BRINGING IHL HOME: A ROAD MAP FOR BETTER NATIONAL IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW

The 33rd International Conference of the Red Cross and Red Crescent,

reaffirming that international humanitarian law (IHL) remains as relevant today as ever before in international and non-international armed conflicts, even as contemporary warfare presents new developments and challenges,

recalling that IHL, as applicable, must be fully applied in all circumstances, without any adverse distinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the parties to the conflict,

recognizing that the efforts carried out by States and the components of the International Red Cross and Red Crescent Movement (Movement) to eliminate or minimize dire humanitarian consequences of armed conflicts could also contribute to addressing the root causes of conflict and its various consequences,

recalling that persons taking no active part in the hostilities shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria,

recognizing that women, men, girls and boys of different ages, disabilities and backgrounds can be affected differently by armed conflict, and that these differences need to be considered when implementing and applying IHL, in order to safeguard adequate protection for all,

stressing that the best interests of the child as well as the specific needs and vulnerabilities of girls and boys should be duly considered when planning and carrying out military training and humanitarian actions, as appropriate,

highlighting that 2019 marks the 70th anniversary of the adoption of the 1949 Geneva Conventions, welcoming their universal ratification, and expressing the hope that other IHL treaties will also achieve universal acceptance,

stressing that parties to armed conflicts have taken measures in many instances to ensure during their military operations that IHL is respected, such as when cancelling or suspending attacks on military objectives because the expected incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, would be excessive in relation to the concrete and direct military advantage anticipated; when enabling civilians to exchange personal news with family members, wherever they may be; or when treating detainees humanely,

deeply concerned nevertheless that there continue to be violations of IHL, which can cause dire humanitarian consequences, and stressing that better respect for IHL is an indispensable prerequisite for minimizing negative humanitarian consequences and thereby improving the situation of victims of armed conflict,

recalling that domestic implementation of international obligations plays a central role in fulfilling the obligation to respect IHL, and recognizing the primary role of States in this regard,

noting the significant role and mandates of the components of the Movement in promoting the application of IHL and in accordance with the Statutes of the Movement, in particular the unique role of National Red Cross and Red Crescent Societies (National Societies) as auxiliaries to the public authorities in the humanitarian field, based on which they disseminate and assist their governments in disseminating IHL and take initiatives in this respect, and cooperate with their governments to ensure respect for IHL and to protect the distinctive emblems recognized by the Geneva Conventions and their Additional Protocols,

recognizing the positive impact that the integration of IHL into military practice can have on battlefield behaviour, for example, through issuance of doctrine, procedures that incorporate IHL principles and concepts, legal advisers advising commanders on IHL during military operations, and training on IHL commensurate with individuals’ military duties and responsibilities,

stressing the basic value of respect for human dignity in times of armed conflict, which is enshrined in IHL but also in the rules and principles of different faiths and traditions, as well as military ethics, and recognizing the importance of dialogue among relevant actors and ongoing efforts in this respect,

emphasizing the vital importance of building on existing efforts to achieve more effective implementation and dissemination of IHL and of demonstrating the benefits of IHL for all parties to armed conflict and for the protection of all victims of armed conflict,

convinced that the measures recommended below provide a useful road map for effective implementation of IHL at the national level,

1. 1. urges all parties to armed conflicts to fully comply with their obligations under IHL;

2. 2. calls upon States to adopt necessary legislative, administrative and practical measures at the domestic level to implement IHL, and invites States to carry out, with the support of the National Society where possible, an analysis of the areas requiring further domestic implementation;

3. 3. acknowledges with appreciation States’ efforts and initiatives taken to disseminate IHL knowledge and promote respect for IHL, by raising awareness among civilians and military personnel, and to put in place implementation measures, and strongly encourages the intensification of such measures and initiatives;

4. 4. encourages all States that have not already done so to consider ratifying or acceding to IHL treaties to which they are not yet party, including the Protocols additional to the Geneva Conventions, and recalls that States may declare that they recognize the competence of the International Fact-Finding Commission as established under Article 90 of Protocol I additional to the Geneva Conventions and that this may contribute to an attitude of respect for IHL;

5. 5. acknowledges the effective role and increasing number of national committees and similar entities on IHL involved in advising and assisting national authorities in implementing, developing and spreading knowledge of IHL, and encourages States that have not yet done so to consider establishing such an entity;

6. 6. recalls the outcomes of the fourth universal meeting of national committees and similar entities on IHL held in 2016, and calls for the strengthening of cooperation between such entities on the international, regional and cross-regional levels, in particular by attending and actively participating in the universal, regional and other regular meetings of such entities, as well as through the new digital community for national committees and similar entities on IHL, created on the basis of the recommendations made by the participants in the 2016 universal meeting;

7. 7. strongly encourages States to make every effort to further integrate IHL into military doctrine, education and training, and into all levels of military planning and decision – making, thereby ensuring that IHL is fully integrated into military practice and reflected in military ethos, and recalls the importance of the availability within States’ armed forces of legal advisers to advise commanders, at the appropriate level, on the application of IHL;

8. 8. encourages States and the components of the Movement, in particular National Societies, to take concrete, and where appropriate, coordinated activities, including through partnerships with academics and practitioners where suitable, to disseminate IHL effectively, paying particular attention to those called upon to implement or apply IHL, such as military personnel, civil servants, parliamentarians, prosecutors and judges, while continuing to disseminate IHL at the domestic level as widely as possible to the general public, including to youth;

9. 9. calls upon States to protect the most vulnerable people affected by armed conflicts, in particular women, children and persons with disabilities, and to provide that they receive timely, effective humanitarian assistance;

10. 10. encourages States and the components of the Movement, while continuing to rely on proven effective methods of dissemination of IHL, to explore new innovative and appropriate methods to promote respect for IHL, including using digital and other means, such as video games, and where possible to consider therein the voices of people affected by armed conflict and their perception of IHL;

11. 11. recalls the obligations of High Contracting Parties to the Geneva Conventions and Additional Protocol I to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any grave breaches of the Geneva Conventions and Additional Protocol I, as applicable, and to take measures necessary for the suppression of all other acts contrary to those Conventions or to other applicable IHL obligations, and further recalls obligations with respect to the repression of serious violations of IHL;

12. 12. also recalls the obligations of the High Contracting Parties of the Geneva Conventions and Additional Protocol I to search for persons alleged to have committed, or have ordered to be committed, such grave breaches, and to bring such persons, regardless of their nationality, before their own courts or, in accordance with provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case;

13. 13. invites States to share examples of and exchange good practices of national implementation measures taken in accordance with IHL obligations as well as other measures that may go beyond States’ IHL obligations, including by making use of existing tools and of national committees and similar entities on IHL, where they exist, consistent with International Conference resolutions, including this road map.

ADDRESSING MENTAL HEALTH AND PSYCHOSOCIAL NEEDS OF PEOPLE AFFECTED BY ARMED CONFLICTS, NATURAL DISASTERS AND OTHER EMERGENCIES

The 33rd International Conference of the Red Cross and Red Crescent,

expressing deep concern about the unmet mental health and psychosocial needs of people affected by armed conflicts, natural disasters and other emergencies, including the needs of migrants, refugees and internally displaced persons, stressing that mental health and psychosocial needs increase extensively as a result of these situations and that pre-existing conditions may resurface or be exacerbated, and underscoring the urgent demand to increase efforts to respond to them by means of prevention, promotion, protection and assistance,

recognizing that mental health and psychosocial well-being are critical to the survival, recovery and daily functioning of people affected by armed conflicts, natural disasters and other emergencies, to their enjoyment of human rights and fundamental freedoms and to their access to protection and assistance,

recalling the Constitution of the World Health Organization, which recognizes that health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity; and further recognizes that the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, or economic or social condition,

recognizing that early and appropriate mental health and psychosocial support is important to prevent distress from developing into more severe conditions and that children and youth face particular risks if their mental health and psychosocial needs are not addressed early, and acknowledging that most people show resilience and do not develop mental health conditions provided they have access to basic services and family- and community-level resources,

recognizing also that unmet mental health and psychosocial needs have far-reaching and long – term negative human, social and economic impacts, which affect individuals, communities and society as a whole, and that meeting these needs, in particular in armed conflicts, natural disasters and other emergencies, is critical to achieving universal health coverage and the Sustainable Development Goals,

recalling Resolution 3, “Sexual and Gender-Based Violence: Joint Action on Prevention and Response”, of the 32nd International Conference of the Red Cross and Red Crescent (International Conference), which calls upon States and National Red Cross and Red Crescent Societies (National Societies) to make every feasible effort to ensure, insofar as possible, that survivors of sexual violence and, where appropriate, gender-based violence have unimpeded and ongoing access to psychological and psychosocial support,

recognizing that the mental health and psychosocial well-being of volunteers and staff responding to humanitarian needs is often affected as they are exposed to risks and potentially traumatic events and work under stressful conditions, and that the safety, security, health and well-being of staff and volunteers are vital to the provision of sustainable quality services, and recalling the relevant recommendations and commitments set out in Resolution 4, “Health Care in Danger: Continuing to Protect the Delivery of Health Care Together”, and Resolution 5, “The Safety and Security of Humanitarian Volunteers”, of the 32nd International Conference,

recognizing also that factors such as, but not limited to, pre-existing mental health conditions, substance use and addictive behaviours, age, gender, disability, state of health, socio – economic status, ethnicity, legal status, deprivation of liberty, displacement and exposure to violence can further increase risk and impact needs and vulnerability and that diversity factors should be considered in order to ensure effective access to, and the culturally sensitive provision of, mental health and psychosocial support services for all people affected,

reaffirming the fundamental premise and commitment to “do no harm” by taking into account the perspectives of people with lived experience, and by promoting applicable standards of care, ethical and professional guidelines and evidence-informed, participatory and culturally sensitive approaches that protect and promote mental health and psychosocial well-being,

recognizing that the stigma and often hidden nature of mental health and psychosocial needs are key challenges that need to be addressed with medium- and long-term strategies, as appropriate to the context, at individual, family, community and societal levels,

affirming that the existing international legal frameworks, including international humanitarian law and international human rights law, as applicable, provide for protections that may be relevant to mental health and psychosocial well-being, and recognizing that respect for those protections may significantly contribute to addressing the challenges in preventing and meeting mental health and psychosocial needs,

affirming also that States have the primary responsibility to address the humanitarian needs, including mental health and psychosocial needs, of people affected by armed conflicts, natural disasters and other emergencies, in accordance with the applicable legal frameworks,

recognizing that the components of the International Red Cross and Red Crescent Movement (Movement) have important complementary and supportive roles in addressing the mental health and psychosocial needs of affected people, including the role of National Societies as auxiliaries to the public authorities in the humanitarian field, as reflected in the Geneva Conventions of 1949, their Additional Protocols of 1977, the Statutes of the Movement and resolutions of the International Conference,

acknowledging the important and diverse work carried out by the components of the Movement to address mental health and psychosocial needs, including basic psychosocial support through to specialized mental health care provided in close proximity to the affected people and their communities, welcoming the Movement's efforts to strengthen its response to these needs, and taking note of the Movement's new policy on addressing mental health and psychosocial needs adopted by the 2019 Council of Delegates,

recalling all relevant resolutions adopted by the International Conference and the United Nations (UN) and other commitments addressing mental health and psychosocial needs, including Resolution 29 of the 25th International Conference, expressing appreciation for existing relevant work and initiatives by the World Health Organization and other relevant agencies and parts of the UN system, regional organizations, States, humanitarian organizations and other relevant actors aimed at addressing mental health and psychosocial needs,

underlining the complementary character of the work of the Movement and the International Conference in relation to the above work and initiatives, and emphasizing the importance of coordinating the response with other local and international actors and building on local needs and available resources,

1. 1. calls upon States, National Societies, the International Federation of Red Cross and Red Crescent Societies (IFRC) and the International Committee of the Red Cross (ICRC) to increase efforts to ensure early and sustained access to mental health and psychosocial support services by people affected by armed conflicts, natural disasters and other emergencies;

2. 2. also calls upon States, National Societies, the IFRC and the ICRC to invest in local and community-based action, embedded in local and national services, on a longer-term basis to prevent, prepare for and respond to mental health and psychosocial needs, including by strengthening local and community resilience and the capacities of volunteers;

3. 3. encourages States and National Societies to enhance their cooperation to address these needs, as appropriate, building on the National Societies’ often unique humanitarian access to affected people and auxiliary role to the public authorities in the humanitarian field;

4. 4. calls upon States, National Societies, the IFRC and the ICRC, in accordance with their respective roles, mandates and capacities, to ensure that mental health and psychosocial support responses include psychosocial, psychological and specialized mental health care;

5. 5. also calls upon States and the components of the Movement to integrate mental health and psychosocial support into all activities addressing humanitarian needs, including prevention and protection, and ensure that mental health and psychosocial support and responses addressing other humanitarian needs, such as shelter, food, livelihoods, education and support to separated families and families of the missing, are mutually reinforcing;

6. 6. calls upon States to ensure that mental health and psychosocial support is an integral component in domestic and international emergency response systems, including disaster laws, preparedness plans and emergency response coordination mechanisms, and calls upon the components of the Movement, particularly National Societies, to support this effort in accordance with their respective mandates;

7. 7. calls upon States and the components of the Movement to take action to address stigma, exclusion and discrimination related to mental health and psychosocial needs through approaches that respect the dignity and reinforce the participation of affected people, in particular persons with lived experiences, in a context-specific, culturally sensitive and faith-sensitive way;

8. 8. encourages States to work to strengthen the quality and capacity of the workforce, including volunteers, responding to the mental health and psychosocial needs of people affected by armed conflicts, natural disasters and other emergencies, in close coordination and cooperation with the components of the Movement;

9. 9. calls upon States and the components of the Movement to take measures to protect and promote the mental health and psychosocial well-being of staff and volunteers who are responding to humanitarian needs across all sectors, equipping them with the necessary skills, tools and supervision to cope with stressful situations and responding to their specific mental health and psychosocial needs.

TIME TO ACT: TACKLING EPIDEMICS AND PANDEMICS TOGETHER

The 33rd International Conference of the Red Cross and Red Crescent,

expressing deep concern over the threat that epidemics and pandemics pose to global health, the economy and stability, particularly in the world's most vulnerable areas and in complex settings where epidemics may be particularly difficult to address,

acknowledging the increasing recognition and importance of effective preparedness, which can save time, money and lives,

recalling Sustainable Development Goal 3 and its aim to ensure healthy lives and promote well-being for all at all ages,

also recalling that the Statutes of the International Red Cross and Red Crescent Movement (Movement) recognize that National Societies cooperate with the public authorities in the prevention of disease, the promotion of health and the mitigation of human suffering for the benefit of the community,

further recalling that Resolution 2 of the 30th International Conference of the Red Cross and Red Crescent (International Conference) recognized that public authorities and National Societies, as auxiliaries in the humanitarian field, enjoy a specific and distinctive partnership, entailing mutual responsibilities and benefits, based on international and national laws, in which the national public authorities and the National Society agree on the areas in which the latter supplements or substitutes for public humanitarian services within its mandate and in conformity with the Fundamental Principles,

further recalling that Resolution 4 of the 31st International Conference encouraged relevant government departments and other donors to provide a predictable and regular flow of resources adapted to the operational needs of their National Societies,

recalling that Resolution 1 of the 30th International Conference stressed the need to strengthen health systems and develop national health plans with the involvement of National Societies and to include the empowerment of volunteers and affected groups,

acknowledging the importance of the complementarity and coordination of the actions of the different components of the Movement to prevent, mitigate and respond to epidemics and pandemics with the action of other relevant actors in the field,

acknowledging that epidemics and pandemics may have a different impact on girls, boys, women and men and on young and older persons as well as on people living with disabilities and people with chronic health conditions and others whose circumstances may make them more vulnerable at the time of an epidemic or pandemic,

recognizing with gratitude the humanitarian work undertaken by the International Committee of the Red Cross (ICRC), the International Federation of Red Cross and Red Crescent Societies (IFRC) and National Societies, working closely with key partners such as the World Health Organization, in response to recent epidemics and pandemics, including outbreaks of measles, polio, dengue and cholera, Ebola virus disease outbreaks and the Zika virus disease epidemic,

acknowledging the wide range of activities that Movement components regularly undertake to prepare for and respond to the needs of vulnerable communities before, during and after epidemics and pandemics,

acknowledging the commitment of States Parties to the International Health Regulations (2005) (IHR) to ensure the effective core capacities to prevent, detect, assess, report and respond to epidemics and pandemics,

emphasizing the importance of National Societies working in close coordination with national authorities and other local and international organizations responding to epidemics and pandemics in order to assist States Parties in meeting their obligations to comply with the IHR,

emphasizing the role that National Societies, the ICRC and the IFRC could play, in collaboration with other partners such as the World Health Organization, in further strengthening countries’ epidemic and pandemic core capacities, including, but not limited to, planning, preparedness, coordination with other local and international organizations, prevention and control, immunization, community engagement and accountability, communication with the public, and emergency response,

recalling the WHO Health Emergency and Disaster Risk Management Framework,

acknowledging that neutral, impartial and independent humanitarian action extending beyond the provision of clinical care is a critical tool in epidemic and pandemic response, particularly in areas of insecurity,

recalling the obligations to respect and protect the wounded and sick and health-care personnel and facilities, as well as medical transports, and to take all reasonable measures to ensure safe and prompt access to health care for the wounded and sick, in times of armed conflict or other emergencies, in accordance with the applicable legal frameworks,

taking into account the particular challenges in meeting health needs when epidemics occur in areas where health care is under-resourced and where access to care is difficult,

1. 1. invites States to enable and facilitate Movement components, in accordance with their mandates and capacities and with international law, to contribute to a predictable and coordinated approach to epidemics and pandemics, including effective international cooperation and coordination, and engagement with and support to affected communities;

2. 2. encourages States to include National Societies, according to their mandate and capacities and as humanitarian auxiliaries to their public authorities, in national disease prevention and control and multi-sectoral preparedness and response frameworks and, where possible, to provide funding in support of their role in this regard;

3. 3. further encourages National Societies to offer support to their public authorities, as appropriate, in their State's efforts to strengthen core capacities as part of obligations to comply with the IHR, ensuring that special provisions are effectively in place for the efficient and expedited delivery of a public health response for affected populations during crisis situations, coordinating with other local and international organizations and focusing, in particular, on building early warning and rapid response capacity in hard-to-reach, vulnerable, underserved and high-risk communities, with due attention to the varied needs of girls, boys, men and women;

4. 4. emphasizes the need for promotion of active community engagement in outbreak prevention, preparedness and response, based on a multi-sectoral, multi-hazard and whole-of-society approach, and encourages States and National Societies to build on evidence-based approaches to community-centric outbreak prevention, detection and response;

5. 5. also encourages States and National Societies to further develop innovative tools, guidance and strategies to support implementation of the above measures and to strengthen their capabilities to respond and to utilize data and technology to improve the quality of response to epidemics and pandemics;

6. 6. reiterates the importance of prioritizing and investing in prevention and preparedness as well as providing catalytic funding to support early action, including by National Societies;

7. 7. reiterates also the importance of mobilizing resources and building capacities to enable developing countries and their National Societies to respond to epidemic and pandemic threats;

8. 8. calls upon Movement components, public authorities and all other actors to take appropriate steps, in accordance with their national and regional contexts, to ensure, as far as possible, that the health and safety of their volunteers and staff responding to epidemics/pandemics, including mental health and psychosocial well-being, are adequately maintained;

9. 9. requests the IFRC to prepare a progress report on the implementation of this resolution to the 34th International Conference in 2023.

RESTORING FAMILY LINKS WHILE RESPECTING PRIVACY, INCLUDING AS IT RELATES TO PERSONAL DATA PROTECTION

The 33rd International Conference of the Red Cross and Red Crescent,

concerned by the numbers of families separated and people going missing as a result of, inter alia, armed conflicts, disasters and other emergencies, forced displacement, as well as in the context of migration, smuggling of migrants and trafficking of persons, by the lack of sufficient measures to prevent people from going missing and to clarify the fate and whereabouts of those who do, by the fact that many human remains are never identified and by the suffering of families who do not know the fate and whereabouts of their loved ones,

recalling the long-standing cooperation between States and the International Red Cross and Red Crescent Movement (Movement) to restore family links (RFL),

recalling also the importance of clarifying the fate and whereabouts of missing persons, and of restoring and maintaining contact between separated family members, and relevant international obligations, in particular those related to the right of families to know the fate of their relatives, as applicable,

recalling further the mandate of the International Committee of the Red Cross (ICRC) based on the Geneva Conventions of 1949, their Additional Protocols of 1977, the Statutes of the Movement and resolutions of the International Conference of the Red Cross and Red Crescent (International Conference), and recalling, in this regard, the Central Tracing Agency of the ICRC, including its role as coordinator and technical adviser to National Red Cross and Red Crescent Societies (National Societies) and governments, as defined in the report adopted by the 24th International Conference,

recalling further the mandate of National Societies as auxiliaries to the public authorities in the humanitarian field, as reflected in the Geneva Conventions of 1949, their Additional Protocols of 1977, the Statutes of the Movement and resolutions of the International Conference, including Resolution 2 of the 30th International Conference and Resolution 4 of the 31st International Conference,

recalling further the adoption by the Movement of its Restoring Family Links Strategy (2008–2018) in Resolution 4 of the 2007 Council of Delegates,

recalling further that personal data protection is closely related to privacy, and taking into account that processing of personal data is an integral part of RFL services and necessary for the performance of the mandate of the components of the Movement,

recognizing that it is important for beneficiaries to be able to trust all components of the Movement with their personal data, and that their data is protected,

recalling that the ICRC and the International Federation of Red Cross and Red Crescent Societies and their employees and representatives enjoy privileges and immunities, to the extent applicable, in order to enable them to perform their respective mandates and to do so in full conformity with the Movement's Fundamental Principles of neutrality, impartiality and independence,

concerned that humanitarian organizations may come under pressure to provide personal data collected for humanitarian purposes to authorities wishing to use such data for other purposes,

1. 1. calls upon States to take effective measures to prevent persons from going missing, to clarify the fate and whereabouts of persons who have gone missing, to restore family links and facilitate reunification of families, and to avoid, as far as possible, family separation, consistent with applicable legal frameworks, and encourages States to consider measures to protect men, women, boys and girls, in particular those in vulnerable situations, including persons with disabilities;

2. 2. requests States to take all possible measures, consistent with applicable international obligations, to ensure the dignified treatment of people who have died as a result of armed conflicts, disasters and other emergencies, as well as in the context of migration, and to centralize and analyze data in accordance with applicable legal frameworks in order to try to identify deceased persons and provide answers to their families, and welcomes the support provided in this process by the ICRC in the form of forensic expertise;

3. 3. calls upon the components of the Movement to work closely with States, in line with their mandates and the Movement's Fundamental Principles, and also calls upon States to make use of the services of their National Society, in its role as an auxiliary to the public authorities in the humanitarian field, to clarify the fate and whereabouts of missing persons and to enable individuals and their families to establish, restore or maintain contact, including along migratory routes;

4. 4. notes the adoption by the Movement of its Restoring Family Links Strategy 2020–2025 in Resolution 6 of the 2019 Council of Delegates, and encourages States to continue their support for the services of the components of the Movement in the field of RFL, as appropriate, in particular by:

   1. a. reaffirming and recognizing the specific role of the National Society of their country in providing RFL services, if applicable;

   2. b. strengthening the National Society's capacities, including through the provision of resources;

   3. c. ensuring that the National Society has a clearly defined role in the context of the country's overall disaster risk management laws, policies and plans;

   4. d. exploring and establishing partnerships with the components of the Movement to provide connectivity to help separated families restore and maintain family links;

   5. e. granting the components of the Movement access to places where there are people in need of RFL services;

   6. f. cooperating with the components of the Movement, in accordance with their mandates and national, regional and international legal frameworks, by facilitating, if necessary, access to relevant personal data and responding to inquiries they may make in order to help establish the fate and whereabouts of missing persons;

5. 5. recalls that the Movement processes personal data under the framework set out in the Restoring Family Links Code of Conduct on Data Protection;

6. 6. recognizes the difficulty, and often impossibility, of acquiring consent in cases of missing or separated families, and the necessity that components of the Movement continue to rely upon alternative valid bases for processing of personal data, including as reflected in section 2.2 of the Restoring Family Links Code of Conduct on Data Protection, such as important grounds of public interest, vital interest, and compliance with a legal obligation;

7. 7. welcomes the Movement's efforts to proactively address and provide adequate safeguards against the risks associated with personal data processing, and encourages the Movement to continue to enhance the effectiveness of data processing practices;

8. 8. recognizes that the misuse of data may result in violations of privacy obligations that are set out in national, regional and international legal frameworks, including as such obligations relate to personal data protection, and may have a serious impact on the beneficiaries of RFL services and be detrimental to their safety and to humanitarian action more generally;

9. 9. also recognizes that it is of utmost importance to ensure that the processing and transfer of personal data between the components of the Movement for the particular purpose of providing RFL services remain as unrestricted as possible, consistent with the Restoring Family Links Code of Conduct on Data Protection, relevant international humanitarian law (IHL) instruments and the Statutes of the Movement;

10. 10. further recognizes that, whenever any component of the Movement collects, retains or otherwise processes personal data in the performance of RFL services, it should do so for purposes that are compatible with the exclusively humanitarian nature of its mandate, and calls upon States to respect the humanitarian purpose of the Movement's processing of personal data, in line with Articles 2 and 3 of the Statutes of the Movement;

11. 11. urges States and the Movement to cooperate to ensure that personal data is not requested or used for purposes incompatible with the humanitarian nature of the work of the Movement, and in conformity with Article 2, including paragraph 5 thereof, of the Statutes of the Movement, or in a manner that would undermine the trust of the people it serves or the independence, impartiality and neutrality of RFL services;

12. 12. welcomes the Movement's Restoring Family Links Code of Conduct on Data Protection as an appropriate foundation for personal data protection;

13. 13. requests the Movement to periodically review and update the Restoring Family Links Code of Conduct on Data Protection, and requests States to support the components of the Movement in their efforts to implement it.

WOMEN AND LEADERSHIP IN THE HUMANITARIAN ACTION OF THE INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT

The 33rd International Conference of the Red Cross and Red Crescent,

recalling the mission of the International Red Cross and Red Crescent Movement (Movement) to prevent and alleviate human suffering wherever it may be found, to protect life and health and to ensure respect for the human being,

affirming the importance of women being represented at the decision – making level, in the spirit of the Fundamental Principles of the Movement,

recognizing and recalling previous relevant resolutions of the statutory meetings of the Movement, including Resolution 12 of the 2017 Council of Delegates, “Reinforcing Gender Equality and Equal Opportunities in the Leadership and Work of the International Red Cross and Red Crescent Movement”, calling upon the International Committee of the Red Cross (ICRC), the International Federation of Red Cross and Red Crescent Societies (IFRC), National Red Cross and Red Crescent Societies (National Societies) and the Standing Commission of the Red Cross and Red Crescent to take concrete measures to address the question of gender equality and equal opportunities at all levels of their own leadership, and recognizing and recalling as well relevant global non-Movement commitments,

recognizing women as agents in risk reduction and first responders in humanitarian crises, including armed conflicts, natural disasters and other emergencies, and the importance of their perspectives always being heard and included from the outset in humanitarian responses, particularly in those countries most affected by humanitarian crises,

recognizing that the empowerment and inclusion of women and girls should extend not only to their essential contributions to crisis prevention, mitigation and response, but also to development assistance, peacebuilding, mediation, reconciliation and reconstruction, and conflict prevention, and that the inclusion of and leadership from women from different backgrounds are crucial to the success of these efforts and should be promoted, facilitated and enabled,

recognizing the importance of women's groups and women from different backgrounds being involved in decision-making, so as to ensure that the humanitarian needs and priorities in the community are met and the diversity of everyone in the society that they belong to is represented,

remaining deeply concerned about the under-representation of women in governing bodies and senior management positions across all Movement components and in humanitarian organizations in general,

expressing deep concern about the under-representation of women in processes and bodies related to humanitarian work, including in senior positions in national, regional and international institutions, and about the lack of support for women assuming leadership roles in these settings,

expressing appreciation for the work being done and initiatives being carried out by the United Nations, regional organizations, States, humanitarian organizations and others aiming to enhance the role and responsibilities of women in the humanitarian sector, and underlining the complementary character of that work and those initiatives with the work of the Movement and of the International Conference of the Red Cross and Red Crescent (International Conference),

expressing appreciation also for the work carried out and efforts made so far by the components of the Movement to address gender inequalities and achieve gender parity, in accordance with their respective mandates and institutional focuses,

1. 1. urges National Societies, the IFRC and the ICRC to increase the representation of women from different backgrounds at all decision-making levels, including in governing bodies and management positions;

2. 2. requests that National Societies, the IFRC and the ICRC actively seek out and identify women leaders, particularly women in those countries most affected by humanitarian crises, and invest in them, and support and strengthen the pipeline of future women leaders through various means, such as career-path development and leadership programmes targeting women;

3. 3. urges National Societies, the IFRC and the ICRC to reach gender parity by 2030 at all levels, including in governing bodies and management, and calls on them to develop a more uniform, reliable and rigorous approach to gathering accurate, reliable, timely and sex-disaggregated information to be able to monitor and ensure progress;

4. 4. encourages States, National Societies, the IFRC and the ICRC to invest in research, involving women to identify good practices and how to remove the barriers to women's participation, in particular in leadership and decision-making in humanitarian responses;

5. 5. urges States, National Societies, the IFRC and the ICRC to support women's full, equal and meaningful participation, leadership and decision-making in international humanitarian forums at the global, regional and national levels;

6. 6. requests that National Societies, the IFRC and the ICRC report back on the progress on the implementation of this resolution to the 34th International Conference.

ACT TODAY, SHAPE TOMORROW

The 33rd International Conference of the Red Cross and Red Crescent,

recalling and celebrating the establishment 100 years ago of the League of Red Cross Societies, now the International Federation of Red Cross and Red Crescent Societies (IFRC), by its founding National Societies, the American Red Cross, the British Red Cross, the French Red Cross, the Italian Red Cross and the Japanese Red Cross Society, amidst a devastating influenza pandemic, with the stated goals “to strengthen and unite, for health activities, already-existing Red Cross Societies and to promote the creation of new Societies”,

commending the IFRC network for its 100 years of service before, during and after crises, for bringing hope to vulnerable persons and aid to those in need, and for raising its voice on behalf of peace, dignity and the safety and well-being of communities to the highest level of government and international diplomacy,

celebrating the 70th anniversary of the four Geneva Conventions of 1949, and recognizing and reaffirming their acute relevance to the protection of victims of armed conflict and to reducing war's cost to humanity,

expressing its appreciation for the measures undertaken by States and by the components of the International Red Cross and Red Crescent Movement (Movement) in the implementation of the commitments adopted at the 32nd International Conference of the Red Cross and Red Crescent (International Conference),

taking note of the Factual Report on the Proceedings of the Intergovernmental Process on Strengthening Respect for IHL (Resolution 2 of the 32nd International Conference), prepared by the International Committee of the Red Cross (ICRC) and Switzerland, and of the progress report Strengthening International Humanitarian Law: Protecting Persons Deprived of Their Liberty (Resolution 1 of the 32nd International Conference), prepared by the ICRC,

taking note also of the 2019 report International Humanitarian Law and the Challenges of Contemporary Armed Conflicts: Recommitting to Protection in Armed Conflict on the 70th Anniversary of the Geneva Conventions,

taking note further of the outcomes of the 2019 Council of Delegates of the Movement, as referenced in the report delivered to the 33rd International Conference by the chair of the Council, in particular:

• • Resolution 1, “Movement-Wide Commitments for Community Engagement and Accountability”

• • Resolution 2, “Statement on Integrity of the International Red Cross and Red Crescent Movement”

• • Resolution 8, “Adopting a Movement Statement on Migrants and Our Common Humanity”,

expressing appreciation for the individual and collective pledges made by members and observers of the 33rd International Conference,

taking note of the International Conference chair's paper, the report by the chair of the Drafting Committee and the report on the work of the 33rd International Conference as delivered by the Conference rapporteur,

1. 1. recognizes that trust in principled humanitarian action is indispensable to the Movement's ability to serve vulnerable persons, and encourages all members of the 33rd International Conference to act to preserve and develop this trust;

2. 2. calls upon all members of the 33rd International Conference to act upon and to make their best effort to fully implement the resolutions of the International Conference and the individual and joint pledges to which they have subscribed;

3. 3. takes note of Resolution 4 of the 2019 Council of Delegates which urges all the members of the International Conference to take into account, in all future elections of the Standing Commission of the Red Cross and Red Crescent (Standing Commission), the candidates’ personal qualities, the principle of fair geographical distribution and the equitable balance between men and women;

4. 4. requests the ICRC and the IFRC to report to the 34th International Conference on the follow-up by International Conference members on the resolutions and pledges of the 33rd International Conference;

5. 5. decides to hold an International Conference in 2023, the date and place of which shall be determined by the Standing Commission.

DISASTER LAWS AND POLICIES THAT LEAVE NO ONE BEHIND

The 33rd International Conference of the Red Cross and Red Crescent,

recalling its prior resolutions focused on disaster laws, in particular Final Goal 3.2 of the 28th International Conference of the Red Cross and Red Crescent (International Conference), Resolution 4 of the 30th International Conference, Resolution 7 of the 31st International Conference and Resolution 6 of the 32nd International Conference on strengthening legal frameworks for disaster risk management, Resolution 3 of the 32nd International Conference on sexual and gender-based violence, and Resolution 1 and the “Declaration: Together for Humanity” of the 30th International Conference in regard to the humanitarian consequences of environmental degradation and climate change,

recalling United Nations General Assembly Resolution 46/182 of 19 December 1991, and other subsequent resolutions on these matters, as well as all UNGA resolutions on international cooperation on humanitarian assistance in the field of natural disasters,

recalling further United Nations General Assembly Resolution 73/139 of 2018, which encouraged States to strengthen their regulatory frameworks for international disaster assistance, taking the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (known as the IDRL Guidelines) into account,

welcoming the progress that many States have made in strengthening their disaster laws since the 32nd International Conference, drawing, inter alia, on advice and support from their National Societies, and commending the States and National Societies that have made productive use of the Checklist on Law and Disaster Risk Reduction as a reference tool, as recognized in Resolution 6 of the 32nd International Conference,

noting the research completed by the International Federation of Red Cross and Red Crescent Societies (IFRC) in the area of disaster law since the 32nd International Conference, including the findings of its 2017 report Effective Law and Policy on Gender Equality and Protection from Sexual and Gender-Based Violence in Disasters and the Law and Disaster Preparedness and Response Multi-Country Synthesis Report of 2019,

noting the Intergovernmental Panel on Climate Change (IPCC) special report on the impacts of global warming of 1.5°C,

noting that, in the 2030 Agenda for Sustainable Development, the Heads of State and Government and High Representatives pledged “that no one will be left behind”, stated that they would “endeavour to reach the furthest behind first”, and included targets in the Sustainable Development Goals related to resilience to disasters and climate change,

noting that the Sendai Framework for Disaster Risk Reduction highlighted the importance of promoting “the coherence and further development, as appropriate, of national and local frameworks of laws, regulations and public policies” and of assigning “as appropriate, clear roles and tasks to community representatives with disaster risk management institutions and processes and decision-making through relevant legal frameworks”,

acknowledging that the United Nations Framework Convention on Climate Change is the primary international, intergovernmental forum for negotiating the global response to climate change,

noting that the objectives of the Paris Agreement include, inter alia, “increasing the ability to adapt to the adverse impacts of climate change and foster climate resilience and low greenhouse gas emissions development, in a manner that does not threaten food production”, and that the agreement states that its parties “shall, as appropriate, engage in adaptation planning processes and the implementation of actions, including the development or enhancement of relevant plans, policies and/or contributions”,

noting the potential interplay between disasters, climate change, environmental degradation and fragility, the catalytic role of disaster risk reduction in scaling up action on climate adaptation, and the critical role of disaster risk reduction in the achievement of the Sustainable Development Goals,

noting the focus on resilience and adaptation at the 2019 UN Climate Summit, the Global Commission on Adaptation's “Preventing Disasters” Action Track and the establishment of the Risk-Informed Early Action Partnership,

noting the initiative of the IFRC, together with academic partners, to undertake research on best practice in the effective integration of disaster risk management and adaptation to climate change,

also noting the existing work of the IFRC and National Societies to support their States with their disaster laws, disaster response and recovery and adaptation to climate change,

noting important contributions in this area by many other actors, including governments, the World Meteorological Organization, the World Bank, the United Nations Office for Disaster Risk Reduction, the Climate Risk and Early Warning Systems (CREWS) initiative and the Platform on Disaster Displacement, among others,

stressing the importance of resources and capacity-building for developing countries and National Societies for the development and implementation of laws and policies, as appropriate,

IMPLEMENTATION OF THE MEMORANDUM OF UNDERSTANDING AND AGREEMENT ON OPERATIONAL ARRANGEMENTS DATED 28 NOVEMBER 2005 BETWEEN MAGEN DAVID ADOM IN ISRAEL AND THE PALESTINE RED CRESCENT SOCIETY

The 33rd International Conference of the Red Cross and Red Crescent

1. 1. notes the adoption of Resolution 10 of the Council of Delegates on 8 December 2019 on the implementation of the Memorandum of Understanding and Agreement on Operational Agreements dated 28 November 2005 between Magen David Adom in Israel and the Palestine Red Crescent Society (see annex for the text of the resolution);

2. 2. endorses this resolution.

***

IMPLEMENTATION OF THE MEMORANDUM OF UNDERSTANDING AND AGREEMENT ON OPERATIONAL ARRANGEMENTS DATED 28 NOVEMBER 2005 BETWEEN MAGEN DAVID ADOM IN ISRAEL AND THE PALESTINE RED CRESCENT SOCIETY

In the spirit of the humanitarian mission and the Fundamental Principles of the International Red Cross and Red Crescent Movement (Movement), and the themes of the 33rd International Conference of the Red Cross and Red Crescent (International Conference),

the Council of Delegates,

recalling the Memorandum of Understanding (MoU) signed by Magen David Adom in Israel (MDA) and the Palestine Red Crescent Society (PRCS) on 28 November 2005, in advance of the Diplomatic Conference convened to negotiate and adopt the Third Additional Protocol to the Geneva Conventions of 1949 and pave the way for the future recognition of MDA and the PRCS as components of the Movement, and in particular the following provisions of the MoU:

1. 1. MDA and PRCS will operate in conformity with the legal framework applicable to the Palestinian territory occupied by Israel in 1967, including the Fourth Geneva Convention of 1949 on the Protection of Civilian Persons in Time of War.

2. 2. MDA and PRCS recognize that PRCS is the authorized National Society in the Palestinian territory and that this territory is within the geographical scope of the operational activities and of the competences of PRCS. MDA and PRCS will respect each other's jurisdiction and will operate in accordance with the Statutes and Rules of the Movement.

3. 3. After the Third Additional Protocol is adopted and by the time MDA is admitted by the General Assembly of the International Federation of Red Cross and Red Crescent Societies:

   1. a. MDA will ensure that it has no chapters outside the internationally recognized borders of the State of Israel.

   2. b. Operational activities of one society within the jurisdiction of the other society will be conducted in accordance with the consent provision of Resolution 11 of the 1921 International Conference.

      …

4. 4. MDA and PRCS will work together and separately within their jurisdictions to end any misuse of the emblem and will work with their respective authorities to ensure respect for their humanitarian mandate and for international humanitarian law.

   …

5. 6. MDA and PRCS will cooperate in the implementation of this Memorandum of Understanding ….

taking note, with appreciation, of the report of October 2019 on the implementation of the MoU prepared by the Hon. Robert Tickner AO, the Independent Monitor appointed by the International Committee of the Red Cross (ICRC) and the International Federation of Red Cross and Red Crescent Societies (IFRC), with the full endorsement of the Standing Commission of the Red Cross and Red Crescent (Standing Commission), to monitor and facilitate progress achieved in the implementation of the MoU, including recurring issues linked to operational elements relevant to the MoU,

recalling Resolution 5 adopted by the Council of Delegates in November 2017 concerning the implementation of the MoU and the AOA between MDA and the PRCS, as well as Resolution 8 of the 32nd International Conference,

reaffirming the importance for all components of the Movement to operate at all times in accordance with international humanitarian law and with the Fundamental Principles, Statutes and regulatory frameworks of the Movement,

noting that all National Societies have an obligation to operate in compliance with the Constitution of the IFRC and the “Policy on the Protection of Integrity of National Societies and Bodies of the International Federation”,

recalling both the dispute resolution mechanism set out in Resolution 11 of the 1921 International Conference as well as the Compliance and Mediation Committee of the IFRC, and recognizing the rights of National Societies thereunder,

expressing strong disappointment that after nearly 14 years the MoU is not yet fully implemented and particularly noting the recent difficulties, delays and limitations by Israeli public authorities on the licensing of PRCS ambulances to operate in East Jerusalem and noting the potential related negative humanitarian consequences, whilst at the same time voicing appreciation to the MDA for the advocacy efforts made to its authorities to resolve the situation,

expressing deep regret that the assurances given by the Ministry of Foreign Affairs of the State of Israel have not yet been fully honoured, as contained in the letters of 15 November 2015 and of 11 September 2017 from the Ministry of Foreign Affairs of the State of Israel to the Independent Monitor, in which the Ministry expressed readiness to support MDA to ensure full implementation of its commitments under the MoU, and achieve compliance with the geographic scope provisions, including completing these measures “well in advance of the 33rd International Conference in 2019”,

recognizing that full implementation of the MoU will represent an important achievement for the Movement and that this will contribute to the strength and unity of the Movement,

reaffirming the necessity for effective and positive coordination between all components of the Movement in support of the full implementation of the MoU,

1. 1. notes with continued regret that full implementation has still not been achieved;

2. 2. requires, in order to maintain trust in the humanitarian action of components of the Movement, that all National Societies discharge their humanitarian mandate in accordance with international humanitarian law and with the Fundamental Principles, Statutes and regulatory frameworks of the Movement;

3. 3. requires MDA to further engage with its authorities to end the misuse of the MDA logo in the territory considered within the geographic scope of the PRCS, and strongly urges MDA to continue to work with its authorities and with other key stakeholders to ensure that any markings used in this territory are clearly distinguishable from the MDA logo;

4. 4. strongly urges the State of Israel to honour, without delay, its commitment to ensure that emergency medical services operating within the geographical scope of the PRCS “will, on a permanent basis, bear a logo different than the MDA logo, which will be clearly distinguishable from the MDA official logo”, as set out in the 11 September 2017 letter of the Ministry of Foreign Affairs;

5. 5. also calls on the State of Israel to create the necessary conditions to enable MDA to comply, well in advance of the 2021 Council of Delegates, with its obligations with respect to the geographic scope provisions of the MoU, in particular:

   1. a. MDA will ensure that it has no chapters outside the internationally recognized borders of the State of Israel.

   2. b. Operational activities of one society within the jurisdiction of the other society will be conducted in accordance with the consent provision of resolution 11 of the 1921 international conference.

6. 6. affirms, in particular, that MDA's ability to fully comply with its obligations under the MoU will be adversely impacted if the government commitments in support of MDA as set forth in the second, fifth and sixth paragraphs of the 11 September 2017 letter of the Ministry of Foreign Affairs of the State of Israel are not implemented, and that, in consequence, a call to activate the dispute resolution mechanism set out in Resolution 11 of the 1921 International Conference as well as the possibility of recourse to the Compliance and Mediation Committee of the IFRC may result;

7. 7. welcomes the strengthening of the Liaison Committee referred to under the AOA, ensuring a minimum of four Liaison Committee meetings per annum, and encourages continued work between the two National Societies in fulfilling their shared humanitarian mandates and commitments and their practical liaison and coordination in daily operations;

8. 8. reaffirms the decisions of the Council of Delegates and the 32nd International Conference in 2015 that the monitoring process should continue and requests the ICRC and the IFRC to renew the mandate of an Independent Monitor until the 2021 Council of Delegates;

9. 9. agrees that the roles of the Independent Monitor under the terms of reference as aligned with this resolution include, but are not limited to, the following main functions:

   1. a. undertake monitoring visits no less than twice a year, and provide at least one interim report to the Movement prior to the 2021 Council of Delegates;

   2. b. provide written reports after each visit as well as additional updates to be shared with the PRCS, MDA, ICRC and IFRC, as well as the Standing Commission, in relation to his/her activities and findings;

   3. c. engage as necessary with all relevant stakeholders, including the authorities;

   4. d. provide an evidence-based analysis and validation of the information provided by the two National Societies regarding the implementation of the MoU, with specific reference to the licensing of the PRCS ambulances and to ensure the ability of PRCS to carry out its operations in East Jerusalem;

   5. e. document progress on the commitments made under the AOA;

   6. f. call upon assistance from a support group of National Societies, chosen in consultation with the ICRC, IFRC and the two National Societies, and eminent individuals from within or outside the Movement;

   7. g. explore constructive options within the Movement to address issues identified in the reports;

   8. h. communicate any recommendations or concerns on the implementation of the MoU to the ICRC and the IFRC, as well as the Standing Commission, in advance of the 2021 Council of Delegates;

10. 10. encourages National Societies, when requested, to engage with their governments to help facilitate the implementation of the MoU, international humanitarian law, the Fundamental Principles, and the Statutes and regulatory frameworks of the Movement;

11. 11. requests the ICRC and the IFRC to provide logistical and technical support to the monitoring process and to ensure the provision of a report on implementation of the MoU to the 2021 Council of Delegates and through it to the 34th International Conference;

12. 12. reaffirms its collective determination to support full implementation of the MoU and expresses its strong desire to see full implementation achieved and validated well in advance of the 2021 Council of Delegates as an important symbol of hope and success.