Status of NGOs in International Humanitarian Law, Claudie Barrat examines the legal framework applicable to NGOs in situations of armed conflict. The author convincingly demonstrates, contrary to convention, that in addition to the ICRC, the National Societies and the IFRC, numerous other NGOs referenced in humanitarian law treaties have a legal status in IHL and therefore legitimate claim to employ IHL provisions to respond to current challenges. On the basis of clear and thorough definitions of these entities, Barrat argues that existing NGOs meeting stringent definition can benefit from customary rights and obligations in both international and non-international armed conflict.
Claudie Barrat has a PhD in International Relations/Public International Law from the Graduate Institute of International and Development Studies (2009). She is currently working as a Policy Officer for the United Nations High Commissioner for Refugees in Geneva, Switzerland. Previously, she worked for United Nations organisations in Egypt, the Democratic Republic of Congo and the Palestinian Territory.
Table of contents
1. DEFINITIONS AND SCOPE OF THE RESEARCH
1.1 NGOS 1
1.2. IHL AS THE APPLICABLE LAW IN TIMES OF ARMED CONFLICTS
1.3. INTERNATIONAL AND NON-INTERNATIONAL ARMED CONFLICTS
1.4. DEFINITIONS AND METHODOLOGY TO DETERMINE CUSTOMARY LAW
2. THE RED CROSS AND RED CRESCENT MOVEMENT: A POSITION AFFIRMED IN INTERNATIONAL HUMANITARIAN LAW TREATIES
2.1. THE ICRC
2.2. THE FEDERATION OF RED CROSS AND RED CRESCENT SOCIETIES
2.3. THE NATIONAL SOCIETIES OF THE RED CROSS AND RED CRESCENT
3. THE REFERENCE TO 13 OTHER ORGANISATIONS IN IHL TREATIES: A BASIS FOR NGOS
3.1. VOLUNTEER/VOLUNTARY AID SOCIETIES
3.2. CIVIL DEFENCE ORGANISATIONS
3.3. CIVILIAN RELIEF/MEDICAL PERSONNEL
3.4. THE CIVILIAN RELIGIOUS PERSONNEL
3.5. SUBSTITUTES OF THE PROTECTING POWERS
3.6. IMPARTIAL HUMANITARIAN BODIES/ORGANISATIONS
3.7. ORGANISATIONS GIVING ASSISTANCE TO PRISONERS OF WARS
3.8. RELIEF SOCIETIES
3.9. INTERNATIONAL RELIGIOUS ORGANISATIONS
3.10. ORGANISATIONS DULY APPROVED BY THE PARTIES TO THE CONFLICT
3.11. SOCIAL OR COOPERATIVE ORGANISATIONS
3.12. ORGANISATIONS ENGAGED IN THE TASK OF REUNITING FAMILIES
3.13. ORGANISATIONS ASSISTING THE PROTECTED PERSONS
4. THE LEGAL PERSONALITY OF NGOS IN INTERNATIONAL HUMANITARIAN LAW: IS THAT THE QUESTION?
4.1 THE CONCEPT OF INTERNATIONAL LEGAL PERSONALITY
4.2 RECOGNITION OF EXISTING NGOS AS ORGANISATIONS CITED IN IHL TREATIES
4.3. THE CARROTS: CAN NGOS BENEFIT FROM DIRECT RIGHTS IN INTERNATIONAL HUMANITARIAN LAW?
4.4 THE STICKS: WITH POWER COMES RESPONSIBILITY
5. CUSTOMARY RIGHTS OF NGOS IN INTERNATIONAL HUMANITARIAN LAW
5.1. A CUSTOMARY RIGHT TO OFFER SERVICES (RIGHT OF INITIATIVE)
5.2. A CUSTOMARY RIGHT TO HAVE ACCESS TO PROTECTED PERSONS
5.3. A CUSTOMARY RIGHT TO PROVIDE RELIEF TO PROTECTED PERSONS
5.4. A GENERAL CUSTOMARY RIGHT TO BE RESPECTED AND PROTECTED
Scholars specialising in International Humanitarian Law, humanitarian workers and NGOs working in armed conflict situations.