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The International Committee of the Red Cross and its Mandate to Protect and Assist: Law and Practice

The International Committee of the Red Cross and its Mandate to Protect and Assist: Law and Practice

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509908172
  • 出版时间 August 2017
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509935727
AU$213.75
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  • 描述 
  • 大纲 
  • 详细

    The purpose of this book is to consider the legality of the changing practice of the International Committee of the Red Cross (ICRC). It provides extensive legal analysis of the ICRC as an organisation, legal person, and humanitarian actor.

    It draws on the law of organisations, International Humanitarian Law, International Human Rights Law, and other relevant branches of international law in order to critically assess the mandate and practice of the ICRC on the ground. The book also draws on more abstract human-centric concepts, including sovereignty as responsibility and human security in order to assess the development of the concept of humanity for the mandate and practice of the ICRC.

    Critically this book uses qualitative interviews with ICRC delegates to test the theoretical and doctrinal conclusions. The book provides a unique insight into the work of the ICRC. It also includes a case study of the work of the ICRC in the Democratic Republic of Congo.

    Ultimately the book concludes that the ICRC is no longer restricted to the provision of humanitarian assistance on the battlefield. It is increasingly drawn into long-term and very complicated conflicts, in which, civilians, soldiers, and non-State actors mingle together. In order to remain useful for the people on the ground the ICRC is progressively developing its mandate.

    This book questions whether, on occasion, this could ever threaten its promise to remain neutral, impartial and independent. Finally, however, it should be said that this author finds that the work of the ICRC is unparalleled on the international stage and its humanitarian mandate is a vital component for those embroiled in the undertaking and recovery from conflict.

  • 1. The Governance of the International Red Cross and Red Crescent Movement
    I. The Statutes of the IRCRCM
    II. The Governing Bodies of the IRCRCM
    III. The Components of the IRCRCM
    IV. Conclusion

    2. The Legal Nature and International Legal Personality of the ICRC
    I. Introduction
    II. What Kind of Organisation is the ICRC?
    III. International Legal Personality
    IV. Conclusion

    3. The ICRC and International Law in Armed Conflict and other Situations of Violence
    I. Introduction
    II. The Normative and Legal Development of the Laws of War
    III. International Human Rights Law in Armed Conflict
    IV. Conclusion

    4. Humanity as a Core Principle of the Red Cross and Red Crescent Movement
    I. Introduction
    II. Humanity
    III. History of the Principle of Humanity
    IV. The IRCRCM Defi nition of Humanity
    V. Judicial Interpretations of Humanity
    VI. Neutrality and Independence
    VII. Conclusion

    5. New Humanitarian Horizons for the ICRC
    I. Introduction
    II. Sovereignty as Responsibility
    III. Human Security
    IV. The Relationship between Human Security, International Human Rights Law and International Humanitarian Law
    V. Conclusion

    6. Interviews with the ICRC
    I. Introduction
    II. Reflections by Delegates on the Mandate
    III. Early Recovery
    IV. Economic Security
    V. Local Ownership
    VI. Prevention of Conflict
    VII. Conclusion

    Case Study: Accounts of ICRC Delegates on the Democratic Republic of Congo
    I. Introduction
    II. The Congo Wars in Brief: 1994–2016
    III. The ICRC in the Democratic Republic of Congo
    IV. ICRC and Health
    V. Food Security and Water
    VI. Economic Security
    VII. ICRC and the Congolese National Society
    VIII. Conclusion

    Conclusion

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