Summary: Joint Session between Working Group on Human Rights and Humanitarian Law and
Working Group on Peace and Disarmament
Protection of civilians against violence: the humanitarian challenges
| Time: |
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17 July 2002, 11:30-13:00 |
| Location: |
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ICCG 2 |
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Moderator(s): | | • Ms. Rama Mani, Henri Dunant Centre for Humanitarian Dialogue
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Presenters/ Participants: | | • Ms. Fabien Dubuet, Médecins Sans Frontières (MSF)
• Ms. Lounes Belkacem, Congrès Mondial Amazigh
• Mr. Ralf Gruenert, United Nations Office of the High Commissioner for Refugees (UNHCR)
• Ms. Suzanne Hofstetter, International Committee of the Red Cross and Red Crescent (IFRC)
• Mr. Michael Van Walt, International Peace Council for States, Peoples and Minorities (KREDDHA)
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| Reporters: |
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Laeiticia Marie Sanchez (ICVolunteers), David Hay Edie
(IPB) |
| Language: |
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English, French |
| Key words: |
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Humanitarian Law, Civilian protection, Human Rights, Multilateralism |
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This panel concerned the major challenges, both legal and political, in protecting civilian populations. Several issues were raised
including different definitions of civilian populations (for instance, the distinction between civilians and combatants), diverse means of protecting civilians, and the gap between humanitarian law and humanitarian action.
Paul Bonard of the International Committee of the Red Cross (ICRC) emphasized the importance of certain definitions vis-à-vis
civilian protection. He defined protection of rights to include legal rights as well as the protection of physical and mental integrity against violations. In the field, the protection of civilians includes several steps including: preventing violations, limiting the effects of violations on citizens when they have
occurred, and the documentation of violations. Other field steps include providing protected zones for hospitals as well as the protection of medical personnel and ambulances.
Finally, field work includes the negotiations of truces/ceasefires, public appeals, food assistance, shelter and water. Mr. Bonard concluded his presentation by bringing up a salient issue, namely the classification of populations involved in conflict. The terminology often implies that those who are not innocent are not deserving of assistance.
Mr. Fabian Dubuet of Médecins
Sans Frontières (MSF) illustrated through his speech the paradox that
though war crimes are prohibited, there is no "army" to stand up to enforce these prohibitions. He urged
civil society to play an active role in accomplishing this missing link: "We are not sure if words save people. But we know that silence
kills."
One surprising issue was the power of governments to stop civil society-initiated actions. An
example of this was the Israel Government forcing Koffi Annan to stop the U.N. Fact Finding Mission in Jenin. A
participant raised the question, "How can one redress human rights violations such as the prevention of ambulances in Palestine from reaching sick civilians by the
checkpoints?" While there was not a clear answer, it was pointed out that
especially in Jenin this year, it was hard for the outside humanitarian actors to intervene.
Often, it was the Israeli populace who were witnesses of these war crimes.
Conclusions
Presenters agreed that civil society has a great role to play in several aspects of humanitarian
law:
- First, civil society can exhort their leaders to achieve the greater political will that is needed to solve many of the current crises.
- Second, civil society can work to resolve the gap between humanitarian law and humanitarian action.
- Third—and related to the second point—civil society needs to work to redress the weak impunity that currently faces those who have violated international law and
committed war crimes.
Presenters' Documents Available
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