ICRC Law and Policy
ICRC Humanitarian Law and Policy Blog
The International Committee of the Red Cross (ICRC) Humanitarian Law & Policy blog is a unique space for timely analysis and debate on international humanitarian law (IHL) issues and the policies that shape humanitarian action.
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Episodes
Investing in the laws of war: international humanitarian law and the financial sector 02.08.2023 13:25
The international armed conflict between Russia and Ukraine has revealed a knowledge gap across the global financial sector regarding exposure to armed conflict, reiterating an already pressing need to deepen corporate understanding of international humanitarian law (IHL). Although there is mounting pressure on companies to conduct structured and informed heightened human rights due diligence when...
What we don’t understand about digital risks in armed conflict and what to do about it 26.07.2023 20:54
The deployment and use of new digital technologies in modern conflicts – from information to cyber operations – creates new risks and enables actual risks of harm to civilians’ rights, lives, safety, dignity, and resilience. Understanding these risks is at the core of protection work in the digital age. In this post, ICRC Digital Risk Adviser Joelle Rizk and Digital Risk Researcher Sean Cordey ref...
Towards a disability-inclusive IHL: ICRC views and recommendations 06.07.2023 13:14
As a 2022 global report by the World Health Organization estimates, about 1.3 billion people – or 16% of the world’s population, more than one in six people – have a disability. In armed-conflict affected areas, the number could be even higher, upwards of 18-30%. Beyond every figure, there are personal experiences and potentially lethal risks. In this post, ICRC Senior Legal Adviser Alexander Brei...
Loitering munitions: flagging an urgent need for legally binding rules for AWS 29.06.2023 13:03
Earlier this month, a viral story alleged that a US Air Force simulation took place during which an “AI drone” “attacked” its human operator when they interfered with the targeting objectives set for the drone. The story was later retracted when the US Air Force source clarified that the scenario described had been a “thought experiment”. But “drones” that integrate automated, autonomous and AI te...
Responsible data sharing between humanitarian organizations and donors: towards a common approach 21.06.2023 9:30
Humanitarian organizations are facing increased incentives to collect and share disaggregated data about their operations. At the same time, they must ensure this data is only used for humanitarian purposes and does not cause harm to affected populations. Despite recent progress with sector-wide commitments and frameworks for data responsibility, there is an area in need of more specific guidance:...
Armed conflict in Sudan: a recap of the IHL rules applicable in non-international armed conflicts 15.06.2023 17:56
On 15 April 2023, the world watched the eruption of hostilities in Khartoum, the capital of Sudan, which also spread to other parts of the country, notably Darfur. As in most conflicts fought in urban settings, civilians have been greatly affected by the fighting, in this case between the Sudanese Armed Forces and the Rapid Support Forces. Multiple medical facilities and critical infrastructures h...
Supporting social protection: five considerations for a principled humanitarian approach 08.06.2023 14:22
As humanitarian organizations broaden their mindset from saving lives in emergencies to making a more sustainable impact, they increasingly consider supporting existing social protection systems in order to increase the long‑term impact of their assistance. Doing so could help them complement the activities of development organizations, strengthen local capacities and durably reduce chronic needs...
Harnessing the power of Artificial Intelligence to uncover patterns of violence 25.05.2023 10:14
This month saw the successful conclusion to a year-long collaboration between the ICRC and the Swiss Data Science Centre – a joint venture between Switzerland’s two federal institutes of technology, EPFL[1] and ETHZ[2] – on a research project to track patterns of violence.[3] The collaboration produced an algorithm, developed to reclassify open-source data according to international legal norms an...
War on the coastline: mitigating civilian harm in the littorals 17.05.2023 18:08
With 80 per cent of the world’s population living within 100 kilometers of a coastline, and maritime trade accounting for around 90 per cent of world trade, a significant percentage of world economic and human activity takes place in coastal areas. It is therefore evident that civilians and civilian infrastructure are likely to be affected by war in the littorals, more so than anywhere else in the...
A safety net for prisoners of war: five key principles of the Third Geneva Convention 27.04.2023 12:37
After the Second World War, countries came together to improve the legal protection available to certain categories of persons – including prisoners of war – many of whom had suffered greatly during the conflict. The provisions relating to the protection of prisoners of war are contained in the Third Geneva Convention that was adopted in 1949. The vast majority of the 143 articles of that Conventi...
When the lights go out: the protection of energy infrastructure in armed conflict 20.04.2023 29:34
In armed conflicts across the globe, critical infrastructure enabling the delivery of essential services for the civilian population is subjected to repeated attack, incidental harm and misuse by warring parties, resulting in widespread service disruption. The humanitarian impact of this disturbing trend is immediate and long-term, ranging from mass displacement, hunger and food insecurity, energy...
Detention by non-State armed groups: translating law to practice 31.03.2023 13:57
From the east of the Democratic Republic of the Congo to the north of Syria, from remote areas of Colombia to the Tigray region of Ethiopia: over the past decade, tens of thousands of people have found themselves detained by non-State armed groups. As part of its mandate, the ICRC works in all parts of the world to protect detainees by State and non-State parties to armed conflicts. Conscious of t...
The NSAG handbook: helping non-State armed groups reduce civilian harm during urban warfare 30.03.2023 10:26
Today, more than half of the world’s population lives in urban areas. As the number of people living in cities increases, so does the prevalence of urban warfare, which inevitably entails devastating humanitarian consequences for civilians. In this post, ICRC Adviser Ruben Stewart and ICRC Associate Celia Edeline share some of the key findings of a new report they will launch on the 4th of April 2...
Climate change, environment and humanitarian action in Southeast Asia 28.03.2023 14:41
Worldwide, millions of people are already facing the harsh reality of climate and environmental crises, which act as a risk magnifier and compound the impacts of other global economic, health and food crises. Launched by the International Red Cross and Red Crescent Movement in 2021, the Climate and Environment Charter for Humanitarian Organizations guides the sectoral approach to the increasing ri...
Protecting the innocent, the land, and the body: traditional sources of restraint on landmine use 23.03.2023 14:42
What drives restraint in armed conflict? Recent studies have examined different factors contributing to restraint behaviour, mainly focusing on strategic incentives, such as seeking legitimacy from international audiences or securing support from local communities. In this post, Henrique Garbino, Doctoral Candidate at the Swedish Defence University, and Matthew Bolton, Professor at Pace University...
It’s all relative: the humanitarian principles in historical and legal perspective 16.03.2023 15:26
Humanitarian actors broadly agree on the humanitarian principles’ meanings and their utility in responses to armed conflict and disasters. But this consensus can oversimplify the principles’ origins and legal character. In this post, which is based on a longer article forthcoming in the International Review of the Red Cross, international law professor Marina Sharpe examines how the humanitarian p...
Towards common understandings: the application of established IHL principles to cyber operations 07.03.2023 11:55
Cyber operations have become a reality of today’s armed conflicts, and their use is likely to continue to grow in the future. In light of this trend, the ICRC has long maintained that international humanitarian law (IHL) governs – and limits – any use of cyber operations during armed conflicts. But what does that really mean in practice? In this post, ICRC legal advisers Kubo Mačák and Tilman Rode...
3 lessons on the regulation of AWS to ensure accountability for violations of IHL 02.03.2023 14:12
States have agreed on the principle that machines cannot be held accountable for violations of international humanitarian law (IHL), but how would accountability be ensured in practice? In this post, Vincent Boulanin and Marta Bo from the Stockholm International Peace Research Institute (SIPRI) argue that looking at how responsibility for IHL violations is currently ascribed under international la...
Preventing and eradicating the deadly legacy of explosive remnants of war 23.02.2023 17:41
The deadly legacy of armed conflict continues to claim lives long after the fighting is over. As more and more conflicts take place in population centers, including large towns and cities, so does the grave toll of weapon contamination. Unexploded ordnance hamper movement and agriculture, block access to essential services and life-saving humanitarian assistance, and can reverse socio-economic dev...
War, law and humanity: the role of the ICRC in international armed conflicts 17.02.2023 15:22
The international armed conflict between Russia and Ukraine has seen the involvement of several humanitarian organizations on the ground – including the International Committee of the Red Cross (ICRC) - working hard to alleviate the suffering of those caught up in hostilities. In this post, ICRC Legal Adviser Melina Fidelis takes a closer look at the role of the ICRC during times of international...
Five types of humanitarian influence 07.02.2023 16:29
Humanitarian action involves words as well as deeds, influence as well as operations. Every year presents new influencing challenges for humanitarian diplomats and agency communications teams. With deepening crisis in Afghanistan, Democratic Republic of the Congo, Myanmar and Ukraine, and upcoming global meetings in 2023 on water, climate change, nuclear weapons and the future itself, University o...
‘Back to basics’ with a digital twist: humanitarian principles and dilemmas in the digital age 02.02.2023 19:38
The digital transformation has been a key vector of progress for the humanitarian sector. It is also a source of additional pressure on principled humanitarian action, triggering dilemmas and risks that tend to be understated or overlooked. In this post, ICRC Senior Policy Adviser Pierrick Devidal reflects on some of the challenges and opportunities that digitalization creates for humanitarian org...
Present and engaged: how the ICRC responds to armed conflict and violence in cities 19.01.2023 15:27
How can humanitarian actors better respond to the devastating impact of urban warfare and urban violence? The higher humanitarian stakes in cities – the cumulative impact on large numbers of people and the interconnected systems on which they depend – heighten both the challenges and the importance of putting into practice key hallmarks of effective humanitarian action. In this post, ICRC Policy A...
ICRC engagement with armed groups in 2022 12.01.2023 12:30
In line with its mandate, the ICRC engages with all parties to an armed conflict, including non-State armed groups. The ICRC has a long history of confidential dialogue with armed groups that has achieved tangible results. However, engagement has become increasingly complex. Accordingly, the ICRC undertakes an annual exercise to assess its current relationships with armed groups in order to both i...
The translator is a traitor: translation in humanitarian response 20.12.2022 14:49
Translation has often been regarded as an act of ‘betrayal’, for the impossibility of transferring the exact same messages between different languages. Yet, if seen for what it really is – the road to cross-cultural understanding and communication – translation can be valued for bridging the gaps between human beings. Translation as part of humanitarian response plays a crucial role in identifying...
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