In the face of rising human costs, the parties must comply with international humanitarian law
Opinion From the President of the ICRC Peter Maurer: We see a devastating humanitarian crisis unfolding in Ukraine. Today, the ICRC urgently reminds the parties to the conflict to fulfill their legal obligations to avoid further civilian suffering and loss of life.
The Geneva Conventions and their First Additional Protocol are fully applicable to the international armed conflict in Ukraine.
The parties to this conflict must therefore respect the rules to which they are committed and which will protect people during the conflict. This means saving the civilian population from military operations. They should also immediately allow safe passage for people fleeing the fight.
In order to alleviate the suffering and protect the population, the ICRC has decided to fulfill in Ukraine the mandate given to us by the peoples of the world seven decades ago in the Geneva Conventions. This work must be facilitated now – when the fighting is causing huge humanitarian needs – not to be postponed for a possible future ceasefire. The parties have an obligation to facilitate this work even in the event of a conflict.
Our demands today could not be more urgent. ICRC teams receive a flood of calls from people who are desperate for security. Victim numbers are rising steadily, while health facilities are struggling to cope. Civilians in underground shelters tell us they escaped ammunition falling directly overhead. They do not have extra clothes, supplies or necessary medicines. They need help now.
I am delighted to see the enormous courage and dedication of the Ukrainian Red Cross humanitarian volunteers. The ICRC and the wider international Red Cross and Red Crescent movement are responsible in Ukraine and surrounding countries. Our staff are ready and determined to visit prisoners, reunite divorced families, support health services and increase the life-saving assistance already provided.
Almost 75 years ago, the peoples of the world agreed on the basic principles of humanity during an armed conflict. Today we’re releasing a reminder of what these rules are:
International humanitarian law and the protection of civilians
The ICRC is concerned that fighting in an urban environment poses particularly serious risks to civilians.
Attacks on civilians and civilian objects, arbitrary attacks and disproportionate attacks are prohibited. The parties shall take all precautionary measures necessary to avoid or minimize civilian damage. They must do their utmost to avoid the deployment of military targets in or near densely populated areas and to protect civilians from the effects of attacks. Civilians should be allowed to seek refuge if they so wish.
Civilian infrastructure
It is absolutely essential that civilian infrastructure, such as hospitals, schools, water utilities and electricity, be actively protected and not attacked by kinetic or cyber means. The use of illegal weapons and the illegal use of weapons is prohibited. The use of heavy explosive weapons in populated areas should be avoided as it is likely to have arbitrary effects.
To protect civilians, combatants must distinguish themselves from civilians in all military operations by using identifiable symbols and carrying weapons transparently. They must respect international humanitarian law.
Access to health care, safety of medical staff, return of remains
The sick and wounded should be treated regardless of whose side they are on. Medical workers, medical vehicles and hospitals dedicated to humanitarian work cannot be attacked. The parties to the conflict shall also facilitate the tracing, identification and dignified treatment of the deceased and shall facilitate the return of the remains of the deceased at the request of the party to which they belong; The ICRC can act as an impartial mediator.
Protected persons, including prisoners of war and prisoners
Each party to the conflict must take the necessary measures to take into account the protected persons in its power – wounded, sick and dead soldiers, prisoners of war and protected civilians deprived of their liberty. It shall collect, centralize and transmit the required information to the other Party through the Central Tracing Agency of the ICRC, which shall act as an impartial intermediary.
Prisoners of war and imprisoned civilians must be treated with dignity and absolutely protected from beatings and publicly curious exposure, including images that spread in public on social media. The 1949 Geneva Conventions guarantee the ICRC access to prisoners – both prisoners of war and civilians.
Secure access to humanitarian work
All parties and all states must allow and facilitate the work of impartial humanitarian organizations such as the Red Cross and Red Crescent. Our job is to save lives. Sanctions and other restrictive measures must be designed in such a way that humanitarian operations can take place freely.
Source: International Committee of the Red Cross