The Role of International Committee of Redcross in Protecting The Rights of Rfugees and Internally Displaced Persons

THE ROLE OF INTERNATIONAL COMMITTEE OF REDCROSS IN PROTECTING THE RIGHTS OF REFUGEES AND INTERNALLY DISPLACED PERSONS
THE ROLE OF INTERNATIONAL COMMITTEE OF REDCROSS
IN PROTECTING THE RIGHTS OF RFUGEES AND INTERNALLY
DISPLACED PERSONS
BY
ZAYYANA KHADIJAH
U11CL1150
BEING A LONG ESSAY PROJECT SUBMITTED TO THE FACULTY
OF LAW,AHMADU BELLO UNIVERSITY,ZARIA NIGERIA IN
PARTIAL FULFILMENT OF THE AWARD OF LLB(HONS)DEGREE
JUNE, 2016
DECLARATION
1
This work is the effort and result of my research and to the best of my
knowledge and belief it has not been submitted on any precious application
for a degree anywhere in the world.
I hereby declare that the works and materials consulted in the course of this
research have been appropriately acknowledged.
In consequence all shortcoming and mistakes in this work are mine.
______________
ZAYYANA KHADIJAH Date
(U11CL1150)
CERTIFICATION
2
This long easy titled THE ROLE OF INTERNATIONAL COMMITTEE
OF REDCROSS IN PROTECTING THE RIGHT OF REFUGEES AND
INTERNALLY DISPLACED PERSONS by Zayyana Khadijah meets the
regulations governing the award of degree of L.L.B (Hons) of Ahmadu Bello
University, Zaria and is approved for its contribute to knowledge and literary
prevention.
Dr. S.A. Apinega ______________ _________________

Project Supervisor Signature Date
Barr. M.T. Jibril _________________ _________________

Project Co-ordinator Signature Date
Dr. K.M. Danladi ______________ __________________

H.O.D. Public Law Signature Date
Prof. I.A. Aliyu _____________ ___________________

Dean, Faculty of Law Signature Date
DEDICATION
3
This project is dedicated to my beloved parents, Egnr. Zayyana Kabir and
Haj. Amina Abdulkarim may Allah continue to Guide them and may
Jannatul Firdaus be their Final Abode (Ameen).
ACKNOWLEDGEMENT
4
I am most grateful to Almighty Allah for granting me the
wisdom to complete this work and for blessing me much more
than I deserve.
I express my profound gratitude to my supervisor for his
patience, understanding and readiness to assist by sparing his
time despite his tight schedules and making necessary
corrections, ensuring the corrections were effected till the end
of this work and ensuring the best of this work is seen.
A special thanks you goes to my wonderful parents Engr.
Zayyana Kabir and Hajiya Amina Abdulkarim for their love
and support over the years I could not have done it without
you, it nothing in my life would have been without your strife,
nothing I can say, can every truly covey, nothing I can do to
5
show my gratitude for you, you are the best parent so far. I
also thank you my siblings Ahmad and Aisha for being the
best.
Finally, my profound gratitude to my close friends Huda
Mohammed Adam, Ummu Kuitum Ismail, Muhammad Baffa,
Labir Ahmad, Sani Wadau, Jamila, Abubakar, Saidu M. Lawal
thanks for being there.
6
CHAPTER ONE:
GENERAL INTRODUCTION
1.1 Background to the Study - - - - - -1
1.2 Statement of Research Problem - - - - -5
1.3 Objectives of Study - - - - - - -7
1.4 Scope of Research - - - - - - -8
1.5 Research Methodology- - - - - - 10
1.6 Literature Review - - - - - - 10
1.7 Justification - - - - - - - 16
1.8 Organizational Layout - - - - - 18
7
CHAPTER TWO: CONCEPTUAL CLARIFICATION OF
RELEVANT KEYS AND HISTORICAL DEVELOPMENT
2.1 Introduction - - - - - - - 20
2.2 Definition of Selected Terms - - - - 21
2.2.1 Refugees - - - - - - - - 21
2.2.2 Internally Displaced Persons - - - - 24
2.2.3 International Humanitarian Law - - - 25
2.3 Historical Development of ICRC - - - - 27
2.4 The Legal Basis of ICRC work - - - - 33
2.4.1 Treaties - - - - - - - - 35
2.4.2 Status - - - - - - - - 37
8
2.5 The Fundamental Principles of the Red Cross Movement
and the ICRC - - - - - - - - 40
2.5.1 Humanity- - - - - - - - 41
2.5.2 Impartiality - - - - - - - 42
2.5.3 Neutrality- - - - - - - - 42
2.5.4 Impedance - - - - - - - 42
2.5.5 Voluntary- - - - - - - - 43
2.5.6 Unity - - - - - - - - 43
2.5.7 Universality - - - - - - - 43
2.6 The International Committee of Red Cross and
Humanitarian Assistance - - - - - - 44
9
CHAPTER THREE: NATURE AND SCOPE OF RIGHTS OF
REFUGEES AND INTERNALLY DISPLACED PERSONS
3.1 Introduction - - - - - - - - 46
3.2 Rights of Refugees - - - - - - - 48
3.3 Legal Framework Relating to Refugee Protection - -
- - - - - - - - - - - 49
3.3.1 The Geneva Convention - - - - - - 53
3.3.2 The Universal Declaration of Human Right of 1948 -
- - - - - - - - - - - 56
10
3.3.3 The United Nations Convention Relating to the Status of
Refugees (UNCRSR) 1951 - - - - - - - 57
3.3.4 Nigerian Legislation on the Right of Refugee - -
- - - - - - - - - - - 59
3.4 Rights of Internally Displaced Persons- - - - 62
3.5 Protection of the Right of Internally Displaced Persons
- - - - - - - - - - - 67
CHAPTER FOUR: THE ROLE OF THE ICRC IN
PROTECTING THE RIGHTS OF REFUGEES AND
INTERNALLY DISPLACED PERSONS
4.1 Introduction - - - - - - - 71
4.2 The Role of ICRC in Peace Time - - - - 73

11
4.3 The Activities of the ICRC before Crises - - 83
4.4 The Protective Role of the ICRC in Armed Conflict -
- - - - - - - - - - 86
4.4.1 Representation- - - - - - - 88
4.4.2 Active Protection - - - - - - 89
4.4.3 Medical Assistance - - - - - - 90
4.4.4 Food and Material Assistance - - - - 91
4.4.5 Tracing and Family Unification - - - - 95
4.4.6 National Information Bureaux - - - - -
- - - - - - - - - - 97
4.4.7 Central Tracing Agency - - - - - 98
12
4.4.8 Dispersed Families - - - - - - 99
4.5 The Presence of ICRC in Armed Conflict Spot/Specific -
- - - - - - - - - - 99
4.5.1 ICRC in Armed Conflict Situation in Nigeria - -
- - - - - - - - - - 104
4.5.2 The ICRC and the Protection of Displaced Persons in
Nigeria - - - - - - - - - 106
CHAPTER FIVE: SUMMARY, FINDINGS AND
RECOMMENDATION
5.1 Summary - - - - - - - - -110
5.2 Findings - - - - - - - - 113
13
5.3 Conclusion - - - - - - - - 115
5.4 Recommendation. - - - - - - 119
Bibliography
CHAPTER ONE
14
GENERAL INTRODUCTION
1.1 Background to the Study
From a humanitarian prospective, armed conflict and
violence are about people, the suffering they are exposed to
and about the action that must be taken to prevent, mitigate
or put an end to their suffering.1
It should be understood that even in Nigeria there are refugees
and internally displaced persons. This is actually caused as a
result of wars, tribal conflicts and other forms of riots that
forced people to leave their homes for safety. Recently in
Nigeria, the issue of Boko Haram in most parts of Northern
1 Renter, P. (1958) International institutions, George Alien and Union Limited

P-55.
15
Nigeria is states like Borno, Yobe, Adamawa, Jos e.t.c. had
rendered many people homeless. Many houses, properties
worth millions of naira had been destroyed in the affected
states.
Hence, the Nigerian Government established various
I.D.Ps camps given them some humanitarian assistance such
as foods, shelter, medicine, Soap e.t.c. these refugees and
I.D.P.s took care of those orphans, widows, misplaced and
homeless people with various necessities of live so as to live a
good standard of living. The efforts are made with the
assistance of some international organizations such I.C.R.C,
and other Non-governmental Organizations. N.E.M.A also
16
played a leading role in rendering humanitarian help to the
wounded or injured persons during such crisis or wars.
The global challenge facing states today centers on the
pursuit and sustenance of world2 peace, states are becoming
aware of the need to extricate the world from the difficult
situation of wars and bloodshed which has become prevalent
in todays world. The protection of the rights and liberties of
people which is a corollary of responsible governance is
equally becoming a thing of concern as it is rightly seen as
concomitant to peace.
2 Hingorian, R.C: (993) Modern International Law, 3rd edition, oxford

publishing, Bombay.
17
The elusiveness of world3 peace has become manifest
especially when one takes into consideration the unending
number of conflicts witnessed daily, images of shattered
settlement, streets littered with corpse, dismembered and
charred bodies of women and children armed belligerent and
helpless persons running to take refuge elsewhere, have
become a common occurrence in the electronic and print
media.
One palpable implication of any armed conflict or violence
beside loss of life and property is the influx of people into
foreign domains to seek refuge and to escape violence. When
such person rotates within the boundaries of their states, they
3 Ibid
18
are called Internally Displaced Persons. But such movement
assumes a trans-national character and such persons move
beyond the borders of their states into another state, they are
termed Refugee. These persons become helpless, dependant
and desperately seek protection and care.
It is this state of helplessness and confusion when
humanity is desirous of care and attention that the
International Committee of Red Cross (ICRC) passionately
driven by humanitarian concern, pursuing relentlessly the
fundamental principle of an independent, neutral, impartial,
voluntary and universal service to vulnerable group. The
International Committee of Red Cross (ICRC) has over the
19
years carved for itself a role as a leading global humanitarian
movement.4
1.2 Statement of the Research problem
To establish that contemporary world is fraught with
armed conflicts is to state an obvious clich. In such armed
conflict the civilians are the worst hit. Their displacement and
flight covers untold hardship to them and places great burden
on concerned states.
Nigeria had its own fair-share of the unfortunate
occurrences Refugees i.e those that fled from their countries
as a result of war or conflict and come down to Nigeria to find
4 Northedge, F.S. (1976) The international political system, London; Faber and
faber.
20
a safer place to live whom are normally kept in refugees camp
and IDP, are thereby easily created. The armed conflict in
north-east, the middle Belt and the Niger-Delta has generated
a massive humanitarian crisis in Nigeria, also due to disease,
lack of healthcare, hunger, neglect and many more.
Fundamental rights are violated, and many more happen to
these unfortunate people due to their status as Refugees or
IDPs.5
It is these abuses and the resultant hardship of armed
conflict that the ICRC often set out to voluntarily redress. But
the good gesture of the ICRC is sometimes limited by
5 Ibid
21
inadequacies of legal framework, state laws and sentiments of
some people.
1.3 Objectives of the Study
The main object of this long essay is to highlight the plight
of refugees and internally displaced persons in Nigeria and to
direct the minds of Government, Non-Government
Organizations (NGOs) and individuals to such plight.
Fundamentally, this long essay is aimed at appraising the
rule of the International Committee of Red Cross (ICRC) in the
protection of the right of Refugees and Internally Displaced
Persons (IDP).6 It would also demonstrate the extent to which

6 Ibid
22
ICRC can protect these rights as provided by various statutes
and rules.
It is imperative to state that, this essay in pursuit of its
object of study is concerned about the respect of the dignity of
the aforementioned persons and is therefore aimed at stating
the need for belligerents to be humane even in armed conflicts,
especially to civilians, the humanitarian needs of these
vulnerable groups should be respected and their dignity
maintained. According to Umuzurike (1995)
Humanitarian law derives from the basic
principle that the individual is entitled to certain
rights, whether in peace or in war He is entitled to
protection, security and respect. If wounded or
23
captured, he is entitled to care and humane
treatment, if dead, his body is entitled to decent
treatment.7
1.4 Scope of the Research
This long essay shall cover essentially the activities of the
International Committee of Red Cross (ICRC) especially as it
concerns Refugee and Internationally Displaced Persons using
the rules of International Humanitarian Law as ICRC is the
custodian of International Humanitarian Law.
The case study of this long essay is restricted to Nigeria.
This does not however imply that examples from other
7 Umuzurike, U.O (1995), Introduction to International Law, Spectrum Law

Publishing, Ibadan.
24
jurisdictions shall not be used where the circumstances
demand.
Selected areas where armed conflicts have occurred, that
has led to the creation of Refugees and IDP shall be explored
and examples provided.8
The choice of the International Committee of the Red Cross
(ICRC) was informed by its humanitarian philosophy which
shall also be studied in the long essay.
1.5 Research Methodology
The basic research method to be adopted in this research
work is doctrinal i.e library oriented method of research.
Hence, both primary and secondary sources would be greatly

8 Ibid
25
used. International law text book, International treaties and
municipal laws, journals, Newspapers Magazines e.t.c. would
also be greatly used. Where the need arises, case and law
reports will also be cited to buttress some relevant points.
Informations from internet sources will also be consulted
where the need arises.
1.6 Literature Review
In the cause of writing this research work, many books
authorized by different writers had been consulted. The
authors have tried to explain the issues concerning I.D.P.s
and refugees in their affected states or countries. However,
this research work intends to fill the gap or Lacuna left behind
by those writers as follows:
26
Umozuruike, U.O,9 pointed out that the global challenge
facing states today centres on the pursuit and substance of
world peace. States according to the writer are becoming
aware of the need to extricate the world from the difficult
situation of wars and bloodshed which has become prevalent
and causes high number of I.D.Ps.10 However, the author
failed to explain in his work the fact that one implication of
any armed conflict or violence beside loss of life and property
is the influence of people into foreign domains to seek refuge
and to escape violence. Ife did not also mention that such
person i.e internally displaced persons I.D.P.s rotates within
9 Umuzurike, U.O: (1995) Introduction to International Law, Spectrum Law

Publishing, Ibadan.
10 Ibid
27
the boundaries of their states to another states.
David, W.11 on his own part explains that a refugee, according
to the Geneva convention is a person who is outside their
country of citizenship because of their country of citizenship
because they have well-founded grounds for fear of
prosecution because of their race, religion, nationality, e.t.c.
the author further explained that I.D.Ps is someone who is
forced to flee his or her home but who remains within his or
her countrys borders. However, despite the the good attempt
by the learned author, he fails to discuss in his work that
international humanitarian Law (I.H.L) is inspired by
11 David, W. (1966) International peace Observation, Beltomore , John

Hopkin Press.
28
considerations of humanity on mitigation of human
suffering.12 Also, no mention of the set of rules or treaty or
custom was made that seeks to protect persons and properties
affected by the armed conflict and limits the rights of parties
to a conflict to use methods and means of warfare of their
choice.
Ladan, M.T.13 Opined that, the I.C.R.C.s sole objective since its
creation in 1863 has been to ensure protection and assistance
for victims of armed conflict. He continued that, it does so
through its direct action around the world as well as by
encouraging the development of international humanitarian
12 Ibid
13 Ladan, M.T. cases and materials on public international Humanitarian

Law, A.B.U. press, Zaria, (2009).
29
Law (I.H.L) and promoting respect for it by government and all
weapon bearers. However, the lacuna in the work is that, the
another did not apart from explain the role played by the
I.C.R.C, did not went further to high light in details the
various favours of assistance to the I.D.Ps by both N.G.Os and
Governmental bodies: it is believe that his work was move
restricted to the I.H.L not I.D.P and the refugees.
Onoja, L.A.14 discussed in her book that, the I.C.R.C is the
only institution explicitly named under international
humanitarian law as a controlling authority on war or conflict
situations as far as the rights of the internally displaced
persons are concerned. The author rightly continued that, the
14 Onoja, L.A; (1996) Peacekeeping and international security in a changing

world, Mono expression limited, jos,.
30
legal mandate of the I.C.R.C stems from the four geneva
conventions of 1949 as well as its own statutes. However, the
learned author fails to note that, the I.C.R.C. also undertakes
task that are not specifically mandated by law such as visiting
political prisoners outside of conflict and providing relief in
natural disaster such as earthequake, flooding, environmental
degradation e.t.c. to the affected persons.
Best, S.G.15 Pointed out that all the actions and activities of
the I.C.R.C. are guided by its operations such as unity,
University, voluntary, impartiality, Humanity, Naturality e.t.c.
the learned author also made it clear that the I.C.R.C
concern and protection on the rights of refugees and
15 Best, S.G. THE undeveloped state of peace and conflict studies in Africa,
African peace review, Vol.2 No. 1 April, (1998)
31
intentionally displaced persons I.D.Ps in all situations such as
wars, riots, natural disaster e.t.c. are justified by its guiding
principles. However, although the author did a good work, he
did not mentioned that the I.C.R.C renders humanitarian
assistance in emergency situations which also include its
collaborative effort with the united Nations High commission
on Refugee (U.N.H.C.R.) in taking care of the need of refugees
and displaced persons.16
1.7 Justification
The nature of armed conflict continue to evolve, the
predominant form of conflict today, the non-international
16 Ibid
32
armed conflict often stems from to take matters into their own
hands. This can lead to an environment where looting and
trafficking, extortion and kidnapping turn into a profitable
economic strategic, sustained by violence is primarily against
civilians, to which IDPs and Refugees are part of, with direct
confrontation between armed groups or state armed forces and
armed groups tendency to be rare. Armed groups live off the
population and engage in appalling acts of brutality to instill
fear ensure control and obtain new recruits. In such context,
other factors such as political, ethnic or religious grievance
play a vital role in interconnect, although they often appear
secondary or are used by armed groups to justify their acts.
33
Armed conflicts are the major reason why people flee their
homes or country of origin. The prevalence of armed conflict in
the contemporary world have become too manifest to be
ignored, these armed conflicts leads to fright of helpless
individual who become unprotected due to these relocation to
other states or territories. With millions of refugees scattered
all over the world and the danger they tend to portend this
writer strongly feels that it would be worthwhile to embark on
a research that would expose the sufferings of refugees and
IDP,s and equally appraise the role of the ICRC.
The purpose of this long essay is to draw the attention of
policy makers, Government, belligerent and the society at large
to the plight of people who earnestly needs help and to also
34
make the populace appreciate the tedious and risky ask
embarked upon by the ICRC for the sake of humanity.
1.8 Organizational Layout
The long essay is divided into five chapters.
Chapter one shall be introductory, the scope of the
research, its objectives, methodology, organizational layout
shall be laid in this chapter.
Chapter two will begin with the conceptual clarification of
some relevant terms that are considered germane for the
better appreciation of the topic of discussion. This chapter
shall proceed by highlighting the legal framework of the ICRC
35
shall equally be provided. This would lay out a solid
foundation for an in-depth exposition of the topic at hand.
Chapter three shall provide generally for the nature and
scope of the right of the group of persons under review and
how these rights could be lost through the loss of status. The
legal source relating to these rights shall equally be
adumbrated in this chapter; it shall be discussed with regards
to the IHL laws in these sources.
Chapter four shall address directly the role of the ICRC in
the protection of the rights of refugees and internally displaced
persons in peace time and armed conflict using the
International Humanitarian Law instrument. The
aforementioned persons shall be itemized and their individual
36
rights examined critically. The achievement of the ICRC shall
be highlighted and limitation and restrictions of the role of the
ICRC in armed conflict situation mentioned.
The entire discuss on this essay shall be anchored on
chapter five with recommendations and summary.
37
CHAPTER TWO
CONCEPTUAL DEFINITION OF RELEVANT TERMS AND
HISTORICAL DEVELOPMENT
2.1 Introduction
The purpose of this chapter is to layout a foundation for a
proper appreciation of the topic. It shall therefore focus on
conceptual clarification of key concepts and terms employed in
this work. Some introductory notions and ideas about the
ICRC shall be appropriately thrashed. It is therefore pertinent
that conceptual and statutory definitions of the relevant key
terms used in this work be given to give the readers a clearer
understanding of the topic of discussion, because where terms
38
are not contextually defined, the tendency of making the topic
hazy and nebulous to a casual reader is often high.
The chapter shall also make a retrospective analysis of the
activities of the ICRC particularly at its formative stage; it is
believed that a sound knowledge of the historical background
of the committee would enhance a better understanding of its
fundamental of its fundamental principles and guiding
philosophy.
2.2 Definition of selected Terms
2.2.1 Refugees
39
A refugee,17 according to the Geneva Convention on
Refugees is a person who is outside their country of
citizenship because they have well-founded grounds for fear of
prosecution because of their race, religion, nationality,
membership of a particular social group or political opinion,
and is unable to obtain sanctuary from their home country or,
owing to such fear, is unwilling to avail themselves to the
protection of that country, or in the case of not having a
nationality and being outside their country of former habitual
residence as a result of such event, is unable or, unwilling to
return to their country of habitual residence, such a person
may be called asylum seeker until considered with the status
17 See the 1971 United Nations Conventions relating to the status of

Refugees for more details on refugee and internally displaced persons (I.D.P.).
40
of refugee by the contracting state where they formally make
a claim for sanctuary of right of asylum.18
The definition of refugee has varied according to time and
place but increased international concern for the plight of
refugees has lead to a general consensus.
The 1951 UN Convention Relating to the status of refugees
has adopted the following term Refugee to apply to any
person who owing to well-founded fear of being persecuted for
reason of race, religion, nationality, membership of a
particular social group or political opinion, is outside the
country of his nationality and is unable or, owing to such fear,
18 Ibid
41
is unwilling to avail himself of the protection of that
country19
From ICRC perspective refugees are people who have
crossed an international frontier and are at risk or having
been victim of persecution in their country of origin.
2.2.2 Internally Displaced Persons
19 Ibid
42
An internally displaced person (IDP) is someone who is
forced to flee his or her home but who remains within his or
her countrys borders.20
Whereas refugees have an authority defined under the
1951 Refugee convention there is no legal definition of
internally displaced persons. However, a united nation report,
Guiding Principle on Internal Displacement uses the
definition:
Internally displaced people are people or groups of
people who have been forced or obliged to flee or
leave their homes or habitual residence, in
particular as a result of or in order to avoid the
20 Ibid
43
effects of armed conflict situation of generalized
violence, violation of human rights or natural or
human-made disaster, and who have not crossed an
internationally recognized state border.21
2.2.3 International Humanitarian Law (IHL)
Is the law that regulates the conduct of war (jus in bellow)
it is that branch of international law which seeks to limit the
effect of armed conflict by protecting persons who are not
participating in hostilities, and by restricting and regulating
the means and methods of warfare available to combatants. 22
21 See the General guiding principles of the I.C.R.C. on internal displacement.
22 Reuter, P. International Institutions, George Alien and Union Ltd, (1958)

P.55.
44
IHL is inspired by considerations of humanity on mitigation
of human suffering. It comprises a set of rules established by
treaty or customs that seeks to protect persons and
property/object that are (or may be) affected by armed conflict
and limits the rights of parties to a conflict to use methods
and means of warfare of their choice; it includes the Geneva
Convention and the Hague Convention as well as subsequent
treaties, case law and customary international law. 23
It defines the conduct and responsibilities of belligerent
nations, neutral nations and individuals engaged in warfare in
relation to each other and to protect persons, usually meaning
non-combatant.
23 Hingoran, R.C: (1993) Modern International Law, 3rd Edition, Oxford

Publishing, Bombay.
45
It is designed to balance humanitarian concern and
military necessity, and subjects warfare to the rule of law by
limiting its destructive effect and mitigating human suffering.
Serious violations of international humanitarian law are
called war crime. International humanitarian law, Jus in
bellow, regulates the conduct of forces when engaged in war or
armed conflict. It is distinct from Jus ad Bellum which
regulates the conduct of engaging in war or armed conflict and
includes crimes against peace and of war of aggression. 24
2.3 Historical Background of the ICRC
Since its creation in 1863, the ICRCs sole objective has
been to ensure protection and assistance for victims of armed
24 Ibid
46
conflict and strife.25 It does so through its direct action around
the world, as well as by encouraging the development of
international humanitarian law (IHL) and promoting respect
for it by governments and all weapon bearers. Its story is
about the development of humanitarian action, the Geneva
Convention and the Red Cross and Red Crescent Movement.
What was to become the International Committee of Red Cross
met for the first time in February 1863 in Geneva, Switzerland.
Among the five members was a local man named Henry
Dunant who, the year before, had published a crusading book
(A Souvenir of Solferino) calling for improved care for wounded
soldiers in wartime.
25 Ibid
47
By the end of the year the committee had brought together
government representatives to agree on Dunants proposal for
national relief societies, to help military medical services. And
in August 1864 it persuaded government to adopt the first
Geneva Convention.26 This treaty obliged armies to care for
wounded soldiers, whatever side they were on, and introduced
a unified emblem for the medical services; a red cross on a
white background.
The ICRCs primary role was a coordinating one. But I
gradually became more involved in field operations, as the
need for a neutral intermediary between belligerents became
26 Starke, J.G: (1963) An Introduction to International Law, London Butter

worth.
48
apparent.27 Over the following 50 years, ICRC expanded is
work while national societies were established (the first in the
German State of Wurttemberg in November 1863) and the
Geneva Convention was adopted to include warfare at sea. At
the outbreak of the First World War, based on experience in
other conflicts, the ICRC opened a Central Prisoners of War
Agency in Geneva, to restore links between captured soldiers
and their families. Its visits to prisoners of war grew during
this period and it intervened over the use of arms that caused
extreme suffering in 1918 it called on belligerents to
renounce the use of mustard gas. That same year it visited
political prisoners for the first time, in Hungry. 28

27 Ibid
28 Ibid
49
The national societies themselves undertook an
unprecedented mobilization that saw volunteers running
ambulance services on the battlefield and caring for the
wounded in hospitals. For the Red Cross in many countries, it
was their finest hour. After the war, many national societies
felt that, with the coming of peace and hopes for a new world
order, the role of the Red Cross had to change. 29 In 1919, they
founded the League of Red Cross Societies, intended as the
future coordinating and support body for the Movement. But
conflicts during the 1920s and 1930s emphasized the need
for a neutral intermediary, and the ICRC remained active
29 M.T. Ladan. (2009) Cases and materials on public International Law, A.B.U.
Press, Zaria.
50
increasingly outside Europe (Ethiopia, South America, and the
Far East) and in civil wars (notably in Spain).
The ICRC persuaded government to adopt a new Geneva
Convention in 1929 to provide greater protection for prisoners
of war. But despite the obvious broader threats posed by
modern warfare, it was unable to have them agree on new laws
to protect civilians in time to prevent he atrocities of World War
II.
The Second World War saw a huge expansion of activities
as organization tried to work to assist and protect victims on
all sides.30 The ICRC and the League worked together to ship
relief supplies across the globe, reaching both prisoners of war

30 See Proceedings of U.S. Symposium on Global Security for the 21 st Century
(1986).
51
and civilians. ICRC delegates visited POWs around the world
and helped exchange millions of Red Cross Messages between
family members. For years after the war, ICRC dealt with
request for news about missing loved ones.
However this period also saw the ICRC greatest failure, its
lack of action on behalf of victims of the Holocaust and other
persecuted groups. Lacking a specific legal basis, bound by its
ties with Swiss establishment, it was unable to take decisive
action or to speak out. It was left to individual ICRC delegates
to do what they could to save groups of Jews.
Since 1945 the ICRC has continued to urge governments to
strengthen international humanitarian law- and respect it. It
has sought to deal with the humanitarian consequences of the
52
conflicts that have marked the second half of the 20 th century-
starting with Israel and Palestine in 1948.31
In 1949, at the ICRCs initiative, states agreed on the
revision of the existing three Geneva Convention (covering
wounded and sick on the battlefield, victims of war at sea,
prisoners of war) and the addition of a fourth to protect
civilians living under enemy control.32 The Convention provides
the ICRCs main mandate in situations of armed conflict. And
in 1977, two protocols to the Conventions were adopted, first
applicable to international armed conflicts, the second to
31 Ladan, M.T. Op.cit at 93.
32 Ibid
53
internal ones major breakthrough, the protocols also laid
down rules concerning the conduct of hostilities.
2.4 The Legal Basis of the ICRC Work
ICRC is the only institution explicitly named under
international humanitarian law as a controlling authority. The
legal mandate of the ICRC stems from the four Geneva
Convention of 1949, as well as its own statues. The ICRC also
undertakes tasks that are not specifically mandate by law,
such as visiting political prisoners outside of conflict and
providing relief in natural disasters.
ICRC operates are generally based on IHL, the four Geneva
Conventions of 1949, their two additional protocols of 1977
and additional protocols III of 2005 the statutes of the

54
International Red Cross and Red Crescent Movement, and the
resolutions of the international conference of the Red
Crescent.33
IHL is founded upon Geneva Convention which was first
signed in 1864 by 16 countries, Traditions and customs had
covered the conduct of war until then which varied depending
on the location and time.
The first Geneva Convention of 1944 covers the protection
for the wounded and sick of armed conflict on land. The
second Geneva Convention asks for the protection of and cares
for wounded, sick and shipwrecked of armed conflict at sea.
The third Geneva Convention emphasizes the treatment of
33 See the Traditional Protocols of Geneva Convnetion, 1977
55
prisoners of war. The fourth Geneva Convention covers the
protection of civilian in times of war.34 From the foregoing
there are basically two legal bases to justify the ICRCs
activities.
2.4.1. Treaties
During international armed conflict, the ICRCs work is
always founded in the four Geneva Conventions and protocols
II,35 which recognizes its right to conduct certain activities
such as:
a. Bringing relief for the wounded, sick or shipwrecked
military personnel
34 Ibid
35 Ibid
56
b. Visiting prisoners of war

c. Taking action on behalf of the civilian population
d. Ensuring that protected persons are treated according to
law
During non-internal armed conflict, the ICRC predicates its
action on article 3 common to four Geneva Conventions on
protocol 3 common to the four Geneva Conventions and on
protocol II. This recognizes its rights to make proposals by
offering for example its services to parties to conflict with the
view to:
Undertake relief operation

Visiting persons detained in connection with armed
conflict
2.4.2 Statutes
57
In other violent situation less intense than armed conflict,
internal disturbance or other situations of internal violence,
the ICRC predicates its action on its status which grants it a
right of initiative in humanitarian matters. The statute
confirms that the ICRC may offer its services in any situation
which requires the presence of a specifically neutral and
independent intermediary. Taken together all these rights the
permanent mandate assigned to the ICRC by the international
community. The statute of movement is termed
Statutes And Rules Of Procedure Of The International Red
Cross And Red Crescent Movement36

36 Adopted by the 25th International Conference of the Red Cross at Geneva
in 1986, amended in 1995 and 2006
58
The preamble of the statute provides explicitly that:
Proclaims that the National Red Cross and Red
Crescent societies, the International Committee of
the Red Cross and the International Federation of
Red Cross and Red Crescent societies together
constitute a worldwide humanitarian movement,
whose mission is to prevent and alleviate human
suffering wherever it may be found, to protect life
and health and ensure respect for the human being,
in particular in times of armed conflict and other
emergencies, to work for the prevention of disease
and for the promotion of health and social welfare,
to encourage voluntary service and a constant
59
readiness to give help by the members of the
movement, and a universal sense of solidarity
towards all those in need of its protection and
assistance.37
The preamble of the statutes gives summary of the
guiding principles and philosophy of the Red Cross
Movement.38 It equally makes it crystal clear that the statutes
are applicable to all components of The Red Cross Movement
of which the committee of the Red Cross is one. The statutes
make general provisions that cover humanitarian work, its
relationship with other bodies, corporation between the
37 See the Preamble of the Statutes and rules of procedure of the I.C.R.C.
38 Ibid
60
component and on matters of administration. The ICRC
however has its own statutes that are duly mentioned in the
statute of the movement.39
2.5 The Fundamental Principles of the Red Cross
Movement and the ICRC
The fundamental principles of the Red Cross Movement as
provided on the statutes of the International Red Cross and
Red Cross and Red Crescent Movements are Humanity,
Impartiality, Neutrality, Unity and Independence services,
Unity and Universality.
Article 5 and article 4 of the ICRC statutes encapsulates
the role of the ICRC includes the maintenance and

39 See the Article 5 of the I.C.R.C.
61
dissemination of these fundamental principles. The preamble
of the statutes of the International Committee of the Red Cross
and Red Crescent provides thus:
In usurping its mission the movement shall be guided by
its fundamental principles, which is to improve care and
welfare of the wounded soldiers and civilian during war time
or battle situations.
2.5.1 Humanity
The International Red Cross and Red Crescent Movement,
born of a desire to bring assistance without discriminating to
the wounded on the battlefield, endeavors, in its international
and national capacity, to prevent and alleviate human
suffering wherever it may be found, Its purpose is to protect

62
life and health and to ensure respect for the human being. It
promotes mutual understanding, friendship, cooperation and
lasting peace amongst all peoples.
2.5.2 Impartiality
It makes no discrimination as a nationality, race, religious
belief, class or political opinions. It endeavors to relieve the
suffering of individuals, being guided solely by their needs,
and to give priority to the most urgent cases of distress.
2.5.3 Neutrality
In order to continue to enjoy the confidence of all, the
Movement may not take sides in hostilities or engage at any
63
time in controversies of a political, racial, religious or
ideological nature.
2.5.4 Impedance
The movement is independent. The nationality societies,
while auxiliaries in the humanitarian services of their
governments and subject to the laws of their respective
countries, must always maintain their autonomy so that they
may be able at all times to act in accordance with the
principles of the Movement.
2.5.5 Voluntary
It is a voluntary relief movement not prompted in any
manner by desire for gain.
64
2.5.6 Unity
There can be only one Red Cross or one Red Crescent
society in any one country. It must carry on its humanitarian
work throughout its territory.
2.5.7 Universality
The International Red Cross and Red Crescent Movement,
in which all societies have equal status and share equal
responsibilities and duties in helping each other, is worldwide.
The ICRC is therefore mandated by the statutes to maintain
and disseminate these guiding principles.40 All the actions and
activities of the ICRC is guided by its letters and the spirit of
40 Ibid
65
the principles, its concern and protection on the rights of
Refugees and Internally Displaced Persons in all situations are
justified by the after mentioned principles.
2.6 The International Committee of the Red Cross and
Humanitarian Assistance
The International Committee of Red Cross renders
humanitarian assistance in the midst of armed conflicts.
When all that remained is hope, its humanitarian assistance
is based on the following principles:
1. Emergence assistance which must b accomplished by
rehabilitation work.
2. Victims must be made self-sufficient as soon as possible
to restore their dignity.
66
3. Victims must be listened to and local resources identified
to ensure that the assistance given is tailored to the
situation.
4. Contract, partnership and synergic relationship must be
developed at the local and international level to ensure
the efficiency of constantly expanding operations.
The ICRC renders humanitarian assistance in emergency
situations which also include its collaborative effort with the
United Nations High Commission on Refugees (UNHCR) in
taking care of the need of Refugees and displaced persons.
CHAPTER THREE
67
NATURE AND SCOPE OF RIGHTS OF REFUGEES AND
INTERNALLY DISPLACED PERSONS
3.1 Introduction
The plight of displaced persons has over recent years become a
formidable problem of global significance and implications.
The total number of displaced persons is currently estimated
around fifty million worldwide with the majority of these
people in Africa and Asia.
Their ever-increasing numbers pose enormous challenges
to the international community and have even proved capable
of sparking tensions in areas and re4gions that were
previously untroubled. Simple requirements as to food, shelter,
68
medical care and hygiene, through sheer quantitative needs,
create huge logistical problems in terms of procurement,
adequate and equal distribution.41 The governments concerned
see themse4lves in apparently insoluble dilemmas, including
those presented by the repatriation of groups of people who
fled their home country because of armed conflicts, gross
human rights violations and other causes of displacement
mentioned below. These groups of people are often afraid to
return, while at the same time their presence in another
country or region gives rise to insurmountable problems. The
current international dimension of displaced persons does not
41 See Levoyer J.P. (ed), IDP,s report of the symposium, Geneva, 23-25
October 1995.
69
in any way diminish its significance for law enforcement
officials at the nation level.42
3.2 Rights of Refugees
In international law, refugees are granted a special legal Status
because they have lost the protection of their own country
and, therefore, are in need of international protection not
nece3ssary for those who do not cross international borders.
Internally displaced persons do not need such a substitute
protection. Rather, as human beings who are in a situation of
vulnerability they are entitled to the enjoyment of all relevant
guarantees of human rights of humanitarian law, including
42 Ibid
70
those that are of special importance to them. This does not
rule out possibility of administrative measures such as
registration on the domestic level to identify those who are
displaced and need special assistance. However, lack of such
registration would not deprive IDPs of their entitlement under
human rights and humanitarian law.43
3.3 Legal Framework Relating to Refugee Protection
Persons falling within the definition of refugees under Article I
of the Geneva convention relating to the Status of Refugees
(CRSR) of I95I are entitled to the protection of their rights as
set out under the convention.
43 Ladan M.T. Supra.
71
In sub-sections D,E and F of Article I, the conditions are
specified under which a person cannot benefit from the
protection and rights offered by the convention. Particular
attention is drawn to sub-section F, which stipulated that: the
provisions of this convention shall not apply to any person
with respect to whom there are serious reasons for considering
that:
He (or she) has committed a crime against peace, a
war crime, or a crime against humanity, as defined in
the international instruments drawn up to make
provision in respect of such crimes:
1. He (she) has committed a serious non-political crime

outside the country of refuge prior to his (or her)
admission to that country as a refugee;
72
2. He (or she) has been guilty of acts contrary to the

purposes and principles of the UN.
It is important to note that while refugees are entitled to
general protection of their rights and freedoms is full equality
with other persons, the CRSR sets out to offer additional
protection making due allowance for the particular
circumstances which refugees face.44
With regard to refugees, conventions and/or declarations have
been drafted by the Council of Europe, the Organization of
African Unity (OUA) and the Organization of American States
(OAS). In comparison to the CRSR of I95I, the OAU convention
of I0 September I969 governing the specific aspects of refugee
44 See Resolution on the Mandate of the special Repporteur on Refugees,

Asylum Seekers on IDP,s in Africa adopted at the 36 th Ordinary Session of the
African Commission on Human and peoples rights in Dakar, Senegal on the
7th December 2004.
73
problem in Africa gives a broader definition of the term
refugee, taking account of most of the root causes of the
refugee problem.
The second paragraph of Article I of the OUA convention
states that:
The term refugee shall also apply to every

person, who owing to external aggression,
occupation, foreign domination or events seriously
disturbing public order in either part or the whole
off his (or her) place of habitual residence in order
to seek refuge in another place outside his (or her)
country of origin or nationality.
As for the OAS, the I984 Cartagena declaration, which is not
binding upon states, lay down the foundations for the
treatment of Central American refugees. The Declaration
includes the principle of non-refoulement and addresses the
74
important issue of interrogation of refugees into receiving
societies, as well as the need to eradicate the causes of the
refugee problem.
It is an established fact that 80 percent of the current
refugee population consist of women and children. Now only
are these groups, particularly vulnerable: in many countries
the human rights of women and children are ill-protected in
the first place.
Both groups are extremely prone to abuse, neglect and
sexual or other forms of exploitation. They therefore require
special protection of their fundamental rights and able to
75
claim the other rights to which they are entitled under the
international human rights instruments.45
3.3.1 The Geneva Convention
In situation of armed conflict to which the Geneva conventions
of I949 and their additional Protocols of I997 apply, refugees
and stateless persons are recognized as requiring special
protection and treatment. This issue is specifically dealt with
in Article 44 of the Fourth Geneva Convention of I949 and
Article 73 of additional protocol I of I977. In situation of
international armed conflict refugees and stateless persons are
protected persons taking no active apart in the hostilities must
45 See UN. Commission on Human Rights Resolution 2004/55; Geneva

Assembly Resolution 2004/58; and commission on human right resolution
2005.
76
be treated humanely in all circumstances, without any adverse
distinction, by the parties to the conflict. Additional protocol II
of I977 offers specific measures of protection for the civilian
population, in which refugees can be included.46
As for the protection of internally displaced persons, the first
observation to be made is that IDPs not taking active part in
hostilities must be considered as civilians and are entitled to
all the levels of protection accorded to civilians in situations of
armed conflict of particular relevance to IDPs in Article 26 of
the fourth Geneva Convention of I949 which stipulates that:
Each party to the conflict shall facilitate enquiries

made by members of families dispersed owing to the
war, with the object of renewing contact with one
another and of meeting, if possible. It shall
46 See Lavoyer J.P.,(ed), IDP,s report of the Symposium, Geneva, 23-25 1995.
77
encourage, in particular, the work of organizations

engaged on this task provided they are acceptable to
it and conform to its security regulations.
In this connection reference is made to Article 33 of additional
Protocol I of 1977 which addresses the issue of missing
persons and the obligation for parties to conflict to search for
them and facilitate such searches. Article 74 of the same
instrument addressed the issue of reuniting dispersed
families.
The fourth Geneva Convention of 1949, (applicable is
situations of international armed conflict) prohibits individual
or mass forcible transfer, as well as deportations of protected
persons from occupying power or to that of any other country,
occupied or not, regardless of their motive. It furthermore
78
states, in the same article, that the occupying power shall not
deport of population transfer parts of its own civilian into the
territory it occupies. Article 85(4) (a) of additional Protocol I of
1977 stipulates that the aforesaid act, when committed
willfully and in violation of the Convention of the Protocol,
shall be regarded as grave breaches.
3.3.2 The Universal Declaration Of Human rights 1948.
Refugees are particularly vulnerable to human rights
violations and are often unable to secure adequate protection
of their rights.
The basic human rights issues at states have not
changed since the .creation of the UN high commissioner for
refugees (UNHCR) at end of the second world war. However,

79
the context in which these issue take shape, and therefore the
policies and solutions offered, has changed dramatically. 47
The universal declaration of human right of 1948 provides
that refugees are individuals in grave danger in their own
countries who cross an international border in search of
protection. They need to flee and to be able to in a country of
asylum and be granted legal protection (refugee status). They
should never be forcibly returned to a country where their
human right will be violated. They should be assured of
minimum when it is safe for them to return, refugees may
47 Ladan, M.T. (2001) cases and material Human and humanitarian law, ABU
press, Zaria Nigeria.
80
need international assistance and monitoring of the human
rights situation into society.48
3.3.3 The united nations conventions relating to the status
of refugees(UNCRSR) 1951.
At the end of the second world war, when (UNCRSR) was
created and international rules for the treatment of refugees
were established, there were fewer than million refugees in the
world. Today, there are approximately twelve (12) million
refugees. a problem which governments expected to diminish
after the second world war has instead grown and continues to
48 Ibid
81
do so. Indeed, the refugee problem is increasingly being viewed
as one of the major international issues of the day. 49
The rise in the member of refugees in the world has had a
major impact on the response of the governments to the plight
of refugees and the ability of (UNCRSR) to meet their needs.
But it is not numbers alone which has altered the context in
which refugee problems are considered.
The end of the cold war has had a profound impact on
international politics, including with regard to refugee
protection. When the 1951 convention relating to the status of
refugees (1951 convention) was adopted, the western
developed countries that were the driving force behind it was
49 Ibid
82
primarily concerned with protecting refugees fleeing the
former soviet bloc
In many cases, it is clear that the primary reasons for western
countries accepting refugees were political and ideological. The
refugees from the former soviet bloc were relatively few, white,
mainly Christian, and mostly skilled and educated. Integration
was not viewed as a problem and the refugees were seen as an
asset to the host country. Such an approach was extended,
through special assistance programmes, for the political
during the 1970s and 1980s. however, much less attention was
given to the refugees from other areas of conflict and
oppression such as Lebanon, sri lanka, Iraq, iran, horn of
African and centre of Africa.
83
3.3.4. Nigeria legislations on the rights of refugees:
Every person granted a refugee status in Nigeria is
entitled to the right and subject to the duties contained in the
relevant articles of the 1951 UN convention and the 1967 UN
protocol relating to the status of refugees, the 1969 OAU/AU
convention on refugees and any laws in force in Nigeria such
as the African charter on human and peoples rights. 50 Thus a
refugee in Nigeria is entitle to the following rights: 51
a) Right of residence and to secure employment;
b) Freedom of discrimination on grounds of race, religion or
country of origin;
50 See lavoyer, j.p (ed),IDPS- Report of the symposium, 23-25 october, 1995.
51 Ladan, M.T.supra.
84
c) Right of association co-extensive with that accorded to
nationals of other countries;
d) Right to housing co-extensive with that accorded to other
aliens;
e) Right to practice his profession.
f) Right to move freely and have travel document;
Generally, however, refugees once permitted to reside in
Nigeria enjoy rights which are co extensive with those of
confide citizens. Refugees are even encouraged to naturalize
and be fully integrated into society. in all circumstance equal
treatment is extended to members of his family.
85
A refugee is obliged also whilst in the territory of the
state if asylum to confirm to its laws and regulations as well
measures taken for the maintenance of law and order.
Additionally, under the OAU/AU convention the asylum state
is under a duty to prohibit refugees residing in its territory
from attacking any other state or engage in any subversive or
terrorist activity likely to cause tension between member state,
including the use of the mass media.
The penalties for violations of these obligations are
severe. Thus under section 1 (2) and 16 (10) of the NCFR Act,
the rights of a refugee may be curtailed on grounds of national
security and public order.
3.4 Rights of Internally Displaced Persons
86
Once an armed conflict exists inside a country,
humanitarian law becomes applicable to those internally
displaced persons who live within that situation. Human
rights law remains applicable as well, although its rights and
guarantees are increasingly subject to restrictions and, in
extreme cases, even derogation, except for the core of non-
derogable rights. Nevertheless, human rights law and
humanitarian law converge to a large extent in purely internal
armed conflict situations and they reinforce each other. 52
Human rights law generally restrains the abusive practices of
only one party to the conflict, namely the Government and its
agents. Since only states are proper parties to human rights
52 Ibid
87
treaties, it is usually the Governments of states that are
internationally responsible for human right violations under
those treaties. Comparable abuses committed by private
actors, such as rebels or other dissident groups, are not the
subject matter of admissible complaints before monitoring
bodies established under existing human rights conventions
unless private acts are instigated, encouraged or at least
acquiesced in by Government concerned; otherwise, they are
typically labeled as infractions of a countrys domestic laws.
However, the nation that non-governmental actors should be
internationally responsible for human rights abuses has
gained ground in recent years. To the extent that certain
internationally recognized crimes are coextensive with
88
prescriptions under human rights treaties or fall under the
jurisdiction of international tribunals, private actors may
incur individual penal responsibility for the commission of
such crimes, including, inter alia, genocide or torture. 53
Together with article I common to the four Geneva
Conventions, mandating contracting parties to respect and to
ensure for the Conventions in all circumstances, the only
other provision in these instrument that directly governs all
internal armed conflicts is article 3, also common to the four
Conventions (hereinafter, common article 3). Common article 3
binds both parties to the conflict, i.e. Government and
53 The Bookings Institution University of Bern Project on Internal

Displacement, (2005): Addressing Internal Displacement - A framework for
National Responsibility.
89
dissident forces. It does not apply to mere acts of banditry or
unorganized and short-lived rebellions but typically to armed
strife between governmental armed forces and organized,
armed dissidents generally occurring within the territory of a
particular State. It also applies to cases in which two or more
armed forces, for example, when the established Government
has dissolved or is too weak to intervene. The application of
common article 3 is automatic as soon as a situation of armed
conflict for the protection of persons who do not, or who no
longer, take an active part in the hostilities.
The obligation to apply common article 3 is absolute for
every party to the conflict and independent of the obligation of
the other party. Accordingly, individual civilians, including
90
those forcibly or voluntarily displaced by virtue of the
hostilities, are entitled to the absolute guarantees of common
article 3 when they are captured by or subjected to the power
of either government or dissident forces. In addition, common
article 3, by inference, and customary law, prohibits displaced
persons and other civilians living in combat zones or areas
controlled by the enemy from being direct6ly attacked. Deaths
of civilians resulting from such illicit attacks are tantamount
to homicide and cannot be legitimately considered to be
wartime casualties.54
Protocol II, according to its article I (1), applies non-
international armed conflicts which takes place in territory of
54 Ibid
91
the High Contracting Party between its armed forces and
dissident armed forces or other organized armed groups
which, under responsible command, exercise such control over
a part of its territorys to enable them to carry out sustained
and concerted military operations and to implement this
protocol. Because of these objective requirements, the
protocol essentially applies to situation of civil war. Protocol II
does not alter common article 3, but rather the two apply
collectively and in conjunction with one another.
3.5 Protection of the right of Internally Displaced Persons
(IDPs)
Careful consideration of the definition of IDPs will bring
to light fundamental questions as to the existing levels of
92
protection of rights and freedoms of persons falling within that
category. The consequences of internal displacement are
manifold and can deprive the persons concerned of the
essentials they need to survive. Loss of home, loss of
employment, loss of security of person, threats to life and
liberty, deprivation of food, loss of adequate health care and
loss of education opportunities are amongst the harsh and
immediate consequences of such a displacement. Most of
todays IDPs have fled their homes because of massive and
gross violations of human rights that threatened their lives
and live hoods. Yet the flight from their place of habitual
residence leaves IDPs particularly exposed to further acts of
violence,, to enforced disappearances and assaults upon their
93
personal dignity, including sexual violence and rape. The
governments of states that have IDPs within their territory are
first and foremost responsible for their care and protection. It
must not be forgotten, however, that the very acts which drove
the IDPs away from their homes were often instigated or
tolerated by that same government to begin with. In other
cases the governments concerned are not willing or able to
provide the IDPs with the levels of assistance and protection
they need to which they are entitled.55
The general observation can be made that IDPs are entitled to
all the human rights and freedoms to which they were entitled
when still living at their original place of residence within their
55 Ladan M.T. (2001) Cases and Material on Human and Humanitarian Rights
ABU Press, Zaria Nigeria
94
country. Certain issues relating to inter alia, the right to life,
liberty and security of person, freedom of movement, asylum,
etc, may be answered through legally binding instruments that
are already available. The special vulnerability of IDPs to
human rights violations and the fact that there are not yet
legal instruments that adequately address these
vulnerabilities nonetheless remain.
Internally displaced persons are fugitives in their own
country who, more often than not, find their rights and
interests unrecognized and unprotected.56 Recent examples
from Africa and the former Yugoslavia show that relevant
government authorities are indeed unable and/or unwilling to
56 M.T. Ladan, Supra.
95
respond adequately to the needs of IDPs and as a result are
increasingly appealing to the international community for
assistance. This has already caused the UN High Commission
for Refugee (UNHCR) to include the plight of IDPs in the
execution of its mandate, although they are not officially a
part thereof.
96
CHAPTER FOUR
4.0 THE ROLE OF THE ICRC IN PROTECTING THE RIGHTS
OF REFUGEES AND INTERNALLY DISPLACED PERSONS
4.1 Introduction
This chapter .seeks to make an in-depth analysis of the
protective role of the ICRC in protecting the rights of Refugees
and Internally Displaced persons.
Apart from other factors that may cause people to flee their
countries of residence to another country by the UN definition
of refugee, armed conflicts as over the years been a common
cause of flights by persons seeking to find a safe haven
elsewhere. Chief amongst these affected persons are the
97
civilian population who are rightly regarded as protected
persons under the 3eneva conventions of 1949 and their
Additional protocols.
The International Committee of the Red Cross has the
responsibility of protecting the right of this civilian population
who are compelled to flee their places of residence due to
armed conflict situations. This burden has a long time been
placed on the committee by the comity of nations especially
parties to the Geneva conventions of 1949. This chapter
therefore explores the mandate of the ICRC as they relate to
refugees and IDPs, it shall also present the writer with the
opportunity of presenting a bird-eye account of the methods
adopted by the ICRC towards the actualization of its goals. The
98
relationship between the ICRC and the UNHCR will equally be
discussed.
4.2 The Role of the ICRC in Peace Time
There is no doubt that today one would have become
inundated with countless number of armed conflicts through
which hundreds and thousands suffer as victims. The causes
of conflicts are often highly political, religious and sometimes
economical, but their consequences are devastating. As a
neutral humanitarian organisation, the International
Committee of the Red Cross (ICRC) does not take a stand on
the reasons for these conflicts, but seeks to mitigate the
consequences by providing assistance and protection to all the

99
victims. This is the mandate that the comity of nations has
entrusted to it. In order to meet the challenges, the ICRC has
over the years carried out its mandate before, during and after
such crisis. The bulk of its preparations are done in
peacetime.
The notion of having a peacetime preparation was one of the
basic reflections of Henry Dunant, the pioneer of ICRC. In its
bid to satisfy the concerned public and meet the needs of the
unprotected, the ICRC encourages the growth and
development of international humanitarian law which is one of
its priorities.
The ICRC has from inception, being the sponsor of the Geneva
Conventions and their Additional Protocols. Each of these
100
international instruments is inspired by respect for human
personality and dignity. The ICRC through this instrument has
established the principle of disinterested aid to all victims of
war without discrimination
The ICRC has throughout the years, labored relentlessly for
the greater protection in international law of the individual
against the hardship of war, it successfully elaborated the
humanitarian conventions and adopted them to current needs
or instituted new ones.
The year 1945 marked the end of the Second World War which
was longed on an unprecedented scale, the task has to be
faced of developing and adapting the humanitarian elements
of international law in the light of the experience gained. There
101
was the urgent need, for a convention for the protection of
civilians, the absence of which had, during the World War led
to grievous consequences. The ICRC in order to correct the
anomalies discovered, set immediately to work. First, it
collected the fullest possible preliminary information on those
aspects of international law that required confirmation,
enlargement, or amendment, then, with the help of exerts
from various countries, it prepared the revised and new drafts
which were submitted, first to an International Reds
Conference, and then to a Diplomatic Conference empowered
to give these treaties final validity.
After series of meetings in October, 1945 to March, 1947. The
Conference of Government Experts for the study of
102
Conventions and the protection of War victims was held in
Geneva from April 14 to 26, 1947. This was attended by
seventy representatives of fifteen governments which had held
large number of prisoners and civilian internees during the
war and were therefore particularly experienced in the matters
under discussion. Combining the committees proposals, the
suggestions made by the Red Cross Societies, the Conference
agreed to the new text proposed and to the first draft of
Convention for the protection of civilian persons in time of war.
The Fourth Geneva Convention which is the brain child of the
ICRC, forms an important contribution to written
international law in the humanitarian domain. The convention
aims at ensuring that, even in the midst of hostilities, the
103
dignity of the human person, universally acknowledged shall
be respected.
The original humanitarian legislation represented by the First
Geneva convention of 1864, provided only for combatants and
the Regulations concerning the laws and customs of war on
land, annexed to the fourth Hague Convention of 1957, made
no provision for civilians (apart from spies), except where there
was occupation of territory by enemy armed forces. The
Fourth Geneva Convention and the humanitarian concern for
civilians was therefore a landmark achievement for the
protection of displaced civilians who falls under the category of
Protected Persons in the Convention.
104
The (CRC as the promoter of International law
contributes actively to its development by preparing for the
work of Diplomatic Conferences empowered to adopt new texts.
At each stage in the codification of humanitarian law. It
prepares drafts which forms the basis of the texts to be
adopted by states. This is how the four Geneva Conventions of
1949 and their two Additional Protocols of 1977 came into
being.
Furthermore, as the custodian of the International
Humanitarian Law, the ICRC has been mandated by the
international community to monitor its application by the
parties to a conflict. This it does through its delegate in the
field, they check for example, whether:
105
i. The civilian population is popularly respected, that is,
protected against hostilities.

ii. Prisoners of War are treated in accordance with
provisions of the third convention;

iii. The population of occupied territory is receiving adequate
supplies.257 Where this is not the case, the ICRC reminds
the belligerents of
Obligations under the conventions. It also encourages states to
take practical steps in peacetime to ensure that the rules of
humanitarian law will be applied in the event of armed
conflict. For instance through
i. Translation of the conventions;

ii. Adoption of the provisions for the prosecution of War
criminals;
57 Answers to your questions: ICRC Publicaions: Geneva
106
iii. Adoption of legislation to protect the emblem.
The committee also reminds states of their obligation to
disseminate international humanitarian law and support their
efforts in their direction.
In continuation of the Peacetime functions, the ICRC
realizing the importance of education and the need to get
persons concerned informed about the sacred virtues of being
concerned about the weak and vulnerable, strives to spread
the knowledge of humanitarian law, particularly among the
armed forces, and organizes a large number of seminars on
the subject.
It is imperative to make it categorically clear that, the ICRC
neither investigates nor prosecutes offences, where it observes
107
a violation of the Geneva conventions or its Additional
Protocols, it makes a confidential approach to the authorities
responsible for the incident. Where the violations are serious,
repeated and established with certainty, it reserves the right to
t4 a public stance by denouncing this failure to respect
humanitarian law, provided it deems such publicity to be in
the interest of those affected or threatened by the violations.
Such a step is therefore exceptional. The punishment of those
responsible for violating international humanitarian law is a
matter for state party to the Geneva Conventions. The
Principles of international humanitarian law places state party
under an absolute obligation to repress such breaches 58. It is

58 Maria, T.D and et al, The ICRC and the implementation of a system to
repress breaches of International Humanitarian Law: off print from the
International Review of the Red Cross.
108
believed that only their universal repression can ensure real
respect for humanitarian law. This principle may not be
circumvented, even by agreement among the parties
concerned.59
The history of the protection of refugees and IDPs would be
incomplete without mentioning the role of ICRC, the history of
this protection started with the League of Nations, 60 the ICRC
was the initiator of the international protection system setup
by the League of Nations. The adoption of the 1951 convention
relating to the status of Refugees, which remains the
59 Article 50,52, 131 and 148 page 240 May-June, 1994.
60 Gilbert J. On the Common to Geneva Convention of 1949 (history of the

international Protection of Refugees): ICRC Vol. 83, No. 843 Spt. 2001, page
727.
109
indumenta instrument for Refugees protection, is said to be
one of the achievement in the field of humanitarian law. 61 The
ICRCs strong support for :he convention and the principles
set therein is too manifest to be mistaken. The committee has
equally demonstrated its unflinching commitment to the
Guiding principles on internally Displacement by insisting on
its implementation and disseminating its contents and
provisions.
It could be discerned from the exposition so far on this
chapter, that the ICRC has encouraged the development of
legal instruments in respect to the protection for displaced
persons. The objects of the committee in this respect is not
61 Jakob Kallenbder, President of the ICRC, forward to the IRRC. Sept. 2001
110
farfetched. It is obviously borne out of a desire to have a
foundation and legal premise to act in protecting the rights of
these helpless members of the society.
4.3 The Activities of the ICRC before Crisis
The ICRC tries to create awareness of humanitarian laws
and reminds various groups of their duties and
responsibilities as codified in international humanitarian law.
The committee deploys a host of experts to different parts of
the world, to disseminate knowledge on humanitarian law for
thousands of Men-at-arm every year in different language (be
they regular armed forces or juvenile groups). This function is
generally aimed at preventing crisis.
111
The ICRC has also developed a comprehensive strategy to
train and works aid emergency personnel to cope with
disasters.62 The committee also works and collaborate closely
with other organizations in the field of disaster prevention and
forecasting.
The development of an operational information policy on
potential crises is considered as one of the key elements in
disaster prevention and efficient intervention. The ICRC is
always interested in the availability of information about high
risk situations. It makes available to its emergency teams,
general and specialized maps, reports, lists of stocks and
62 Francois G.: From Prevention to Rehabilitation: Action before, during and

after the crisis. The experience of the ICRC retrospect: offspring from the IRRC
May-June 1995.
112
ethnosociological data. It is believed that these data would
result in the improvement of emergency action
The ICRC realizes the importance of a prompt direction of
crisis and therefore utilizes the Early Warning System (EWS).
The value of the EWS s to provide a timely warning which
would necessitate the taking of effective action so that worse
consequences could be avoided. The ICRC has its own which
consists of a network of regional delegations one of whose
tasks is to keep up a constant watch for incipient crisis
throughout the world.
The relevance of this action by the ICRC in respect to the
protection of refugees and IDP is predicated on the fact that,
armed conflicts are the most common reasons for flight and
113
displacement. Where the root causes of such displacements
are carefully handled, that is, preventing crises from occurring
or preparing adequately from the handling of crisis-situations
and their aftermath, the problem would certainly have been
nibbed in the bud
4.4 The Protective Role Of The Icrc In Armed Conflict
The ICRC is guided by its mandate in which protection
and assistance are extended to civilians affected by conflicts,
for example, those that have been internally displaced,
Prisoners of War (POW) and security detainees. These are
helpless and vulnerable persons who are in most cases ill-
treated, dehumanized or manipulated by the warring parties.
114
Protection is said to be the main-stay of ICRC activities 63
the concern of the committee is to ensure that all parties in
times of armed conflict adhere to the basic provisions of
international law. It also demonstrates its special concern for
refugees, deportees and persons displaced within their own
countries by providing protection in the countries of their
origin at the time of exile, setting up reception facilities in
transit or first asylum camps and supplying materials and
medical aid or by carrying out tracing activities or organizing
family reunifications and granting support to those engaged in
the procedure of applying for asylum.64
63 Walter S.: The Presence and action of the ICPC in Africa and Nigeria:
Implementation of International Humanitarian Law in Nigeria: Adekunle and
et al (ed) ICRC Publications.
115
As shall be explained fully in subsequent paragraphs, the
actions of the ICRC is mostly restricted to the arena of military
operations, to occupied territories or areas where political
violence and strife compel people to flee their homes.
In more specific terms, the ICRC embark on the following
protective activities to safeguard the rights of refugees and
displaced persons.
4.4.1 Representation
The ICRC makes representations to governments and
armed movement in a bid to promote understanding and
acceptance of the law of war and certain humanitarian
64 Federic M. an et al: ICRC activities for Refugees and Displaced Civilians:

extract from IRRC. Jan-Feb. 1999
116
principles so as to ensure that they are observed by all
parties. The committee also utilizes its access to political or
military authorities to fulfill its role as a neutral intermediary
with regards to various humanitarian issues which need to be
settled between parties to the conflict. Such as setting up
safety zones, protecting hospitals, organizing relief convoys,
exchanging prisoners and forwarding grievances.65
4.4.2 Active Protection
The ICRC carries out active protection through the
deployment of delegates to sensitive areas, access to refugees
camps and visit to places of detention. This presence, provided
for under the Fourth Geneva Convention, is intended as a
65 Op. cit. at 8
117
means for monitoring the observance of the law, detecting
violations and taking action on the appropriate level of
government and the military hierarchy. This is an essential
component of the ICRC operations.
4.4.3 Medical Assistance
The ICRC provides expertise and assistance in the field of
war surgery and emergency care in conflicts, first aid medical
repatriation and evacuation, basic pharmaceutical and
medical material for emergencies, physiotherapy and
118
orthopaedic rehabilitation for people disabled by war,
therapeutic feeding, primary healthcare and sanitation.
At the outbreak of war, one of the first and obvious needs
is medical Dare for the wounded. Local health facilities are, in
many cases ill equipped to cope with the needs arising from a
massive influx of casualties. Water and electricity supplies are
quickly used up, staff may not be able to reach their place of
work and medical staff may not always be familiar with war
surgery techniques. The ICRCs first response in case of this
nature is to deal with the immediate emergency need. This
may translate into setting up of its own surgical hospital for
the treatment of war wounded victims or providing expatriate
medical teams to work in existing local facilities. If the medical
119
facilities are still functioning, the ICRC performs surveys to
check on needs and distributes medicines and medical
supplies to hospitals and health post that have no other
source of supply. The fundamental concern of the ICRC in this
instance is to save and preserve life.
4.4.4 Food and Material Assistance
The states party to the Geneva Conventions recognizes
the right of victims of armed conflicts to receive supplies
indispensable to their survival. That right was further
developed with the adoption of the Additional Protocols of
1977.
In an international armed conflict, the right to assistance
includes in particular:
120
i. Free passage for consignments of certain objects
necessary to the survival of the civilian population. 66

ii. The duty of the occupying power to ensure essential
supplies to the population of territories ties it occupies 67
if in its own supplies are inadequate, the occupying
power must agree to relief material provided by outside
sources.68
Protocol 1 Article 69 and 70 strengthens the body of
rules adopted in 1949. For instance, a state at war must
accept impartial humanitarian relief schemes carried out
66 Article 123, Fourth Geneva Convention (drafted to deal with blockades)
67 Article 55, Fourth Geneva Convention.
68 Article 59, Fourth Geneva Convention.
121
without discrimination for the population on its own territory,
subject to the agreement of the parties concerned. If those
conditions are met, however, it would be wrong to refuse
such relief schemes, which are regarded neither as
interference in the armed conflict nor as hostile acts.
In a non-international armed conflict, Protocol 11, Article
18 specifies, among other things, that if the civilian population
is suffering excessive deprivation owing to a lack of supplies
essential to its survival, relief actions which are of an exclusive
humanitarian and impartial nature and conducted without
any adverse distinction must be undertaken subject to the
consent of the warring parties. It is now generally recognized
122
that the state must authorize purely humanitarian relief
operations of this nature.
Furthermore, the committees set up camps for displaced
persons and provide food and necessaries for their wellbeing
and survival. This programme has developed considerably over
the years. The ICRCs assistance is distributed directly to
beneficiaries after detailed evaluation of requirements on the
spot. The ICRC does not delegate its work in the field, this is to
ensure strict control over the use of food aid and prevent it
being diverted or used for political ends by the armed forces or
the other armed group.
This policy of independent supervision not only
guarantees the impartiality of humanitarian operations but
123
also constitutes an important factor of protection to the
assisted population.
4.4.5 Tracing and Family Unification
As a consequence of armed conflict, prisoners of war and
civilian internees are separated from their loved ones, families
are split ups and people go missing. The Geneva conventions
and Protocol 1 contain a number of provisions for the
protection of these victims. They apply in the event of
international armed conflicts and empower the ICRC to
carryout the following tasks:
1. Forward family messages and other information69

69 Article 26 Fourth Geneva Convention.
124
a) Receiving and registering prisoner-of-war capture cards
and civilian internment cards, the duplicates of these
cards being sent to the captives families;

b) Forwarding mail between people deprived of their
freedom and their families.

c) Forwarding family news (Red Cross messages) between
separated members of a family when normal postal
channels are unreliable.

d) Receiving and transmitting death notices.
More generally, the ICRCs Central Tracing Agency acts as an
intermediary between the parties to the conflict or more
accurately between :he national information bureau for the
transmission of information on people protected by
humanitarian law.
125
2. Inquiring into the whereabouts of missing persons 70
3. Reuniting dispersed families.71
The ICRC first did this type of work during the Franco-
Prussian War of 1870. Acting as an intermediary, its tracing
agency in Basle set about restoring contact between prisoners
of war and their families, starting with the list of wounded
persons between the belligerents. Since then, the ICRCs
Central Tracing Agency has considerably developed its
activities.
4.4.6 National Information Bureaux
70 Article 33 Protocol 1 and Article 26, Fourth Convention.
71 Article 74 Protocol 1 and Article 26 Fourth Convention.
126
The third Geneva Convention (Art. 122) states that upon
the outbreak of hostilities each neutral or belligerents power
that has enemy nationals on
Its territory must set up an official information bureau for the
prisoners of war there. Each belligerent power must inform its
own information bureau of all prisoners captured by its force
and provide the bureau with every available detail concerning
the identity of these prisoners, so that there is no such
boureaus, as is often the case in conflicts, the ICRC itself
undertakes to gather information on people protected by the
Geneva Conventions.
4.4.7 Central Tracing Agency
127
A Central Prisoners of War Information Agency shall be
created in a neutral country. The International Committee of
the Red Cross shall, if it deems necessary, propose to the
powers concerned the organization of such an Agency. The
function of the Agency shall be to collect all the information
may obtain through official or private channels respecting
prisoners of war, and to transmit it as quickly as possible to
the country of origin of the prisoners of war or to the power on
which they depend (...).(Art. 123 Third Convention).
4.4.8 Dispersed Families
Each party to the conflict shall facilitate enquiries made
by members of families dispersed owing to the war, with the

128
object of renewing contact with one another and of meeting, if
possible (...) (Art 26, Fourth Convention)
4.5 THE PRESENCE OF THE ICRC IN ARMED CONFLICT
SPOT
The ICRC has established itself as a globally recognized
humanitarian movement whose presence is both seen and felt
in periods of armed conflict. The humanity principles of the
committee serve as a propellant in its unrelenting and
unquenchable zeal to provide succor to the unprotected
anywhere in the world.
The ICRC carried out extensive humanitarian work and
after the first and second world wars, the experiences gathered
129
were useful in the drafting of various humanitarian
instruments after the war.
In 1946, one year after the end of the Second World War,
Some 1,675, 000 people in Europe, Africa and the Middle East
were considered as refugees for whom new home had to be
found. Some 320,000 of them were placed under the ICRCs
responsibility, these were refugees from Germany, Australia
and the Sudetenland, and Spanish refugees.
The ICRC also cooperated with the United Nations in
1948 to carry out a refugee protection programme for
Palestinian refugees. An estimated 395,000 refugees were
assigned to the care of the ICRC which immediately set to
work to alleviate the sufferings of these victims of hostilities.
130
The ICRC has been playing an indispensable role through
its Central Tracing Agency (CTA). While its primary task was
to restore contacts between prisoners and their families, since
First World War, it has also tried to bring civilians dispersed by
war together again. In the year 2000, the ICRC forwarded
nearly, one million family messages traced 2,457 missing
persons, received 6,092 new tracing requests and re-united
2,481 persons with their
families.72
In 1945, the ICRC created the travel documents which is
still in use today. This document is intended for internally
displaced persons, stateless persons or refugees who, for lack
72 ICRC Annual Report
131
of proper identity papers, can neither return to their country
of origin or usual residence nor travel to a country of their
choice willing to grant them Asylum.
The committee intervened to help 25,000 Iranians of
Kudish origin who had sought refuge in Iraq and where
interned at the Al Tash Camp near Ramadi (in the 1980s). At
the request of the Iraqi authorities, the ICRC also endeavoured
to fine refuge countries for other Iranians who had fled to Iraq
and were regularly visited by it in camps at Shomali and
Ramadi.
The ICRC as an impartial and neutral movement has also
had occasions to intervene and protect the rights of refugees
and internally displaced persons where the host government is
132
reluctant in allowing the UNHCR to step in. For instance, the
ICRC conducted a joint operation with UNICEF on behalf of
Cambodian refugees in areas bordering Thailand, which did
not want UNHCR to intervene. So after consulting with
UNICEF and with the consent of the Thai government, the
ICRC stepped in by virtue of the rights of initiative laid down
in its statutes.
The emergency relief operation carried out in the former
Yugoslavia by the UNHCR and the ICRC has been described as
one of the largest, most complex and riskiest international
relief programme ever undertaken. The Humanitarian
operation in Bosnia- Herzegovina presented complex issues
which included: the sheer scale of the crisis, which produced
133
the largest number of refugees and displaced persons in
Europe since World War II. The displacement of the
populations as an objective rather than as a consequence of
the War, through a practice euphemistically known as ethnic
cleaning: flagrant attacks on the humanitarian principles,
including systematic denials of humanitarian access; the
unprecedented level of security risk faced by humanitarian
personnel; and the involvement of UN troops with the primary
mandate of supporting the humanitarian operation.
4.5.1 ICRC in Armed Conflict Situation in Nigeria
The whole issue of armed conflict lies at the very heart of
the concerns of the ICRC, an organization dedicated to
preventing and relieving the suffering caused by war. Nigeria is
134
the main arena for the activities of the ICRC, which has 19
operational and regional delegations and some 3,000 staff on
the continent, and whose work in Africa accounts for almost
half of its operational budget.73
The ICRC hopes to have the opportunity to expand upon
these initial comments in the framework of its ongoing
dialogue with the United Nations, as well as with the
Organization of African Unity (OAU).
These remarks is based on two principal themes:
reaffirmation of the relevance of international humanitarian
law, and the need for truly humanitarian action in aid of
conflict victims which would pave the way for reconstruction
73 See the additional Protocol, Protocol 1 article 53-56.
135
and create the conditions necessary for sustainable
development.
The ICRC have noted the sharp decline in the level of
adherence to humanitarian norms in crisis situations. In view
of the abuses and atrocities
4.5.2 The I.C.R.C and the protection of displaced person in
Nigeria
In Nigeria, the I.C.R.C protects and assists people
affected by violence, in particularly Niger Delta and concern
states in the north which are prone to inter-communal and
136
political violence.74 It promotes international humanitarian
Law and other rules that protects people in situations of
violence. The I.C.R.C, supports the emergently response work
of the Nigeria Red cross to mention but a few. Also, the
I.C.R.C, has assisted Nigeria to a diverse way, some of which
are:
4.5.2.1 Provision of Health Care:
In 2010, the I.C.R.C stopped up its operation in violence prone
rerens of Nigeria by establishing a presence in the northern
74 Jean- Phillipe (1998) guiding principle on internal displacement:

International review of the red cross p.86.
137
state of Kano and opening a sub-delegation at Port Harcourt
in southern niheria i.e in the Nigeria Delta regions. The
I.C.R.C currently operates a mobile boat-clinic which
transport health personnel, staff of the ministry of health and
Nigeria red cross volunteers to the difficult to reach
communities in the creek. The I.C.R.C provide support for
selected hospitals, where casualties were taken following
serious violence. It opens office in Jos and is stepping up its
operations in violence prone areas of northern Nigeria. 75
4.5.2.2 Provision of Relief Material
75 Ladan M.T. (2001) Introduction to International Right and Humanitarian

Law Ahmadu Bello University, Press Zaria, Nigeria.
138
In a non-international armed conflict, Protocol 11, Article
18 specifies, among other things, that if the civilian population
is suffering excessive deprivation owing to a lack of supplies
essential to its survival, relief actions which are of an exclusive
humanitarian and impartial nature and conducted without
any adverse distinction must be undertaken subject to the
consent of the warring parties. It is now generally recognized
that the state must authorize purely humanitarian relief
operations of this nature.76
Furthermore, the committees set up camps for displaced
persons and provide food and necessaries for their wellbeing
and survival. This programme has developed considerably over
76 Ladan M.T. Opcit p.67.
139
the years. The ICRCs assistance is distributed directly to
beneficiaries after detailed evaluation of requirements on the
spot. The ICRC does not delegate its work in the field, this is to
ensure strict control over the use of food aid and prevent it
being diverted or used for political ends by the armed forces or
the other armed group.77
This policy of independent supervision not only
guarantees the impartiality of humanitarian operations but
also constitutes an important factor of protection to the
assisted population.
77 Ibid p. 68
140
CHAPTER FIVE
SUMMARY AND CONCLUSION
5.1 Summary
Humanitarian law governs the conduct of warring parties (not
just states) during times of armed conflict. Set out principally
in the four Geneva Conventions and their two Additional
Protocols. Humanitarian law provides for humane treatment of
those not taking part in hostilities (e.g civilians) and is
141
generally regarded as binding on all nations, whether formal
parties to the conventions or not.78
Although there is no explicit provision for non-refoulement in
humanitarian law, there is an implied humanitarian obligation
not to send non-combatants back to a state of conflict. This is
important, as a many countries (mainly in the industrialized
world). interpret they key word prosecution in the refugee
definition as being of a singled-out nature.79 These
governments are often hesitant to grant asylum to refugees
from armed conflicts, claiming they are fleeing from a state of
78 Ladan M.T. (2001) Cases and Materials on Human and Humanitarian Law
ABU Press Zaria Nigeria
79 Lavoyer J.P.,(ed), IDP,s Report of the Symposium, Geneva, 23-25 October

(1995).
142
general violation and not persecution per se. such
arguments sometimes may be overcome by referring to
humanitarian law.
Implementation of the Geneva Convention is overseen by the
International Committee of the Red Cross (ICRC), which has
its headquarter in Geneva. Through humanitarian law
provision are not specifically supervised by the UN, they are
generally regarded as important standards of international law
and are often cited as such in Un documents. 80
Internal displacement remains a pressing issue in the
ECOWAS region. While some significant displacement crises
have attenuated due to the cessation of hostilities and tens of
80 Ibid
143
thousands of IDPs have been able to return to their original
place of residence, over a million more in the region remain in
a precarious situation and new situation of internal
displacement continues to occur. A great deal therefore
remains to be done to address IDPs protection and assistance
needs, to find durable solutions to their plight and to prevent
further displacement from taking place.
There are challenges for national and local authorities,
first and foremost, to address together with the affected
populations. But internal displacement also is a problem of
particular impact at the regional level and one that regional
bodies as well as the international community can help to
address, in particular by promoting and reinforcing national
144
efforts. Indeed, given the magnitude and complexity of crises
of internal displacement, working in partnership with regional
bodies and the international community may prove valuable to
ensuring effective responses.
5.2 Findings
1. Most of the IDPS are denied the right to vote and
participate in governmental and public affairs because of
their vulnerable status.

2. Also, there is problem of poor standard of living which
include inadequate food, shelter, medical services e.t.c.

3. There is always logistic problem in terms of resettlement of
the displaced persons with their relatives.
145
4. The existing humanitarian law and rights of the IDPS as
constrained in the I.C.R.C and other geneva conventions
are not guaranteed.

5. There is less orientation by the I.C.R.C to promote its
humanitarian activities especially in academic circles.

6. The IDPS are sometimes not having access to justice
especially victims of violence as the I.C.R.C sometimes did
not fulfil their mandate.

7. Again there is not trust relationship between the
international organizations, the I.C.R.C and even the
military in facilitating the needs of the displaced persons.

8. Many government are not aware of the actual number,
locations of the IDPS talk less of an effective policies to
assist them.
146
9. There is no proper training giving to the camp
administrators and other government officials in handling
the issues of the displaced persons.
5.3 Conclusion
Pursuant to its mandate to promote humanitarian law,
and in particular the implementation thereof, the ICRC took
an active part in the 1997 New York Preparatory Committees
discussions on the establishment of an International Criminal
Court.81 Many of the issue dealt with were of fundamental
importance to both the effectiveness of the court and the
safeguarding of existing law, especially the definition of the
crimes envisaged, the question of the complementarily

81 See UN Commission on Human Rights Resolution 2004/55; Geneva
Assembly Resolution 2004/58.
147
between national courts and the future international criminal
court, and the preconditions to the exercise of jurisdiction by
the court (referred as the trigger mechanism). The ICRC
deemed it important to take a position on these issues and to
stress the need for ensuring, as far as possible, that existing
humanitarian law was reflected in the courts draft statute.
Today, with the adoption of the statute of the International
Criminal Court in Rome, on July 17, 1998, the court is now a
reality at last.82
The ICRC also developed its activities to promote
humanitarian law in academic circles all over the world. In the
Russian Federation, for example, this law now features in the
82 See Report of Commission of Human Rights Resolution 2005/46.
148
curricula of institutions of higher learning and in India a
national research centre supported by the ICRC monitors its
promotion at the University of Delhi and the University of
Bangalore. The introduction of humanitarian law into
universities serves both to familiarize the future political,
economic and military elite with the fundamental rules
governing respect for universal values of humanity, and to
train experts in circles likely to participate in developing the
law when the time comes. These important factors prompted
the ICRCs Division for the Promotion of International
Humanitarian Law to appoints a coordinator for academi9c
circles. This effort has resulted in the training of University
149
Lecturers in Geneva interested in teaching IHL in the summer
of 1998 and that of 1999 is scheduled for New York.
Access to victims of violence hinges on dialogue with the
armed and security (police) forces. The ICRC develops ongoing
relations with these forces so as to instill respect for
humanitarian law in them and be able to fulfill its mandate to
assist and protect these victims. This is the task of the
Division for Relations with Armed and Security Forces, whose
core activities consist in teaching and helping to introduce the
law of armed conflict into military instruction programmes.
The ICRC seeks thereby to build trustful relations with the
military and paramilitary world so as to facilitate its access to
victims that fall within its mandate, if need be.
150
Promoting the universal humanitarian message, using
creative means to convey the message to others and
undertaking stringent evaluation of projects already under
way so as to keep on improving them, there are the challenges
facing dissemination in a world, and in situations of armed
conflict, that are ever changing.
5.4 Recommendations
It is clear from the observations above, that the ever-
increasing numbers of IDPs and refugees has placed a great
challenge to national and international organizations such as
ICRC, UN, UNCRSR and other Humanitarian groups. Hence,
the following are recommended as solutions to the problems:
151
1. The IDPs should be giving the right to vote and
participate in governmental and public affairs as
provided by principle 10 (2) (e) of the giving principles on
internal displacement.
2. Also, IDPs should have adequate standard of living
including ensuring safe access to essential food, potable
water, shelter and housing as well as medical services
and sanitation.
3. The IDPs should be given option to either voluntary
return in safety and dignity or resettlement in another
part of the country.

4. The ICRC should deemed it important to take a position
on the issues of IDPs to stress the need for ensuring that
existing humanitarian law reflected in the courts draft
statute.
152
5. The ICRC should develop its activities to promote
humanitarian law in academic circles all over the world.

6. The ICRC should develop respect of humanitarian law
and access to justice by victims of violence and be able to
fulfill its mandate to assist and protect these victims.

7. The international organizations and the ICRC should
seeks to build trustful relations with the military and
paramilitary world so as facilitate its access to victims
that fall within its mandates.

8. Government should have creditable information on the
number, locations and conditions of IDP in order to
design effective policies and programs.

9. Government officials, including camp administrators,
military and police should be giving adequate training to
ensure proper treatment and handling of the IDPs.
153
Bibliography
Ladan, M.T, (2001): Introduction to International Human
Rights and Humanitarian Laws, A.B.U Press, Zaria,
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154
Ladan, M.T, (2006): Migration, Trafficking, Human Rights and
Refugee under International Law, A Case Study of Africa,
A.B.U Press, Zaria, Nigeria.
Deng, F.M., (1994): Internally Displaced Persons, An Interims
Report to the U.N Sectary General on Protection and
Assistance, New York, U.S.A.
Uwazie, et-al (ed): (1999): inter-ethnic and Religious Conflict
Resolution in Nigeria, Lexington Books, Maryland, U.S.A.
Uchegbu, A. (1997) Nigeria National Practice Report Study on
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Agala, A., and Sagay, I. (ed) (1997): Implementation of I.H.L in
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156

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THE ROLE OF INTERNATIONAL COMMITTEE OF REDCROSS IN PROTECTING THE RIGHTS OF REFUGEES AND INTERNALLY DISPLACED PERSONS

THE ROLE OF INTERNATIONAL COMMITTEE OF REDCROSS

IN PROTECTING THE RIGHTS OF RFUGEES AND INTERNALLY

BEING A LONG ESSAY PROJECT SUBMITTED TO THE FACULTY

OF LAW,AHMADU BELLO UNIVERSITY,ZARIA NIGERIA IN

PARTIAL FULFILMENT OF THE AWARD OF LLB(HONS)DEGREE

for a degree anywhere in the world.

research have been appropriately acknowledged.

In consequence all shortcoming and mistakes in this work are mine.

ZAYYANA KHADIJAH Date

This long easy titled THE ROLE OF INTERNATIONAL COMMITTEE

OF REDCROSS IN PROTECTING THE RIGHT OF REFUGEES AND

INTERNALLY DISPLACED PERSONS by Zayyana Khadijah meets the

regulations governing the award of degree of L.L.B (Hons) of Ahmadu Bello

Dr. S.A. Apinega ______________ _________________

Barr. M.T. Jibril _________________ _________________

Dr. K.M. Danladi ______________ __________________

Prof. I.A. Aliyu _____________ ___________________

This project is dedicated to my beloved parents, Egnr. Zayyana Kabir and

Jannatul Firdaus be their Final Abode (Ameen).

I am most grateful to Almighty Allah for granting me the

wisdom to complete this work and for blessing me much more

I express my profound gratitude to my supervisor for his

patience, understanding and readiness to assist by sparing his

time despite his tight schedules and making necessary

corrections, ensuring the corrections were effected till the end

of this work and ensuring the best of this work is seen.

A special thanks you goes to my wonderful parents Engr.

Zayyana Kabir and Hajiya Amina Abdulkarim for their love

you, it nothing in my life would have been without your strife,

nothing I can say, can every truly covey, nothing I can do to

Finally, my profound gratitude to my close friends Huda

Mohammed Adam, Ummu Kuitum Ismail, Muhammad Baffa,

Labir Ahmad, Sani Wadau, Jamila, Abubakar, Saidu M. Lawal

thanks for being there.

1.1 Background to the Study - - - - - -1

1.2 Statement of Research Problem - - - - -5

1.3 Objectives of Study - - - - - - -7

1.4 Scope of Research - - - - - - -8

1.5 Research Methodology- - - - - - 10

1.6 Literature Review - - - - - - 10

1.8 Organizational Layout - - - - - 18

CHAPTER TWO: CONCEPTUAL CLARIFICATION OF

RELEVANT KEYS AND HISTORICAL DEVELOPMENT

2.2 Definition of Selected Terms - - - - 21

2.2.2 Internally Displaced Persons - - - - 24

2.2.3 International Humanitarian Law - - - 25

2.3 Historical Development of ICRC - - - - 27

2.4 The Legal Basis of ICRC work - - - - 33

2.5 The Fundamental Principles of the Red Cross Movement

and the ICRC - - - - - - - - 40

2.6 The International Committee of Red Cross and

CHAPTER THREE: NATURE AND SCOPE OF RIGHTS OF

REFUGEES AND INTERNALLY DISPLACED PERSONS

3.2 Rights of Refugees - - - - - - - 48

3.3 Legal Framework Relating to Refugee Protection - -

3.3.1 The Geneva Convention - - - - - - 53

Dr. S.A. Apinega ___

Barr. M.T. Jibril _ _

Dr. K.M. Danladi ____

Prof. I.A. Aliyu _ _______