The Role of International Organizations in Armed Conflict

Cordula Dröge addresses civilian protection in cyber warfare, stating that new technologies of warfare are subject to IHL obligations. States are required by Additional Protocol I to assess new weapons for IHL compliance. She explains that cyber operations, when used as military means, fall under IHL rules. Dröge discusses the challenge of applying traditional concepts like 'objects' (which are tangible) to data in cyberspace, arguing that data of civilians should be considered protected. She notes a recent agreement within a UN governmental experts group indicating progress in overcoming disagreements on IHL applicability to cyber operations, ensuring civilian protection irrespective of technological advancements.

Christy Edwards, co-chair of the International Organizations Interest Group, introduces the panel discussion on the role of international organizations in armed conflict. She introduces Cordula Dröge from the ICRC, Mona Rishmawi from OHCHR, and Maria-Daniela Maruta from ECRI, briefly outlining their extensive experience in international law and human rights.

Cordula Dröge discusses the ICRC's mandate, derived from the Geneva Conventions and the statutes of the Red Cross/Red Crescent Movement, to uphold International Humanitarian Law (IHL). She explains ICRC's multifaceted work including daily application of IHL in operations, engaging with belligerents, capacity building through advisory services, and clarifying and developing IHL, notably through the customary law study and updating commentaries to the Geneva Conventions. The ICRC also plays a significant role in advocating for treaties on conventional weapons, drawing insights from field observations and humanitarian needs, particularly in areas like cyber warfare and autonomous weapon systems.

Cordula Dröge elaborates on the ICRC's pragmatic engagement with non-state armed groups. This engagement is driven by a humanitarian objective to reach populations under their control, stressing the importance of neutral and confidential dialogue. She highlights the challenges posed by counter-terrorism narratives and sanctions, which can inadvertently hinder humanitarian access. Citing examples from the COVID-19 pandemic, she explains how ICRC adapts its engagement based on the nature of these groups, from basic appeals for respectful treatment to more complex dialogues on movement restrictions and vaccination efforts.

Mona Rishmawi outlines the OHCHR's role, as a UN entity, in advancing human rights protections in armed conflict. She explains that human rights law has consistently been developed against the backdrop of conflict. OHCHR aims to provide a voice for victims and works in three key areas: normative clarity, enhancing transparency, and accountability. Rishmawi emphasizes that human rights treaties are widely ratified and continue to apply in conflict situations, often complementing IHL. She highlights how human rights law strengthens protections, such as the absolute prohibition of torture, and addresses specific issues like water rights and the protection of vulnerable groups such as journalists and human rights defenders in conflict zones.

Maria-Daniela Maruta details ECRI's (European Commission against Racism and Intolerance) work, especially its country monitoring and recommendations in conflict-affected and 'gray zones' or disputed territories. ECRI focuses on preventing tensions by monitoring independent equality bodies, inclusive education, hate speech (especially online), and integration/inclusion policies. She mentions the revision of general policy recommendations on combating anti-Semitism and anti-Muslim hatred, emphasizing the politicized nature of these issues. Maruta discusses the challenges of gaining access to disputed territories for monitoring and suggests incorporating human rights monitoring clauses in peace or ceasefire treaties to ensure protection and avoid unintended legitimization of non-state actors.

Mona Rishmawi further discusses OHCHR's role in accountability, emphasizing that transparency is crucial for achieving it. She explains how OHCHR's monitoring and reporting are used in national and international legal systems. She cites the impact of fact-finding missions and commissions of inquiry, like those for Myanmar and Syria, in bringing cases before international courts and promoting transitional justice mechanisms. She argues that the primary goal is to advance protection for victims, using any available legal tool, whether human rights law, IHL, or international criminal law, setting aside theoretical disputes for practical outcomes.