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Council of Delegates 2001: Resolution 9

14-11-2001 Resolution

Involvement of Red Cross and Red Crescent Workers in Proceedings related to Violations of International Humanitarian Law

Council of Delegates of the International Red Cross and Red Crescent Movement, Geneva, Switzerland, 11 - 14 November 2001

The Council of Delegates,

recalling the obligations of States to suppress and repress violations of international humanitarian law,

noting with great satisfaction the current national and international developments for more effective repression of breaches of international humanitarian law,

taking note of the efforts of National Red Cross and Red Crescent Societies (National Societies) in promoting international humanitarian law in their countries and encouraging their governments to adopt appropriate national legislation for the punishment of violations of international humanitarian law,

recalling further the Principles of Neutrality and Impartiality as essential conditions for the fulfilment of the humanitarian mandate of the Movement, especially for the activities of the International Committee of the Red Cross (ICRC),

expressing appreciation for the recognition of the testimonial privilege of the ICRC in the jurisprudence of the International Criminal Tribunal for the former Yugoslavia and in the Draft Rules of Procedure and Evidence of the International Criminal Court,

being aware of the potential dangers for the future work of the Movement if representatives of any of the components are called upon to give evidence in proceedings for the punishment of violations of international humanitarian law,

stressing the great importance of a concerted approach of the components of the Movement on this issue,

 

1. takes note of the work and consultations of National Societies, the International Federation of Red Cross and Red Crescent Societies (International Federation) and the ICRC, regarding the involvement of individual components of the Movement in proceedings for the punishment of violations of international humanitarian law;

2. invites the National Societies, together with the International Federation and the ICRC, to continue their efforts to raise awareness of this issue within the Movement and with relevant public authorities, explaining the potential risk to the humanitarian action of all components of the Red Cross/Red Crescent involvement in proceedings on violations of international humanitarian law;

3. requests the ICRC and the International Federation, together with the National Societies, to develop appropriate briefing on this issue and to elaborate practical measures to introduce the issue into the training of Red Cross/Red Crescent workers and delegates;

4. further invites the National Societies and the International Federation to review and promote standard clauses in the contracts of Red Cross/Crescent workers in order to ensure appropriate actions when asked for co-operation;

5. suggests that National Societies, when their delegates or staff are asked for information obtained during their missions to be used in national or international procedures for the punishment of violations related to crimes under international humanitarian law, inform the International Federation and the ICRC for advice prior to taking further action;

6. encourages States, when ratifying the Statute of the International Criminal Court, not to make the declaration provided for in Article 124 of this Statute;

7. requests the ICRC and the International Federation to report to the 2003 session of the Council of Delegates on the progress made.