3 Framing the Negotiations

3.4 Translating Principles into Practice: Humanitarian Policies

Humanitarian policies assist in translating humanitarian principles and legal provisions into an operational setting, generally focusing on a particular area of humanitarian action.
Humanitarian policies contextualize the core principles mentioned above, and elaborate options for humanitarian action that adhere to those principles. Two examples of humanitarian policies in particular areas are:

On the issue of civil-military relations: IASC Reference Paper on “Civil-Military Relationship in Complex Emergencies” (28 June 2004);

On the issue of internally-displaced persons: IASC Document: “Implementing the Collaborative Response to Situations of Internal Displacement: Guidance for UN Humanitarian and/or Resident Coordinators and Country Teams” (2004); and OCHA “Handbook for Applying the Guiding Principles on Internal Displacement” (1999);

In general these types of policy documents define the scope of humanitarian operations in a particular area.

3.4.1 Using Humanitarian Policies to Frame Humanitarian Negotiations

While many of the existing humanitarian policy documents do not relate specifically to actions of armed groups, they nonetheless provide a source of options for humanitarian negotiators to consider in undertaking negotiations with armed groups. For example, elements of the guidelines on civil-military relations that generally relate to official military forces can also provide useful insight into the limits of interaction with armed groups (as another type of military actor).

Points to Remember—Framing the Negotiations

  • Humanitarian principles, policies and international law provide a framework and source of guidance for humanitarian negotiations with armed groups.

HUMANITARIAN PRINCIPLES

  • Three core humanitarian principles of humanity, neutrality and impartiality; Additional principles: Dignity; Respect for Culture and Custom; Do No/Less Harm; Independence; Sustainability; Participation; Accountability; Transparency; and Prevention.
  • These principles guide humanitarian negotiations by: (1) providing a source of guidance for humanitarian negotiators on how negotiations should be undertaken; (2) defining boundaries within which to seek agreement; and (3) providing a set of criteria for developing options for consideration by the negotiating parties.

INTERNATIONAL LAW RELEVANT TO HUMANITARIAN NEGOTIATIONS

  • International Humanitarian Law (IHL) applies to situations of armed conflict (international and non-international); includes treaty-based and customary international humanitarian law.
  • Armed groups are not party to international humanitarian law treaties, however, IHL binds all parties to an armed conflict, State and non-State actors. Common Article 3 of the Geneva Conventions of 1949 specifies a number of minimum provisions that the parties to an internal armed conflict, including armed groups, are required to uphold (see Box 2).
  • Customary international humanitarian law is the body of rules and norms that emanate from established State practice —and the widely-held belief that such practice is warranted as a matter of law.
  • International human rights law (IHRL) applies in peacetime as well as in conflict; Defines rights of individuals and duties and obligations of States (primarily) to safeguard and fulfill those rights; International human rights treaties are adopted by States.
  • The International Criminal Court (ICC) is the first international court established to promote the rule of law and to exercise its jurisdiction over persons for the most serious crimes. The Court was established by the Rome Statute of the ICC in July 1998.
  • The Rome Statute establishes jurisdiction of the ICC over individual members of an armed group; It defines “war crimes” to include, “serious violations of Article 3 common to the four Geneva Conventions of 12 August 1949”, and provides for individual criminal responsibility for members of armed groups for acts that constitute crimes under the Statute.
  • The ICC can exercise its jurisdiction when either (a) the State on the territory of which the conduct occurred is a party to the Rome Statute; OR (b) the State of which the accused person is a national is a party to the Statute.
  • International law guides humanitarian negotiations by: (1) defining boundaries within which to seek agreement; (2) framing the legal obligations of armed groups; (3) identifying the substantive issues for negotiation; providing an entry point for discussion on these issues; (4) providing reference benchmarks for evaluation of options and monitoring implementation; and (5) providing incentives to armed groups to negotiate.

HUMANITARIAN POLICIES

  • Humanitarian policies assist in translating and implementing humanitarian principles and legal provisions into an operational setting, generally focusing on a particular area of humanitarian action (e.g. guidelines on civil-military relations, IDPs).
  • Humanitarian policies can guide humanitarian negotiations by broadening the range of options that parties to the negotiations can consider as a basis for agreement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
   
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