Legal status[edit]
ICRC is the only institution explicitly named under International Humanitarian Law (IHL) as a controlling authority. The legal mandate of the ICRC stems from the four Geneva Conventions of 1949, as well as its own Statutes. The ICRC also undertakes tasks that are not specifically mandated by law, such as visiting political prisoners outside of conflict and providing relief in natural disasters.
The ICRC is a private association registered in Switzerland that has enjoyed various degrees of special privileges and legal immunities within the territory of Switzerland for many years.[when?] On 19 March 1993, a legal foundation for this special treatment was created by a formal agreement between the Swiss government and the ICRC. This agreement protects the full sanctity of all ICRC property in Switzerland including its headquarters and archive, grants members and staff legal immunity, exempts the ICRC from all taxes and fees, guarantees the protected and duty-free transfer of goods, services, and money, provides the ICRC with secure communication privileges at the same level as foreign embassies, and simplifies Committee travel in and out of Switzerland. On the other hand Switzerland does not recognize ICRC issued passports.[20]
Contrary to popular belief, the ICRC is not a sovereign entity like the Sovereign Military Order of Malta and also it is not an international organization, neither of non-governmental nor of governmental type. The ICRC limits its membership to Swiss nationals only, and also unlike most NGOs[citation needed] it does not have a policy of open and unrestricted membership for individuals as its new members are selected by the Committee itself (a process called cooptation). However, since the early 1990s, the ICRC employs persons from all over the world to serve in its field mission and at Headquarters. In 2007, almost half of ICRC staff was non-Swiss. The ICRC has special privileges and legal immunities in many countries,[which?] based on national law in these countries, based on agreements between the ICRC and the respective governments, or, in some cases, based on international jurisprudence (such as the right of ICRC delegates not to bear witness in front of international tribunals).
Legal Basis[edit]
ICRC operations are generally based on International Humanitarian Law (IHL), the four Geneva Conventions of 1949, their two Additional Protocols of 1977 and Additional Protocol III of 2005, the Statutes of the International Red Cross and Red Crescent Movement, and the resolutions of the International Conferences of the Red Cross and Red Crescent.[21]
International Humanitarian Law (IHL), Treaties and Customary Law International Humanitarian Law is a set of rules that come into effect in armed conflicts. It aims to minimize the harms of an armed conflict by imposing obligations and duties to those who participate in armed conflicts. IHL mainly deals with two parts, the protection of persons who are not, or no longer taking part in fighting and restrictions on the means and methods of warfare such as weapons and tactics.[22] IHL is founded upon Geneva conventions which were first signed in 1864 by 16 countries. Traditions and Customs had governed the conduct of war until then, which varied depending on the location and time. The First Geneva Convention of 1949 covers the protection for the wounded and sick of armed conflict on land. The Second Geneva Convention asks for the protection and care for the wounded, sick and shipwrecked of armed conflict at sea. The Third Geneva Convention emphasizes the treatment of prisoners of war. The Fourth Geneva Convention concerns the protection of civilians in time of war. In addition, there are many more body of Customary International Laws (CIL) that come into effect when necessary.
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