Status of non-governmental organizations in international humanitarian law

In 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.-- Provided by Publisher.-- Provided by Publisher Contents Foreword Acknowledgments List of Abbreviations Introduction Chapter 1 Concepts: NGOs, Armed Conflicts and Customary Law 1 What is an NGO? 2 Applicable Law in Times of Armed Conflicts 3 International and Non-International Armed Conflicts 4 Customary International Law and General Principles Chapter 2 The Red Cross and Red Crescent Movement: A Position Affirmed in International Humanitarian Law Treaties 1 The ICRC 2 The Federation of Red Cross and Red Crescent Societies 3 The National Societies of the Red Cross and Red Crescent Chapter 3 The Reference to 13 Other Organisations in IHL Treaties: A Basis for NGOs 1 Volunteer/Voluntary Aid Societies 2 Civil Defence Organisations 3 Civilian Relief/Medical Personnel 4 The Civilian Religious Personnel 5 Substitutes of the Protecting Powers 6 Impartial Humanitarian Bodies/Organisations 7 Organisations Giving Assistance to Prisoners of Wars 8 Relief Societies 9 International Religious Organisations 10 Organisations Duly Approved by the Parties to the Conflict 11 Social or Cooperative Organisations 12 Organisations Engaged in the Task of Reuniting Families 13 Organisations Assisting the Protected Persons Chapter 4 The Legal Personality of NGOs in International Humanitarian Law: Is That the Question? 1 Recognition of Existing NGOs as Organisations Cited in IHL Treaties 2 International Legal Personality and Its Applicability to NGOs 3 The Carrots: Can NGOs Benefit from Direct Rights in International Humanitarian Law? 4 The Sticks: With Power Comes Responsibility Chapter 5 Customary Rights of NGOs in International Humanitarian Law 1 A Customary Right to Offer Services (“Right of Initiative”) 2 A Customary Right to Have Access to Protected Persons 3 A Customary Right to Provide Relief to Protected Persons 4 A General Customary Right to be Respected and Protected Conclusion Selected Bibliography 1 Primary Sources 1.1 Treaties 1.2 Declarations and Resolutions 1.3 Workshops and Conferences Documents 1.4 Draft Conventions 1.5 Other Documents 2 Secondary Sources 2.1 Books 2.2 Articles and Contributions to Collective Works Index Claudie Barrat examines the legal framework applicable to NGOs in situations of armed conflicts. 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