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Accountability in the 21st century
by Jean-François Berger
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A hundred years after Henry Dunant was awarded the Nobel Peace
Prize, how can we develop humanitarian law and action so as
to respond more effectively to the suffering caused by the conflicts
that beset our increasingly fragile and overpopulated planet? |
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While the events of 11 September and their aftermath continue
to rock the world order, some important questions are clamouring
for a response. What are the new faces of war? How can we
better protect the victims of conflict? And, in present and
future crises, which of the various actors involved - political,
military, economic, media-related or humanitarian - are willing
to be accountable for what?
These issues were high on the agenda of the Conference on
Humanitarian Action and Law held on 27 and 28 November 2001
at the National Assembly in Paris. This unusual gathering
on the theme of our increasing interdependence was organized
jointly by the ICRC and the French Red Cross, with the support
of Médecins sans Frontières, Médecins
du Monde, Handicap International, Action contre la Faim and
Première Urgence.
The National Assembly and the French ministers of foreign
affairs and defence also contributed to this unique event.
More than 40 participants enlivened the debates. Red Cross,
Red Crescent presents some of the highlights:
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Raymond Forni
President of the French National Assembly
"It is the responsibility of democratically elected
parliamentary assemblies to ensure respect for that to which
they owe their legitimacy: the inalienable rights of the human
person, be it on our own doorsteps when, sadly, poverty and
exclusion strike some of our fellow citizens, or farther afield,
on the front lines of conflict, when innocent people become
the victims of wars they did not want. It is the rightful
role of humanitarian organizations to call upon us, elected
representatives or citizens, to take action and to stand firm
against such unbearable and unacceptable suffering. (...)
The law is often our only weapon, but it is an effective one.
(...) The new world disorder into which humanity has been
plunged since 11 September requires closer dialogue and consultation
between parliaments, governments and humanitarian organizations."
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Raymond Forni
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Jakob Kellenberger
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Jakob Kellenberger
President of the ICRC
"It seems to me more useful and more exacting to assume
a limited responsibility than to declare oneself responsible
for everything without actually changing very much. (...)
The attacks of 11 September in the United States and their
consequences (...) raise the question of accountability. (...)
In broader terms, who is accountable for what in ensuring
that such attacks do not recur? This can have far-reaching
implications, ranging from accountability in the area of security
to education and accountability for ending the perpetual cycle
of poverty in which hundreds of millions of people are trapped...
Closer to home, who is accountable for what in ensuring that
international humanitarian law is respected within the framework
of the response to the 11 September attacks? The parties to
the conlict must respect these rules. Added to this is the
obligation of the High Contracting Parties to the Geneva Conventions
that are not party to the conflict to 'ensure respect' for
the Conventions in all circumstances."
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Marc Gentilini
President of the French Red Cross
"The Red Cross message has never been more pertinent.
(...) Non-discrimination, tolerance and respect for cultural
diversity are values that we must proclaim ever more loudly
in the face of barbarity and war in all its guises, so that
we can better assume our responsibility of assisting all the
victims. (...) In times of war and disaster, it is up to the
political and military authorities to create the security
conditions enabling humanitarian actors to reach the victims
and to provide them with logistical support."
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Marc Gentilini
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Amadou Toumani Touré
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Amadou Toumani Touré
United Nations (UN) Special Representative for Africa, former
president of Mali
"Humanitarian action must not operate to the detriment
of prevention and the search for political solutions to conflicts.
Humanitarian assistance has to be distributed fairly, or it
risks fanning tensions between different ethnic groups. Increasingly,
it must incorporate a development perspective. (...) Humani-tarian
agencies also need to adopt a more cohesive approach through
mutually agreed codes of conduct. This will avoid having too
many crocodiles in the same swamp!"
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Françoise Bouchet-Saulnier
Lawyer for Médecins sans Frontières
"I think it is very important, when talking about accountability,
to know whom we mean and what type of responsibility each
actor is capable of assuming. Shared accountability presupposes
that we must sometimes resist taking collective responsibility
of the kind that manifests itself in coalitions and coordination,
a current major trend in humanitarian action. We must recognize
the contradictory nature of this tendency to 'globalize' humanitarian
action and, in the interests of efficacy, define specific
- yet interlinked - responsibilities."
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Françoise Bouchet-Saulnier
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Alain Pellet
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Alain Pellet
Professor of Law at Paris X-Nanterre, member of the UN's International
Law Commission
"Accountability is the very essence of the law, this
law which is always one step behind a crisis... The turmoil
we have witnessed in recent years has shown that a lapse of
accountability in international law can have severe repercussions.
Indeed, in the most serious cases, states and the international
community can henceforth seize the bull by the horns and demand
an end to such lapses, as they did, for example, in Kosovo.
By bringing the perpetrators of the most serious crimes to
justice, the International Criminal Court is also making it
known that the battle against impunity is making headway."
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Jacques de Naurois
Director, institutional relations, Total Fina Elf (a multinational
oil company)
"Businesses are entering into a dialogue with humanitarian
organizations. Some of them are incorporating the concept
of development into their missions. (...) In regions where
insecurity prevails, we are trying to work on the basis of
a code of conduct establishing ethical criteria."
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Jacques de Naurois
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Hubert Védrine
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Hubert Védrine
French Minister of Foreign Affairs
"We live in a hard world, and it is not getting any
easier. The major upheavals we are experiencing preceded 11
September: nation states are losing their monopoly over international
relations as the media and civil society grow in importance.
This is the reality which determines the accountability of
the actors.
"Today, the international game is played out in 189
countries, the UN, international organizations, a host of
non-governmental organizations (NGOs) and the big corporations.
Governments view accountability in terms of intervention.
Intervention is provided for in Chapter 7 of the UN Charter,
subject to the agreement of the permanent members of the Security
Council. (...) We have made progress in that we can now no
longer really oppose taking international action when intolerable
suffering is taking place. However, we must not throw the
sovereignty of states out of the window, for that would open
the door to the warlords. We must stick to legitimate intervention
governed by self-imposed criteria established by the Security
Council. (...)
"NGOs need to be more transparent and multinationals
need to integrate ethical principles into their practices."
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Text edited by Jean-François
Berger.
Jean-François Berger is ICRC editor of Red Cross,
Red Crescent.
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