1. International Committee of the Red Cross Mandate and action in situations of violence under the threshold of armed conflict OAS Committee on Hemispheric Security 21.05.2015

2. Elena Ajmone Sessera Deputy Head of Operations for the Americas ICRC Geneva www.icrc.org

3. Mission The International Committee of the Red Cross (ICRC) is an impartial, neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of armed conflict and other situations of violence and to provide them with assistance. The ICRC also endeavours to prevent suffering by promoting and strengthening humanitarian law and universal humanitarian principles. Established in 1863, the ICRC is at the origin of the Geneva Conventions and the International Red Cross and Red Crescent Movement. It directs and coordinates the international activities conducted by the Movement in armed conflicts and other situations of violence.

4. Mandate International armed conflict GC III 126 and GC IV 143 Non-international armed conflict GC I-IV common article 3 and AP I (offre de service – State consent) OSV (other situations of violence) Statutes of the International Red Cross and Red Crescent Movement (right of initiative – State Consent)

5. ICRC’s mission and work in situations of violence, below the threshold of armed conflict, based on Red Cross law the Movement’s Statutes and resolutions adopted at the Movement’s statutory meetings (International Conferences of the Red Cross and Red Crescent (hereafter International Conferences) and Councils of Delegates The Movement’s Statutes constitute the first legal source, the resolutions adopted at the Movement’s statutory meetings the second. The ICRC’s right of initiative is grounded in the Statutes and those resolutions, allowing it to act in situations that are below the threshold of armed conflict

6. What law applies to OSV? International human rights law and domestic legislation apply IHL is not applicable. Non-State protagonists of the violence are not bound by obligations under international law The State continues to hold a de jure monopoly on Use of Force

7. From Internal disturbances to OSV Revision of ICRC policy The terms “internal disturbances” and “internal tensions” date back to the twentieth century (the term “internal disturbances” was used, for example, in the 1928 version of the Movement’s Statutes;) Various attempts were made during the twentieth century to define the concepts of “internal disturbances” and “internal tensions”, in order to affirm the ICRC’s role in such situations and to determine which acts of violence are not covered by IHL. Both concepts are described in the commentary on Article I of Additional Protocol II.

8. Diversification of the phenomenon of collective violence in the late twentieth century. There are forms of collective violence that would not fall under Internal tensions/disturbances:  violence between non-State groups based on community, ethnic group, tribe, religion, clan, etc.  violence generated by gangs, cartels or mafias which is international in nature

9. Situations of violence that come within the ICRC’s field of action situations in which violence is perpetrated COLLECTIVELY with significant humanitarian consequences, and that are below the threshold of armed conflict. The “collective” nature of the violence implies that it is committed by a “group”. The group comprises a large number of individuals and may, or may not, be structured or organized (it may be a very organized State group, or a relatively unstructured crowd of demonstrators).

10. When would ICRC engage  significant humanitarian consequences  ICRC humanitarian action constitutes a relevant response to those humanitarian consequences.

11. ICRC action Focus on victims: the people affected by the situation of violence. Adapt protection, assistance, prevention and cooperation activities in the light of the analysis of the humanitarian consequences  (people affected, principal needs, most severe consequences, various degrees of urgency) Analyse relevance of the response:  specific assets the ICRC possesses  factors that could hobble its development of activities. Establish specific priorities and objectives with due regard for the principle of impartiality

12. Humanitarian conseqeunces MOST VISIBLE PROBLEMS KILLED WOUNDED DETAINED MISSING LIMITED ACCESS TO PUBLIC SERVICES PEOPLE MENTALLY AFFECTED ABUSES

13. Mental trauma/ stress disorder Penitentiary/judiciary systems overstretched Lack of access to basic services (health and education) Youth at risk Missing Displacement Migration

14. ICRC response in current experiences Support State services through:  Safer Access programs  Analysis of cost of violence on health services provisions  Dialogue with Police and security forces when engaged in use of force and LE operations. Support Community to build resilience  First Aid  Mental health programs Support youth and education institutions  Safer access  Creating humanitarian spaces programs Dialogue with weapon bearers / UOF

15. Main lessons learned from experiences in Americas  Pertinence of ICRC’ principles, approach, security concept  partnerships are a key success factor to heighten the anticipated impact on the people affected (replication/long term sustainability)  Comprehension of armed violence  Various types of violence;  Impact on population and on provisions of public services;  Banalization of violence but no coping mechanisms; High relevance of Self Protection and resilience mechanisms in the communities  High vulnerability of youth; Youth as a main focus for humanitarian response  Heavy impact on judiciary/penitentiary system;  Dialogue with Weapon Bearers possible but very challenging with some actors. The co-existence perpetrators and victims resulting in « law of silence »;

16. Impact People have better access to public services. They know how to protect themselves better. Stigmatisation is reduced. Authorities adapt approach (health, education, security) and multiply it. Authorities integrate new categories of victims and adopt relevant legal framework (missing, sexual violence, displaced and migrants) Integration of international standards on UoF in training and SoP of police and security forces. Production of Specific Tools for and with partners  Tools to monitor and measure the effects of violence;  Technical guidelines for the partners;  Training tools for partners’ ToT;

17. THANK YOU GRACIAS OBRIGADA