As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay describes the humanitarian diplomacy of the International Committee of the Red Cross (ICRC) by comparing it conceptually with other forms of advocacy and illustrating it with the ICRC's recent experience in the Yemen crisis. Humanitarian diplomacy is examined as one particular way of balancing legal norms, moral values, and national interests in the pursuit of greater respect for international humanitarian law (IHL) and (...) principled humanitarian action in armed conflicts. The essay looks back to ancient history for archetypal forms of humanitarian advocacy in various cultural traditions. It then describes humanitarian diplomacy's practice of discreet diplomacy and confidential dialogue with all parties to a conflict, and compares its relatively “quiet” approach with the “loud” approach of outrage activism focused on “naming and shaming,” which tends to be the norm today. The essay argues that there is an important and complementary place for the ICRC's style of humanitarian diplomacy alongside other forms of advocacy even in the face of criticism that the ICRC is sometimes publicly silent about what it knows of atrocities and avoids naming and shaming. (shrink)

The International Committee of the Red Cross (ICRC) offers a dilemma for international political theory. ICRC's success as a humanitarian actor in international conflict is credited to its neutral stance. However, ICRC neutrality is vulnerable to serious challenges regarding its supposed avoidance of the political. ICRC neutrality is commonly dismissed as either illusory or impossible. The problem is not grounded in the principle of neutrality itself, though, but rather in the lack of critical engagement with what (...) it means to be neutral on a humanitarian register. ICRC misreads the demands of neutrality in such ways as to permit both partiality and irresponsibility to its mission. Drawing from Roland Barthes' address of the neutral, I argue that international humanitarianism is possible as a neutral movement but that this neutrality can only be such through vigorous and fundamentally political movement responsible to the goals of human well-being and dignity as questions. (shrink)

ICRC has coordinated relief for victims who are ignored by the world, in more places than all the UN agencies combined. When law is silent, as often during war time it is, human rights policies must be built on ethical choice.

Chapter 6 covers non-state humanitarian actors: the components of the International Red Cross and Red Crescent Movement (the Movement) and non-governmental organizations (NGOs). The Movement is comprised of the International Committee of the Red Cross (ICRC), the International Federation of Red Cross and Red Crescent Societies (IFRC), and 191 National Societies. The chapter explains the Movement’s history, structure, and governance, and outlines the mandates of each of the ICRC, IFRC, and National Societies, with a focus on their humanitarian (...) assistance activities. It also covers the privileges, immunities, and facilities enjoyed by the ICRC and IFRC, and the protection of Movement personnel. Chapter 6 then addresses NGOs, including their relationship with, and facilities and protection under, international law. The latter section includes a focus on how health care is protected in armed conflict. Finally, Chapter 6 addresses the Movement’s and NGOs’ role in setting quality and accountability standards. (shrink)

In this report we focus on the definition of autonomous weapons systems (AWS). We provide a comparative analysis of existing official definitions of AWS as provided by States and international organisations, like ICRC and NATO. The analysis highlights that the definitions draw focus on different aspects of AWS and hence lead to different approaches to address the ethical and legal problems of these weapons systems. This approach is detrimental both in terms of fostering an understanding of AWS and in (...) facilitating agreement around conditions of deployment and regulations of their use and, indeed, whether AWS are to be used at all. We draw from the comparative analysis to identify essential aspects of AWS and then offer a definition that provides a value-neutral ground to address the relevant ethical and legal problems. In particular, we identify four key aspects—autonomy; adapting capabilities of AWS; human control; and purpose of use—as the essential factors to define AWS and which are key when considering the related ethical and legal implications. (shrink)

ABSTRACTInternational sporting associations like the International Federation of Football Associations, the International Olympic Committee and Fédération Internationale de l’Automobile have throughout the twentieth century promoted political neutrality as a source of autonomy. With FIFA and the IOC’s official adherence to the United Nations’ human rights conventions in 2017, FIA remains one of the few large ISAs where neutrality is not underpinned by a corrective on human rights. However, this position is in conflict with the ethical obligations FIA contracted when it (...) was given full recognition by the IOC in 2013. To discuss this problematic, this paper draws upon J.S. Mill’s On Liberty and the concept of ‘inaction’ as a source for ways in which the FIA might reconsider its current stance.Abbreviations: IOC ; FIA ; FIFA ; ICRC (International Committee of... (shrink)

ABSTRACT This article stems from a project launched by the International Committee of the Red Cross (ICRC) in 2017 to examine the degree to which Buddhism might complement or enhance international humanitarian law (IHL), also known as ‘the law of war’ or ‘the law of armed conflict’. Given that Buddhist teachings discourage violence, scholarship has critiqued Buddhists’ involvement in armed conflict rather than considered how Buddhism might contribute to regulating the conduct of hostilities once war has broken out. Yet (...) the Buddhist aim to reduce suffering is particularly relevant during armed conflict, and the empirical realism of early Buddhist texts shows that early Buddhist communities were very much aware of its grim reality. The article investigates the evidence for this empirical realism before exploring a range of concepts, doctrines and practices from within Buddhism that are pertinent to the recognition and implementation of IHL principles and the conduct of war. While IHL lays down explicit rules to follow during war, Buddhism emphasises broader ethical principles to be applied, so as not to dilute its ideal of non-violence. At a deeper level, it addresses the intention or motivation of parties to armed conflict, and possesses psychological insights and resources to help change their behaviour. (shrink)

Photo by AbsolutVision on Unsplash INTRODUCTION Social media, news headlines, and podcasts implicitly and explicitly remind us of the digital misinformation maelstrom we navigate every day to understand the truth of current events. Misinformation feeds off the topics that impact our lives and draw our attention – war, health, politics, identity, fear, and empathy. Misinformation has a digital reach faster and wider than true information based on its nature of novelty and emotional instigation.[1] It draws from data leakages, twists the (...) truth, incites emotional responses, and can undermine real efforts to protect and aid vulnerable communities. Many of the places and events targeted by misinformation are sites of humanitarian crises such as Gaza, Yamen, and Ukraine among many others. Humanitarian groups conceived to provide relief to vulnerable communities are susceptible to personal harm and impeded aid because the organizational structure is not equipped for misinformation and data security breaches. While propaganda and misinformation did not emerge in the contemporary, their scope, speed, and impact have exponentially increased as the world’s use of digital media for communication developed. The current state of misinformation and data leakages are threats to humanitarian efforts, especially the vital and nuanced task of humanitarian medical aid that now simultaneously relies on the digital information ecosystem. ANALYSIS Humanitarian efforts center on the four main principles of humanity, neutrality, impartiality, and operational independence. The United Nations Refugee Agency specifies that ‘humanity’ refers to addressing human suffering wherever it is found to ensure health and respect, ‘neutrality’ is to not engage in political, racial, religious, or ideological controversies, ‘impartiality’ is to provide aid based on need alone without bias and priority, and ‘operational independence’ is to conduct aid autonomous from agendas or actors in sectors such as political, economic, or military.[2] Medecins Sans Frontieres explicitly states neutrality, impartiality, independence, bearing witness, and accountability in their code of principles. Their statement on medical ethics is much more vague. It aims to “carry out our work with respect for the rules of medical ethics, in particular the duty to provide care without causing harm to individuals or groups. We respect patients’ autonomy, patient confidentiality, and their right to informed consent.”[3] Confidentiality is mentioned, but in the nondescript sense that could refer to confidentiality outlined in any number of medical ethics contexts. Three most commonly referred to ethical codes in Western medicine are the Declaration of Helsinki, the Belmont Report, and the Code of the American Medical Association (AMA). The Declaration of Helsinki places confidentiality in the context of research and was written pre-digital age in the 1960s.[4] The Belmont Report does not mention confidentiality or patient privacy in its summation of medical ethics from 1978.[5] Lastly, the AMA’s Code of Medical Principles upholds that physicians “shall respect the rights of patients, colleagues, and other health professionals, and shall safeguard patient confidences and privacy within the constraints of the law.”[6] This AMA principle was adopted in 1957 and revised in 2001, still before the onset of widely accessible digital media. These three medical ethics codes are the standard of Western medicine, and yet they are decades obsolete when facing the harm of digital misinformation and data leakages. Humanitarian aid organizations cannot afford to rely on outdated medical ethical codes amid digital misinformation and data leakages. Medical humanitarian relief groups such as Medecins Sans Frontiers, the International Medical Corps, the WHO Global Health and Peace Initiative, and the International Committee of the Red Cross, rely on the medical ethics defined in the aforementioned guides in addition to their humanitarian foundation. These codes, while useful, were written prior to the digital age. And, as our methods of communication, medical delivery, and global action have evolved and digitized, the ethics guiding medical practice should be updated to reflect this dramatic change. Humanitarian medical organizations need the digital ecosystem to store metadata for medical services such as patient history, blood type, metrics on locations in need of aid, missing person searches, and funding. The levels of data vulnerable to misconstruction and hacking exist on the personal and organizational levels. Individual providers and the organizational body should prioritize confidentiality. Thus humanitarian medical ethics should adapt to the reality of the digital age to not endanger the populations receiving aid and to not propagate harm. Misinformation and data leakage can lead to microtargeting, defamation, provider endangerment, and other harms preventing medical service. The European Data Protection Supervisor details how the personal information collected by organizations, such as medical, can be stolen or misconstrued to affect microtargeting, placing individuals in the direct path of echo chambers, digital tracking, and manipulation.[7] The International Broadcasting Trust released a report in 2018 detailing the extent to which misinformation was impacting the humanitarian aid groups it broadcasts to.[8] For example, the report shared that rumors spread by right-wing political groups in 2017 falsely circulated that humanitarian groups in the Mediterranean were collaborating with child trafficking rings.[9] After causing defamation, the right-wing group sent a boat to block and detain the humanitarian group’s search and rescue boat. This was one incident among many where providers and patients were put in harm’s way through misinformation and the misuse of location data. Other disinformation campaigns can be carried out by governments as well; in Syria and Ukraine, the Russian government has been specifically targeting Red ross and White Helmets.[10] Beneficial medical services cannot be delivered if providers and patients are targeted. In January of 2022, the International Association of the Red Cross was hacked. Approximately 515,000 vulnerable persons’ data was leaked and became inaccessible to the IARC providers.[11] If an organization cannot protect access to its digital ecosystem, humanitarian medical aid efforts can be rendered ineffective. Additionally, misinformation and breached data cause the less immediate but more widely impactful harm of distrust. Stakeholders and funding sources can withdraw from supporting medical humanitarian aid organizations. Beneficial medical services cannot be offered if there is no monetary backing. Providers and patients also have their own digital devices and means of communication which can lead to sensitive information being shared online or with non-neutral parties. If a patient cannot trust their provider or the organization a provider acts in the name of, medical services can be refused. Beneficial medical service cannot be conducted if the trust of the patient is compromised by humanitarian groups failing to prioritize patient confidentiality. Confidentiality should be prioritized in humanitarian medical aid to safeguard against the extended harms of data leakage, misinformation, and malintent. Some critiques may postulate that due to the uniqueness of each community aided by medical humanitarian organizations, over-standardization from rigid ethical codes may occur, that standardization can lead to inflexibility with communities and render aid strategies ineffective. However, the reality is that ethical frameworks make sure that individual actors are not monolithic – they allow for collaboration and joint work. The WHO Global Health and Peace Initiative’s recent adoption of conflict sensitivity, along with other organizations’ additions of similar language, ensure that there is a feedback loop incorporated into the ethical code to mitigate unintended harm. Thus, ethical codes are helping providers to respond in unprecedented situations with consciousness to harm propagation. In events of limited time and of crisis, comprehensive ethical codes are especially beneficial because we rely on habits and pre-established information banks. CONCLUSION Humanitarian medical ethics should include a specific guide for confidentiality. Without forethought and the integration of traditional and digital confidentiality as a main tenant, medical humanitarian organizations will continue to act retrospectively. Trust in stakeholder-provider-patient relationships will continue to disintegrate. The current status quo of medical ethics in the humanitarian aid sector poses multiple risks for providers and patients whereas adopting stronger confidentiality language is a tangible step towards the protection of vulnerable communities from the harms of digital misinformation and data leakage. - [1] Vosoughi, Soroush, Deb Roy, and Sinan Aral. “The Spread of True and False News Online.” Science 359, no. 6380 (2018): 1146–51. https://doi.org/10.1126/science.aap9559. [2] “Conflict Sensitivity and the Centrality of Protection.” The Global Portection Cluster, March 2022. https://www.globalprotectioncluster.org/sites/default/files/2023-03/220318_gpc_-_conflict_sens.pdf. [3] “Our Charter and Principles.” MEDECINS SANS FRONTIERES - MIDDLE EAST. Accessed December 24, 2023. https://www.msf-me.org/about-us/principles/our-charter-and-principles#:~:text=We%20give%20priority%2 0to%20those,of%20governments%20or%20warring%20parties.&text=The%20principles%20of%20impartiality%20a nd%20neutrality%20are%20not%20synonymous%20with%20silence. [4] “WMA - The World Medical Association-WMA Declaration of Helsinki – Ethical Principles for Medical Research Involving Human Subjects.” The World Medical Association. Accessed December 24, 2023. https://www.wma.net/policies-post/wma-declaration-of-helsinki-ethical-principles-for-medical-researc h-involving-human-subjects/. [5] Office for Human Research Protections (OHRP). “ The Belmont Report.” United States Department of Health and Human Services, September 27, 2022. https://www.hhs.gov/ohrp/regulations-and-policy/belmont-report/read-the-belmont-report/index.html. [6] American Medical Association. “The Code.” AMA principles of Medical Ethics. Accessed December 24, 2023. https://code-medical-ethics.ama-assn.org/principles. [7] “EDPS Opinion on Online Manipulation and Personal Data.” European Data Protection Supervisor. Accessed December 24, 2023. https://edps.europa.eu/sites/edp/files/publication/18-03-19_online_manipulation_en.pdf. [8] Robin. “Faking It: Fake News and How It Impacts on the Charity Sector.” International Broadcasting Trust, March 13, 2020. https://www.ibt.org.uk/reports/faking-it/. [9] Reed, B. “Charities Colluding with Traffickers? Fake News.” The Guardian, February 15, 2018. https://www.theguardian.com/global-development/2018/feb/15/charities-aid-agencies-fake-news-says-rep ort. [10] Sant, Shannon Van. “Russian Propaganda Is Targeting Aid Workers.” Foreign Policy, August 1, 2022. https://foreignpolicy.com/2022/08/01/russia-disinformation-ukraine-syria-humanitarian-aid-workers/. [11] International Committee of the Red Cross. “Hacking the Data of the World’s Most Vulnerable Is an Outrage.” International Committee of the Red Cross, October 27, 2022. https://www.icrc.org/en/document/hacking-data-outrage. (shrink)

International Humanitarian Law mandates that all wounded in war, no matter which party they belong to, shall receive aid in accordance with their medical condition, and that “there shall be no distinction among them founded on any grounds other than medical ones.” This principle of impartiality is endorsed by various other military and civilian institutions worldwide to include the ICRC, the US Department of Defense, and the American Medical Association. In this essay, I argue that in some cases, we (...) ought, morally speaking, to triage based on factors beyond one’s medical condition. More specifically, I argue that in these cases, we ought to triage, at least partly, based on one’s moral responsibility for one’s current medical predicament. I call this view Triage by Moral Responsibility (TMR). I support my argument for TMR by demonstrating its plausibility when applied to cases of medical treatment and disaster relief, and by drawing parallels between these situations and those considered in the ethics of defensive harming. I conclude by discussing the practicality of my moral conclusion for the practice of medical triage in pandemics and war. (shrink)

In this article we focus on the definition of autonomous weapons systems (AWS). We provide a comparative analysis of existing official definitions of AWS as provided by States and international organisations, like ICRC and NATO. The analysis highlights that the definitions draw focus on different aspects of AWS and hence lead to different approaches to address the ethical and legal problems of these weapon systems. This approach is detrimental both in terms of fostering an understanding of AWS and in (...) facilitating agreement around conditions of deployment and regulations of their use and, indeed, whether AWS are to be used at all. We build on the comparative analysis to identify essential aspects of AWS and then offer a definition that provides a value-neutral ground to address the relevant ethical and legal problems. In particular, we identify four key aspects – autonomy; adapting capabilities of AWS; human control; and purpose of use – as the essential factors to define AWS and which are key when considering the related ethical and legal implications. (shrink)

In a response to Pasic and Weiss, Natsios supports the authors' critique of the unintended political consequences of relief interventions but takes issue with their portrayal of the International Committee of the Red Cross, asserting that the authors misrepresent the doctrine of the ICRC.

The chapter analyses the promises and challenges of human rights as a common legal language for integrating humanitarian, development, and peace concerns in institutional responses to protracted conflicts. It finds that human rights-related language can be found in all three sectors and official documents related to the humanitarian-development-peace nexus (triple nexus) but approaches are quite diverse, ranging from human rights-related social policies to accepting human rights as legal guidance for operations. In reaction to the triple nexus, approaches taken have experienced (...) some reform towards increasing ‘conflict sensitivity’. Notably, the World Bank (WB) has reformed its environmental and social framework to include concerns with regard to operations in situations of conflict and fragility, and this framework applies to cooperations with the International Committee of the Red Cross (ICRC) and potentially also the United Nations (UN). Nonetheless, nexus debates so far have given no new impetus to longstanding opposition to legal human rights accountability by important institutional actors involved, nor to more substantial reforms of oversight and review mechanisms. (shrink)