The International Criminal Court (ICC) is heralded as a significant development in the field of international justice and accountability. Established by the Rome Statute, the ICC is a unique legal mechanism in terms of its broad jurisdiction over war crimes, crimes against humanity, genocide and the crime of aggression. Though the ICC represents an important commitment to international justice, it is not free from challenges and critique. One such issue is the relationship between the ICC and humanitarian actors. Humanitarian actors often have unparalleled access in the contexts the Court investigates, and because of this humanitarians may be approached to cooperate with the Court. Such cooperation, however, complicates – and potentially directly threatens – the principles that govern humanitarians’ operations. This event explored the issues and debates stemming from the relationship between the ICC and humanitarian actors.

Prerequisite knowledge

Recommended sessions:

1. Introduction to IHL and its relevance for humanitarian actors

10. International criminal law and its role in addressing violations of IHL

Recommended reading

For those who wish to prepare for the session, we recommend the following reading:

• Anne-Marie La Rosa, International Review of the Red Cross, “Humanitarian Organizations and International Criminal Tribunals, or Trying to Square the Circle” (2006)
• Claire Magone, Humanitarian Practice Network, “Collecting data on sexual violence: what do we need to know? The case of MSF in the Democratic Republic of Congo” (2014)
• Kate Mackintosh, International Review of the Red Cross, “Note for humanitarian organizations on cooperation with international tribunals” (2004)
• Steve Ratner, Just Security Blog “Should ICRC Reports on Detainee Visits be Turned Over to Military Commission Defense Counsel?” (2013)

For further reading, please also see:

• Fabrice Weissman, MSF Crash, “Humanitarian Aid and the International Criminal Court: Grounds for Divorce” (2009)
• Gabor Rona, ICRC Resource Centre, “The ICRC privilege not to testify: confidentiality in action” (2004)
• Human Rights Center, UC Berkeley School of Law “First Responders: An International Workshop on Collecting and Analyzing Evidence of International Crimes” (2014)
• Human Rights First, Discussion Paper “The Role of Human Rights NGOs in Relation to ICC Investigations” (2004)

Learning objectives

• Review of humanitarian principles, and in particular neutrality and independence, in the context of potential cooperation with international tribunals, and in particular the International Criminal Court (ICC).
• Examination of the possible role(s) humanitarian organizations may play in investigations and/or prosecutions undertaken by international tribunals, and what benefits and risks these may entail.
• Brief introduction to the context, goals and methods of fact-finding and/or information gathering activities as commonly undertaken by humanitarian organizations.
• Analysis of the possible impact on humanitarian organizations (including risk, security and perception) based on their undertaking information collection activities concerning potential crimes.
• Discussion of potential challenges and responses to interaction by humanitarian organizations with international tribunals such as the ICC.

Assessment

PHAP members will have the possibility to undergo a two-part assessment after the session as part of the PHAP Continuous Learning Credits framework.

Part 1: Comprehension check

Part 2: Written reflection

To encourage peer learning among members, selected essay responses will also be published on the website, if approved by the writer. As a member, you can comment on the responses and read other members' comments.

Read the written reflections