Wednesday, June 17, 2015

Ratner & Giladi: The Role of the ICRC in the Enforcement of the Geneva Conventions

Steven R. Ratner (Univ. of Michigan - Law) & Rotem Giladi (Hebrew Univ. of Jerusalem - Law) have posted The Role of the ICRC in the Enforcement of the Geneva Conventions (in The 1949 Geneva Conventions: A Commentary, Andrew Clapham, Paola Gaeta, & Marco Sassoli eds., forthcoming). Here's the abstract:
This paper discusses the role of the International Committee of the Red Cross (ICRC) in the implementation of the Geneva Conventions. It begins with a background on the ICRC, covering its history and structure, international legal status, and its impartiality, neutrality, and independence. It then details the ICRC’s functions under the Geneva Conventions, its methods for fostering compliance with international humanitarian law, and its relations with international criminal courts. The ICRC has repeatedly acted beyond its very limited textual mandate in the Conventions to take on significant responsibilities in their execution. Its unique modus operandi, centered on direct interactions with warring parties, has demonstrated some effectiveness, even as the confidentiality at its centre has proved controversial. Ultimately, the major role played by this unique NGO is evidence of an unwillingness of the Conventions’ parties to create and own a robust enforcement mechanism.