-fire of peace,
as pre-the Red Cross tries to create a
scribed by international humanitarian .climatelawthat puts aside the idea of recourse
may relax the atmosphere and facilitate to violenceorand war. If it is unsuccessful, and
even lead to the end of hostilities. A war breaks out, it is a failure at that level,
striking
example of this is the truce negotiated and the answer must then be sought in inter-
through the ICRC during the 1965 revolution national humanitarian law.
in Santo Domingo. That truce, initially In the same way that the Red Cross, in its
intended to allow the work of the Red Cross,
basic attitude to the subject of peace, does
was finally extended, by agreement not condemn all use of force out of hand, it
between
the belligerents, and brought an end to the
refrains, in specific situations, from any value
hostilities. judgment on the origin of the conflict (jus ad
One last problem warrants examination bellum) and concentrates on the application
while we are dealing with the relationship of international humanitarian law (jus in
between international humanitarian law bello). Its message to the fighting parties, the
(and also the attitude of the Red Cross)messageand of international humanitarian law,
peace. That is the problem of weapons ofdo not take sides on the substantive
is: we
mass destruction, particularly nuclear
problem that sets you against each other,
weapons. but we ask both of you to apply certain
The horror of certain contemporary means
humanitarian rules in the way you conduct

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294 Yves Sandoz

hostilities and your treatment of victims.

tant not to conceal those limits, because that
International humanitarian law includes the too, in a very different way, is an appeal for
requirement that civilians as such should not
peace.
be attacked, should be spared as far as poss- In the nuclear age, peace of arms becomes
ible during attacks on military targets, anda crucial factor for survival. But as before,
there can be no peace of arms without real
that parties should even refrain from attacks
that might incidentally wreak upon civilianspeace, which is becoming more indispens-
able. The basic role of the Red Cross in
harm that is disproportionate to the military
advantage expected. spreading a spirit of peace over the world
Is there any room for the use of nuclear thus acquires a new dimension.
weapons? The choice between submission and
Some people claim that there is not, but destruction is an unacceptable one, and
this 'opinio juris' is not shared by all writers, everything must be done to avoid making
and in particular, not by the nuclear Powers, people face it.
some of which have even stated explicitly
that the 1977 Additional Protocols to the5. Re-Establishing the Spirit of Peace
1949 Geneva Conventions do not alter exist-
Any action by the Red Cross to spread and
ing law on the matter. However, most maintain
of a spirit of peace must take up pro-
the provisions of the Protocols intended to
gressively the issue of hostilities. Productive
prohibit or limit certain means or methods
work by the Red Cross during conflicts, and
the faithful application of international
of warfare simply reaffirm such existing rules
as the obligation to distinguish civilians and
humanitarian law, are certainly able to facili-
civilian property from military targets, or tate
to the resumption of friendly contacts
refrain from indiscriminate attacks. In any
between the former warring parties. Both
event, if there is any possibility that nuclear
that work and law continue in different ways
after
weapons can be employed in accordance the hostilities:
with international humanitarian law, that First, operations. Very often, the end of
possibility is bound to be very limited. hostilities leaves countries ravaged. The col-
The aim of this article is not, however, laboration
to of the National Societies and the
decide this delicate issue, which it wouldLeague is often needed to meet the most
anyway be the duty of States to do, in viewurgent needs. The ICRC, for its part, may
still have to deal with the aftermath of the
of the intolerable uncertainty that prevails
on the subject. Our thinking here is more conflict. The presence of the Red Cross in
basic: it seems to us that a threat to use those difficult times, its solicitude and spirit
nuclear weapons cannot be reduced simplyof solidarity, usually greatly appreciated by
to a matter of the interpretation of inter-
those whom they benefit, are favourable fac-
national humanitarian law whose startingtors for the re-establishment of confidence
and a spirit of peace.
point, lest we forget, is to allow humanitarian
action without any major effect on the Secondly,
out- international humanitarian law.
come of the conflict. Certain of its provisions still apply after the
International humanitarian law should cessation of hostilities. This is true, for
thus not create any illusions as to the nuclear
example, for the provisions relating to pris-
threat: those who wage a war despite onersits
of war, which apply until their repatri-
ation - which, incidentally, should take
being banned may be tempted to violate
international humanitarian law, especially place if
without delay (cf. Third Geneva Con-
their survival is at stake. Such law would vention, Article 118).
probably dissolve in any large-scale nuclear Scrupulous observance of such obli-
war. gations, something to which the ICRC
We can see here the limits of international
should contribute, obviously helps to reduce
humanitarian law, despite the value of itstension between the Parties emerging from
rules in the framework of the conflicts that a conflict and may be the prelude to a
resumption of relations on a larger scale.
are taking place nowadays. And it is impor-

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 The Red Cross and Peace 295

Similarly, mention should also be made of law; in so doing they were the first to undermine the
Article 9 of the Protocol on Prohibitions or idea that the state of war is a situation recognised by
international law. In working ever more intensively
Restrictions on the Use of Mines, Booby
to ensure peace, the law of man has finally, as its last
Traps and Other Devices, to the Conventionlogical consequence, banned war' (French original,
of 10 October 1980 on Prohibitions or Huber 1954, pp. 36-37).
Restrictions of the Use of Certain Con- 2. This definition is as follows: 'The Red Cross does
not view peace simply as the absence of war, but
ventional Weapons. That article requires
rather as a dynamic process of cooperation among
inter alia that the parties, after the cessation
all states and peoples; cooperation founded on free-
of active hostilities, conclude an agreement dom, independence, national sovereignty, equality,
'on the provision of information and tech- respect of human rights, as well as a fair and equi-
table distribution of resources to meet the needs of
nical material assistance - including, in
peoples'.
appropriate circumstances, joint opera-
tions - necessary to remove or otherwise
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Pictet, Jean 1967. 'The Red Cross as a Factor in World
the midst of the horrors of combat and by enshrining
Peace', International Review of the Red Cross, no.
their gesture in a treaty, they made it manifestly
clear that recourse to arms is incompatible with80,
theNovember, pp. 571-578.

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Redthe
Pictet, Jean 1979. The Fundamental Principles of Cross (The) and Peace' 1979, pp. 5-17 in The
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