ICRC The International Committee of the Red Cross (ICRC) established for nearly 150 years. Its guiding principle is that war has limits on the conduct of hostilities and the behavior of combatants. Rules designed to establish these limits were signed by virtually all nations of the world and form what is called international humanitarian law, whose basis are the Geneva Conventions.
Statute of the ICRC: a separate category.
Sometimes, the ICRC calls "non-governmental organization (NGO). In fact, it is not, nor is it an international or intergovernmental organization. So what is their status? Gabor Rona, the ICRC's Legal Division explains.
What exactly are NGOs and intergovernmental organizations?
NGOs are private organizations such as associations, federations, unions, institutes and other groups. Not institutions or governments are the result of an intergovernmental agreement. NGOs can play a role in international affairs on the basis of their activities, but usually have neither made nor official status as a basis for their existence or to exercise its actividades.Cuando members or an organization's activities are limited to a specific country, we speak of a national NGO, if their activities across borders, it becomes an international NGO. Among the best known international NGOs include Doctors Without Borders, Amnesty International, Human Rights Watch, Oxfam, etc. The term "international organization" or "intergovernmental organization" implies an association, established by various governments through a treaty, with common purpose them and with their own special agencies to fulfill specific functions. In addition to the rules that define the structure of the organization, there will be provisions for the purpose of the association and the rights and duties of its international organization can miembros.Una universal in scope (such as United Nations, International Organization for Migration) or zonal (Organization of American States, Organization of African Unity, Organization for Security and Cooperation in Europe. Unlike NGOs, intergovernmental organizations have, by definition, a role that governments give the basis for its existence and its activities, and enjoy certain working facilities known in diplomatic terms as "privileges and immunities".
And the ICRC?
The ICRC has a hybrid nature. As a private association created under the Code Swiss Civil its actual existence is not dictated by governments. And yet its functions and activities, protect and assist victims of conflict-are dictated by the community of States and based on international law, in particular the Geneva Conventions, which are among the most widely ratified treaties on the world.This is why the ICRC, like any intergovernmental organization, is credited with an "international legal personality" or a separate statute. Enjoys working facilities (privileges and immunities) comparable to the United Nations, its agencies and other intergovernmental organizations. Examples of these facilities include exemption from taxes and customs duties, the inviolability of premises and documents and judicial immunity.
Why is this important?
The ICRC can only do their job of protecting and assisting victims of conflict if it satisfies the principles of impartiality, independence and neutrality. Recognizing the privileges and immunities of the ICRC, States and international organizations confirm compliance with these principles. Thus, in accordance with international law, governments, UN and other organizations widely recognize the privileges and immunities of the ICRC. This means that the ICRC is not considered as private or as NGOs, but as an intergovernmental organization for its work in accordance with its mandate internacional.La legal basis for the privileges and immunities of the ICRC is reflected in different ways, including:
Headquarters Agreement between the ICRC and governments, or state law. In the nearly 80 countries where the ICRC important activities, recognized international legal personality, judicial immunity and testimonial immunity (the right not to appear as a witness) by treaty or by law.
judicial decisions. Several national and international courts have ruled on the judicial immunity and testimonial immunity. Recently, the International Criminal Tribunal for the former Yugoslavia established the difference between the ICRC and NGOs referring to international law and international legal status, including their right not to testify. The Rules of Procedure and Evidence of the International Criminal Court, recently established, also reflect the views of the hundred who drafted the document states that the ICRC enjoys testimonial immunity.
United Nations and other international organizations. The ICRC obtained observer status in the UN General Assembly and enjoys a similar status in other international and intergovernmental organizations.
Source: ICRC
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