Dialogue with weapon bearers

Maintaining dialogue with armed forces is an integral part of the ICRC’s work throughout the world. The aim is to ensure that armed forces at all levels are aware of and apply international humanitarian law and international human rights law in their operations, and to facilitate humanitarian action for victims of conflict.

Most ICRC staff working in the field interact with military personnel in one way or another, whether at checkpoints, when visiting detainees in barracks or when trying to trace missing persons. In addition, 32 specialist delegates, most of them former officers, are posted in a number of delegations around the world, from where they maintain dialogue with the armed forces of one or more countries in their region of assignment. In the event of an armed conflict or disaster, when coordination issues need to be resolved between military authorities and the Movement, the ICRC can reinforce this specialist presence. All ICRC staff contribute to dialogue with the armed forces, within a unified framework: relations with all arms bearers.

ICRC delegates to the armed forces enable the organization to get to know them better and to maintain contacts with key people at different levels. They also facilitate ICRC operations by familiarizing military circles with its mandate, operating methods and activities, as well as with the applicable legal framework. To this end, they participate in conferences, exercises or briefings prior to the deployment of troops.

Specialist delegates support the efforts of the armed forces to disseminate the rules of international humanitarian law or human rights law, to integrate these rules into military doctrine, training and instruction, and to establish a system of disciplinary and criminal sanctions for violations of the law. They provide support to their ICRC colleagues or engage in direct dialogue with the armed forces on issues relating to the conduct of hostilities or the maintenance of order. Delegates working in the field benefit from the support in their dialogue with the armed forces of a specialised unit at ICRC headquarters: the unit responsible for relations with arms bearers.

It is important for the ICRC to maintain a dialogue with law enforcement officials in armed conflict and other situations of violence, as they are the ones who are responsible for maintaining public order and security and assisting people in need of help. To fulfil their duties, they can use force and firearms, arrest and detain people, and search and seize property. How they exercise these powers can have a major impact on people affected by violence or conflict. 

Engaging in dialogue with law enforcement officials can be challenging, especially in an ever-changing context. Protracted conflicts and unrest often occur in populated areas, putting the civilian population at risk. Military and law enforcement officers find themselves having to carry out law enforcement in armed conflict. Urban violence is also growing in other situations of violence. Recent technologies such as artificial intelligence and autonomous weapons have brought new challenges for commanders who need to ensure that law enforcement operations comply with international human rights law. The ICRC must take into account the complexity of these situations when engaging in dialogue with law enforcement officials and examining how they can exercise their powers in such contexts. 

The work of law enforcement agencies can also affect that of the ICRC. Officers can facilitate or impede the ICRC's access to victims and have a positive or negative impact on our security in situations such as checkpoints, places of detention and violent public disorder. Our aim is to remind law enforcement officials of their obligations under domestic and international law and enhance their understanding and acceptance of the ICRC’s work. 

Law enforcement officers are often the first people contacted by victims of violence, but they can also become victims themselves. Since they represent the state and are extremely visible, they can become targets of public anger during unrest or be attacked by criminal gangs, armed groups or even state armed forces in armed conflict. 

The ICRC has adopted the unique approach of hiring former law enforcement and military officers to discuss legal issues with law enforcement officials. International human rights law usually applies to law enforcement operations, but police forces may also be subject to international humanitarian law during armed conflict if they officially become part of the armed forces or participate in hostilities in some other way. In other situations, military forces may find themselves operating under the rules of human rights law or police officers may continue to be involved in law enforcement during a conflict. In these kinds of cases, the ICRC discusses with officers how they can exercise their powers and discharge their responsibilities towards the population while taking into account the shifts between humanitarian law and international human rights law. 

The work of law enforcement officers is very different from that of soldiers. Their duty is not to neutralize an enemy, but to maintain public order and security and to serve and protect the population – a population that they are also members of as civilians. Officers can work alone or in pairs and they have a certain amount of leeway when deciding how to react to an incident. This must be taken into account in their training and the equipment they are provided with. For example, their equipment must allow them to put in place a graduated response and avoid harming bystanders. Certain weapons used by the armed forces are therefore inappropriate for law enforcement, which requires protective equipment and less lethal weapons. While the ICRC does not supply equipment, we work with partners to highlight areas where additional equipment can help curtail humanitarian concerns. For instance, providing police officers with protective equipment may reduce the need for them to use force. 

The ICRC’s police and gendarmerie delegates engage in dialogue with military, police, and security forces who are involved in law enforcement operations in contexts that can lead to tensions and give rise to humanitarian concerns, such as checkpoints, large-scale demonstrations, disarmament campaigns, and election security. We exchange with law enforcement officials at all levels, from officers working in police stations and barracks to senior officials and commanders. Our role is to remind law enforcement agencies of their responsibilities towards the people affected by their operations. We also promote understanding of the neutral, independent and impartial work that the ICRC carries out to ensure the security of people at risk. 

Our police and gendarmerie delegates are former police officers, which puts them in an ideal position to analyze situations and provide advice to law enforcement officers. The ICRC draws upon their experience to effectively promote the values and norms of human rights and humanitarian laws and help authorities incorporate them in their approach, education, training, equipment and sanctions. Ultimately, the aim is to create an environment that promotes compliance with the basic rules of human rights law in law enforcement.

For the past years, the ICRC estimated that well over 100 million of people live in areas under the full or fluid control of armed groups. Often, they are thus excluded from regular services provided by state-run governance systems, or reside in areas where states and armed groups compete for control. In situations of armed conflict or other situations of violence, people living in these areas are vulnerable and in need of protection and assistance. 

Throughout its history, and across the world, the ICRC, pursuant to its mandate and fundamental principles of neutrality and impartiality, has sought to engage with armed groups, in particular those who are parties to an armed conflict. Today, the ICRC has contact with well over 300 armed groups around the world. The purely humanitarian purpose of such engagement is to secure access to vulnerable populations to provide humanitarian assistance and protection. The dialogue with all weapons bearers, be they State or non-state actors, is a cornerstone of our work as a neutral and impartial humanitarian actor. It includes dialogue on compliance with IHL and other legal frameworks.

In light of the devastation and suffering caused by armed conflicts and other situations of violence, and exacerbated by behaviour contrary to international humanitarian law (IHL) and other bodies of law, our engagement with armed groups is a matter of humanitarian necessity. The history of our engagement with non-State parties to armed conflicts has shown that neutral and confidential engagement with non-State armed groups can achieve tangible results.

The ICRC's right to offer its services does "not affect the legal status of the parties to the conflict", as stated explicitly in Common Article 3 to the Geneva Conventions. From a practical point of view, acceptance of an ICRC offer of services by an armed group can only come about as a result of a dialogue and a relationship of trust.