Forum: War and Accountability

Forum: war and accountability

ICRC publication 2002 ref. 0808

Forum: war and accountability

Selected articles

What does "accountability" in wartime really mean? How does it work in practice and who is accountable to whom? Against what standards is humanitarian assistance measured? How will accountability relationships evolve in the future? Should those who benefit be more involved in their own aid?

In the third of its series of FORUM publications, the ICRC's FORUM : War and Accountability offers a wide-ranging look at the issue of accountability and its relevance for those involved in bringing humanitarian assistance to people in need, in times of war or violence.

The authors come from a wide range of experience and each has contributed in a personal capacity. The views expressed do not necessarily reflect those of their organizations or of the ICRC.

The accountability relationship

People affected by conflict or internal violence require some form of assistance.

A set of actors, "humanitarian organizations", attempt to provide this assistance by undertaking a range of actions. An array of other actors can influence, directly or indirectly, whether, how, and what degree of assistance will be provided in a particular context.

Humanitarian action is based on references which may be institutionally derived, or empirically or consensually based, and are subject to quality assurance mechanisms. Thus, the action, the references and the compliance mechanisms form the basis on which the responsibilities of various actors are defined. Interrelationships between actors – notably the extent to which they facilitate or impede the activities of one another – play a pivotal role in determining how such responsibilities are discharged.

Ultimate accountability is towards people affected by war preface_mr.qxd 3/1/02 4:13 PM Page 4 nrdcoyremarks Introductory n nrdeto the of one ingredient development co international of It appeared in the vocabulary international relations. in the field of THE CONCEPT OF ACCOUNTABILITY IS RELATIVELY NEW su hudteeoeb hto conaiiyo the first two accountability of issue should therefore be that of the main emerging Today, the other actors. genuine dialogue with organize themselves and request a express views, critical out, the latter emerge from their passive role of in conflict situations, Increasingly, and people affected by war. organizations humanitarian actors, between political and military relationship accountability as a triangular must be viewed of scope The global governments on resource management issues. r co provided toassistance people affected and services by armed the material This process has already improved of the quality aid were humanitarian scrutinized. increasingly effectiveness of to co accountability mostly donor-driven, was initially promotion of to as the protagonists are close very – and often – identical action, the concept should have expanded to humanitarian the scope of to estricted to a dialogue betweenagencies and donor estricted humanitarian ad oo oenet.Teipc,standards and cost- The impact, wards donor governments.

nflict by the more professional actors. humanitarian agencies humanitarian on the accountabilityncentrating of hs novdi eeomn oprto.Hr,to the too, Here, those involved in development cooperation. that It is not surprising promote in developing countries. Ac c ountability in situations of armed conflict armed cannot be in situations of ountability “ g o oenne whic ood governance” operation in the operation “ h aid agenci victims”; early 1990s early as they speak they es sought co the international been argued that it becomes of the responsibility it has Should it be unable or unwilling to ensure this protection, the State directly concerned. that of is primarily This responsibility to the former protect the latter. stems from of the responsibility h is bound to have implications for both State and This mu is the area to which national and international political actors conflict Addressing the root causes of preventing future conflicts. to this process to for whichthe conflict the parties are accountable a key element of for example, the missing is, the fateascertain of A strong commitment to war and encourage reconciliation. of ex also The responsibility all non-combatants affected by the conflict. so as to gain access to adequate resources, and with independently, by law international humanitarian and of put an end to violations both by acting to prevent or non-combatants must be ensured, co action to end the military necessary, if diplomatic and, political, aergt n antb rae smr bet fcharity. have and cannot be treated as mere rights objects of people affected by conflict actors towards the third one: sets of mntra cosi h ufleto their obligations. actors in the fulfilment of umanitarian

te mmunity. fit It also means that protection and assistance of nflict.

h aiis Promoting reconciliation step towards is a vital the families. guaranteeing humanitarian actorsguaranteeing humanitarian the space need to they act tdvt uhmr teto n eore.Everybody is st devote much more attention and resources. d oteatraho ofit,in order to heal the wounds conflicts, nds to the aftermath of h conaiiyo State actors towards populations civilian The accountability of 2 In

co nflict situations, this responsibility entails this responsibility nflict situations, 1 cannot be treated as mere objects of charity. as mere cannot be treated by conflict have rights and ...people affected wi a hmamaigu ilgecudb salse.Such dialogue couldwhom a meaningful be established. with the population, representing of partners affected segments could more be devoted nevertheless effort to identifying mission, a humanitarian at the outset of but, cannot be easily dismissed, These arguments needs assessment and response procedures. Wo c it Given to the necessity rapidly, act population. the civilian of local institutions representing different segments involvement of the active or at least limits, conflict precludes, action in times of h It is somewhat less familiar to development cooperation. to protect designed in the activities and assist them. partners are they all too seldom treated as on their needs for assistance, affected peo Although autonomy. to designed programmes and implementation of in the formulation h of enabling the beneficiaries face the challengesuffering of co humanitari concerns of primary ould be difficult to find efficient and impartial partners. ould be difficult to find efficient and impartial aeo h motneo ofitpeeto,yet the political conflict prevention, of the importance ware of mntra cos h elta h eyntr fhumanitarian nature feel that the very of who actors, umanitarian umanitarian action to make their voices heard, to participate to participate to action makeumanitarian their voices heard,

mte opeetn,ending or at least limiting abuses and mmitted to preventing, ll to act decisively in this sense remains hopelessly weak. meet their most urgent and vital needs and to fostermeet their most urgent and vital their r king together with local associations couldking together impair well-oiled with This problem is well to known those involved in international the people affected by conflict armed is one of The fate of natr.Instit an actors. ple are frequently consulted utions specifically 2 1 of Ja accountability does not allow for forgotten conflicts. co the different conflicts due to factors such as the location of of vi but should also be applies to people affected by specific conflicts, any – not only action humanitarian – the constitutive element of to shared accountability towards the population. of hence, and, partnership could developparticipation a sense of The Responsibility to Protect Sovereignty (ICISS), and State Commission on Intervention See the Report of International p.11. 19, Occasional Paper No. Studies, Watson Jr Institute for International Thomas J. Larry Minear and Larry Thomas Weiss, wdgoal,to avoid gross inequalities between the victims ewed globally, cques Forster, Vice-President of the International Committee the International Vice-President of cques Forster, ad fetdpol lohsagoa ieso.Impartiality wards dimension. affected people also has a global fit h neet novdadmdaatnin Genuine the interests involved and media attention. nflict, the Red Cross (ICRC) Fo ohpltcladhmntra cos accountability actors, r both political and humanitarian , nentoa eeomn eerhCnr,Otw,December 2001. Ottawa, Development Research Centre, International uaiainAto:A Transatlantic and Research Agenda for Operations Humanitarian Action: ,

preface 04 – 05 preface_mr.qxd 3/1/02 4:13 PM Page 4 nrdcoyremarks Introductory n nrdeto the of one ingredient development co international of It appeared in the vocabulary international relations. in the field of THE CONCEPT OF ACCOUNTABILITY IS RELATIVELY NEW su hudteeoeb hto conaiiyo the first two accountability of issue should therefore be that of the main emerging Today, the other actors. genuine dialogue with organize themselves and request a express views, critical out, the latter emerge from their passive role of in conflict situations, Increasingly, and people affected by war. organizations humanitarian actors, between political and military relationship accountability as a triangular must be viewed of scope The global governments on resource management issues. r co provided toassistance people affected and services by armed the material This process has already improved of the quality aid were humanitarian scrutinized. increasingly effectiveness of to co accountability mostly donor-driven, was initially promotion of to as the protagonists are close very – and often – identical action, the concept should have expanded to humanitarian the scope of to estricted to a dialogue betweenagencies and donor estricted humanitarian ad oo oenet.Teipc,standards and cost- The impact, wards donor governments.

te mmunity. fit It also means that protection and assistance of nflict.

preface 04 – 05 16-21_vanbrabant.qxd 26/3/02 3:31 pm Page 16 appropriate. and obtain redress where and complaints, may concerns report safely and legitimately organizations and States that individuals, Accountability also means for their actions. organizations and States have to account r and being held actions and inactions, Being accountable means explaining one’s Understanding accountability trends recent an overview of Accountable humanitarian action: •t •there •there •t •t •some sosbefrte.Individuals, esponsible for them. failed to act responsibly, with perhaps with failed to act responsibly, we responsiblythose who performed and bearers fulfil their responsibilities; monitor to what degree the duty- a duty-bearer; of thereof, or lack the performance, for judging are identified; r people are articulated; here can be consequences: praise for praise here can be consequences: responsible for he duty-bearers, and groups of individuals of he rights especting and fulfilling those rights, An l and reprimand for those who ll,

body has to be affected; are standards certain or benchmarks are that autonomous duty-holders accountability system requires that: 2 State and inter- between citizens and the State, the social contract are the questions of co At power. to relates Ac Ac accountability? in interest the current drives What •Liberal here. highlighted a political struggle. the object of evolve histor in that debate, and who participates debated, is the terms in which “accountability” they havethey to operate. and shape the conditions under which those who influence but also of actors, humanitarian is the accountability of co the social has developed a new model of rgopo people. or group of to an individual grievance unnecessary re ntemporary debate about accountability ntemporary countability in a global political context political in a global countability co dress where such failure caused Three important elements can be Three important Wh ntract between citizensntract and the State. naiiyi nato utc,and justice, is an act of untability relationships. This debate is not static: not is debate This relationships. at we are concerned here with ideology overideology the last 20 years clyadcntesle be themselves ically and can

h oeo the the core of of the Project. This article and does not necessarily represent the views was written in a personal capacity Ko enraad Van Brabant is currently co-director of the Humanitarian Accountability Project. •The concern for people’s rights. There is little is There people’s rights. for concern international obligations or principle, interests than bystrategic rather being driveninterventions risk by geo- gro when people’s are fundamental rights international interventionism or regional in the people also opens way for Middle Middle and the Africa in Asia, movements, sometimes also from opposition but from governments, certain and there is active resistance ideology, c There are differences among accepted. universally however, is not, State” the “accountable concept This of citizens. tr the concept that a government has to be has strengthened the day, government of vested ultimately is argument that “sovereignty” the Politically, the State. accountability of and responsibilities and hence affected the perceivedsignificantly role “ and the “privatization” Economically, ountries that generally share that generally this ountries public sector reform” ideology has ideology public sector reform” ansparent and accountable to its syvoae.Hwvr these However, ssly violated. notion that sovereignty is vested ntepol,and not in its in the people, East. 1 muiy h raino the Ad Hoc creation The of impunity. hu of gross violations of hold perpetrators to There is a new international willingness Hold Wa •Finally,t mult such of and legitimacy credibility accountability diminishes the of This lack 1994 genocide in Rwanda). to stop the or for the failure to act (e.g. Iraq), against the ongoing sanctions (e.g. themselves may people’s violate rights that against Serbia, bombing campaign such as the 1999 NATO interventions, any accountability for multilateral if Seattle, lack of civic responsibility. civic lack of Seattle, in summits that started at global since the violence governance and, re against their perceived lack of until the recent backlash spotlight, to managed have however, themselves, They blowers”. ex have cast themselves into the role of that often diverse very and fragmented, NGOs and social movements,primarily being held accountable?they It is wh r How are their influence. significant and control resources that give them take they on roles their accountability: glo tran tran notably these, of Some State actors. non- increasedsignificantly influence of man rights to accountman rights and thereby end sosblte icmcie,and to esponsibilities circumscribed, r and accountability rsnaiees democratic presentativeness, te ing the perpetrators to account ing the perpetrators om are accountable? they How are bally. This creates This challenges for bally. rn ntoa i raiain,act snational aid organizations, and snational business corporations ilateral actions. l“acdg”and “whistle- al “watchdogs” here is the proliferation and tyoto the stay out of 3 Crim C •Where l •I •T •L view. of point from a “justice” but also credible accountability effective, of challe it is still a major Nevertheless, account. never be called to will assume that they can no longer that they against humanity ri gross human the political orchestrators of toThe Pinochet case was another signal something that did not exist before. (1948), Genocide of the Crime and Punishment of and the Convention on the Prevention internationallaw humanitarian notably, mechanisms breaches to deal with of, Wh gh ourts and a permanent International and a permanent ourts often had popular support? fact that repressive or aggressive leaders leadership? How the is one to deal with responsiblebrutalities and/or the political only Are between who and how many to prosecute. the law has to find a balance occurred, itself. uses to support party or purchasing resources that a warring sanctions violating arms, smuggling w a to account those who directly contribute to to bring needs to be developed, international judicial bodies. laws that allow active cooperation with around the world need to create domestic National legislators enforcement. credibility. r underfunded or that mismanages its that is A judiciary slow and expensive. nternational and national legislation esources loses effectiveness and egal prosecutions cases are and court at we see here is the development of he law is only as effective as its ts violations, war crimes and crimes war crimes ts violations, inal Court is a historic step is a historic forward. inal Court nge to make these legal mechanisms reooy o xml,by for example, ar economy, arge-scale violations havearge-scale violations those who directly committed 3M 1A 2 •Qua agencies. humanitarian accountability of and integrity moral performance, relatemain criticisms of to the quality The closer and more scrutiny. critical Human operators The humanitarian lead by example. justice and accountability would want to fairness, those seeking the restoration of It would follow then that solution. durable restorat its conflict, law is a major cause of of the rule A breakdown of is not consistent. that feeling emotionally understandable, While indignation. sometimes met with need to be accountablethe suffering is an end to a conflictbring or at least mitigate The argument that those intervening to Hold •F A ne:ACC/01/09/2001. HAP Index: FrameworkKey Elements and Operational Humanitarian Accountability Project, Humanitarian Accountability they can improve it. and how affected people, on the question of their transparency and accountability towards involved in the provision of relief or humanitarian aid organizations ete odn 2000. London, Centre, fetv uevso.I atclr NGOs In particular, effective supervision. governments may not be able to provide Host uneven. on the ground can be very organizations that the performance of has meant many conditions or controls, without “humanitarianism”, banner of under the operation funds for a “relief” ev that virtually and the fact today, action become involved in humanitarian non-governmental organizations that perceived as “victor’s justice”. cred be to

. pilot project intended to focus the attention of institutions and pilot project intended to focus the attention inally, but perhaps most importantly, but perhaps inally, Edwards, roecnstu n“G”and raise can set up an eryone “NGO” ing the interveners to account ing the interveners iy h rlfrto fespecially the proliferation of lity: o ao opnn fa ion a major component of itarian agencies haveitarian come under NGO Rights and Responsibilities ible justice cannot be Humanitarian Accountability: ,G nv:11 October 2001, eneva: , The Foreign Policy

section 0ne : defining accountability 16 – 17 16-21_vanbrabant.qxd 26/3/02 3:31 pm Page 16 appropriate. and obtain redress where and complaints, may concerns report safely and legitimately organizations and States that individuals, Accountability also means for their actions. organizations and States have to account r and being held actions and inactions, Being accountable means explaining one’s Understanding accountability trends recent an overview of Accountable humanitarian action: •t •there •there •t •t •some sosbefrte.Individuals, esponsible for them. failed to act responsibly, with perhaps with failed to act responsibly, we responsiblythose who performed and bearers fulfil their responsibilities; monitor to what degree the duty- a duty-bearer; of thereof, or lack the performance, for judging are identified; r people are articulated; here can be consequences: praise for praise here can be consequences: responsible for he duty-bearers, and groups of individuals of he rights especting and fulfilling those rights, An l and reprimand for those who ll,

section 0ne : defining accountability 16 – 17 16-21_vanbrabant.qxd 26/3/02 3:31 pm Page 18

Accountable humanitarian action: an overview of recent trends

poor. This situation has generated a sometimes arrogance and even racism of donors want them to.7 The fluctuations Luz Luzemo / ICRC healthy debate among agencies about international aid workers in particular, of aid money available for the people in quality assurance. Unfortunately, progress the active resistance to coordination, Afghanistan, dependent on geo-political is being stalled by the defensiveness of and the increasingly distasteful interests, are a tragic example of this. some of the more professional actors, competition for “visibility” and media Aid for humanitarian purposes is being 18 – 19 who probably have least to fear. Their attention. These are characteristics of a politicized and instrumentalized. Many opposition concentrates on the risks of billion-dollar, market-driven industry, aid organizations, concerned about politically or administratively driven at risk of losing sight of its raison d’être their institutional survival and market “external supervision” that would be and mission. share, have rather complacently gone misused to “control” their independence. •Accountability: an important driving along with this. While the concern for inappropriate force for increased accountability of This predominance of the contractual Discussing their own aid: great capacities for ethics, local constituency, internal democracy and advocacy are to be found amongst local organizations.

forms of “quality assurance” is entirely operational agencies has been the donors. responsibility to donors entails major risks: accountability defining : valid, the opponents risk being perceived This is positive. But it also creates its •Firstly, that it supersedes the responsibility as claiming immunity and even impunity. own distortions. A major concern of to a mandate or mission. UNHCR, for acts of commission or omission, people Others, notably non-governmental They would do better to take a more donor administrations is the need to example, at the mercy of voluntary have unnecessarily been caused serious organizations, operate according to a self-

constructive lead and (a) work together demonstrate that their money has been contributions from States, has found it additional suffering. ascribed mission, rather than a received section 0ne to articulate more clearly the benchmarks well managed and well spent, and the difficult to adopt an assertive position •Thirdly,the “contract culture” also runs mandate. There are NGOs that argue that and quality and accountability assurance need, in the face of a growing number based on its mandate. the risk of degrading the nature of they place themselves in a crisis situation mechanisms that they undoubtedly of applicants, to find more objective •Secondly,that it supersedes the “partnership” with local organizations. mainly in order to remind the primary already apply internally; (b) articulate criteria for choosing whom to fund. responsibility to the affected people who Whereas international relief in certain duty-bearers of their obligationstowards principles and procedures that, as for Inevitably this puts emphasis on sound are the raison d’être of the agencies, on places has strengthened local capacities, the victims. In other words, they put a financial auditor, should govern the financial management, on achieving whose behalf funds are raised and for these are typically the capacities required themselves in the role of duty-holders. performance of an external “quality internal project objectives, and cost- whose supposed benefit actions are from “sub-contractors”,i.e. the ability to Does that absolve them from any formal reviewer” or “accountability review” effectiveness in doing so. More recently undertaken. Interactions with affected deliver the end service and to meet donor responsibility, and the obligation to account mechanism; and (c) finally break out the growing interest in “coherence” 6 people now serve mainly to determine administrative requirements. What is for it? The answer must be “no”.Whenever of the unspoken “code” in which aid has given rise to the belief that “needs” that can be addressed through less heralded is how local capacities are we establish a presence in a conflict area, agencies avoid public criticism of each humanitarian aid can be another predetermined programmes, to emphasize undermined by the brain-drain of receive money, and run programmes on other. Part of the problem is the lack of instrument of foreign policy, and their obligations as aid recipients, and talented staff to international behalf of the affected people, we assume a any distinction between the “responsible” therefore needs to contribute to the to reduce the cost of implementation organizations, the loss of credibility and responsibility. Also when we speak out on and the “not-so-responsible” actors. It is achievement of foreign policy objectives. through the mobilization of free legitimacy of government services that behalf of people affected by disaster, or in the interest of the responsible ones to While humanitarian aid was previously “community labour”.Too often the nature do not match up to the (temporary) decide not to do so, we must act responsibly. make clear this distinction, and explain protected from (too overt) political of international aid and the way in performance of international agencies, That responsibility increases as we gain in the criteria by which they do so. interests, it is less so today. The most which it is delivered forces affected and the lack of active interest of donors influence and prestige. •Moral integrity: another range of extreme aberration undoubtedly people into a “dependency” that is then in the ethics, local constituency, internal criticisms relates to integrity. In essence occurred when the 1999 NATO bombing subsequently held against them. What democracy and advocacy capacities of the point is the drift of humanitarianism campaign against Serbia was termed a is missing is greater transparency and local organizations. 4I.Smillie, The Alms Bazaar,Intermediate Technology Development Group, London,1995. into a “service delivery industry” 4,5 “humanitarian war”,supposedly to stop responsiveness on the part of the aid A number of national and 5D.Sogge (ed.), Compassion and Calculation, The Business of Private Foreign Aid,Pluto Press, London 1996. Perceived indicators of this are the the refugee problem that in fact had organizations towards the affected international aid providers have a formal 6J.Macrae and N. Leader, Shifting Sands. The search for ‘coherence’ between political and humanitarian responses to complex predominance of institutional self- been created by the bombing. As many people, greater respect for their dignity, mandate, and in that sense a legal “duty” emergencies, Overseas Development Institute, London, 2000. 7D.Hulme and M. Edwards, NGOs, States and Donors. Too close for interests in decision-making, the disregard aid agencies are fairly heavily dependent and a mechanism of redress if, through to provide assistance and protection. comfort? London MacMillan Press, 1997. 16-21_vanbrabant.qxd 26/3/02 3:31 pm Page 18

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with independent funding can be hard for the views and priorities of local on official aid, they are at risk of only to stop, even if their performance is counterparts, the material comforts and being able to go where and do what poor. This situation has generated a sometimes arrogance and even racism of donors want them to.7 The fluctuations Luz Luzemo / ICRC healthy debate among agencies about international aid workers in particular, of aid money available for the people in quality assurance. Unfortunately, progress the active resistance to coordination, Afghanistan, dependent on geo-political is being stalled by the defensiveness of and the increasingly distasteful interests, are a tragic example of this. some of the more professional actors, competition for “visibility” and media Aid for humanitarian purposes is being 18 – 19 who probably have least to fear. Their attention. These are characteristics of a politicized and instrumentalized. Many opposition concentrates on the risks of billion-dollar, market-driven industry, aid organizations, concerned about politically or administratively driven at risk of losing sight of its raison d’être their institutional survival and market “external supervision” that would be and mission. share, have rather complacently gone misused to “control” their independence. •Accountability: an important driving along with this. While the concern for inappropriate force for increased accountability of This predominance of the contractual Discussing their own aid: great capacities for ethics, local constituency, internal democracy and advocacy are to be found amongst local organizations. forms of “quality assurance” is entirely operational agencies has been the donors. responsibility to donors entails major risks: accountability defining : valid, the opponents risk being perceived This is positive. But it also creates its •Firstly, that it supersedes the responsibility as claiming immunity and even impunity. own distortions. A major concern of to a mandate or mission. UNHCR, for acts of commission or omission, people Others, notably non-governmental They would do better to take a more donor administrations is the need to example, at the mercy of voluntary have unnecessarily been caused serious organizations, operate according to a self- constructive lead and (a) work together demonstrate that their money has been contributions from States, has found it additional suffering. ascribed mission, rather than a received section 0ne to articulate more clearly the benchmarks well managed and well spent, and the difficult to adopt an assertive position •Thirdly,the “contract culture” also runs mandate. There are NGOs that argue that and quality and accountability assurance need, in the face of a growing number based on its mandate. the risk of degrading the nature of they place themselves in a crisis situation mechanisms that they undoubtedly of applicants, to find more objective •Secondly,that it supersedes the “partnership” with local organizations. mainly in order to remind the primary already apply internally; (b) articulate criteria for choosing whom to fund. responsibility to the affected people who Whereas international relief in certain duty-bearers of their obligationstowards principles and procedures that, as for Inevitably this puts emphasis on sound are the raison d’être of the agencies, on places has strengthened local capacities, the victims. In other words, they put a financial auditor, should govern the financial management, on achieving whose behalf funds are raised and for these are typically the capacities required themselves in the role of duty-holders. performance of an external “quality internal project objectives, and cost- whose supposed benefit actions are from “sub-contractors”,i.e. the ability to Does that absolve them from any formal reviewer” or “accountability review” effectiveness in doing so. More recently undertaken. Interactions with affected deliver the end service and to meet donor responsibility, and the obligation to account mechanism; and (c) finally break out the growing interest in “coherence” 6 people now serve mainly to determine administrative requirements. What is for it? The answer must be “no”.Whenever of the unspoken “code” in which aid has given rise to the belief that “needs” that can be addressed through less heralded is how local capacities are we establish a presence in a conflict area, agencies avoid public criticism of each humanitarian aid can be another predetermined programmes, to emphasize undermined by the brain-drain of receive money, and run programmes on other. Part of the problem is the lack of instrument of foreign policy, and their obligations as aid recipients, and talented staff to international behalf of the affected people, we assume a any distinction between the “responsible” therefore needs to contribute to the to reduce the cost of implementation organizations, the loss of credibility and responsibility. Also when we speak out on and the “not-so-responsible” actors. It is achievement of foreign policy objectives. through the mobilization of free legitimacy of government services that behalf of people affected by disaster, or in the interest of the responsible ones to While humanitarian aid was previously “community labour”.Too often the nature do not match up to the (temporary) decide not to do so, we must act responsibly. make clear this distinction, and explain protected from (too overt) political of international aid and the way in performance of international agencies, That responsibility increases as we gain in the criteria by which they do so. interests, it is less so today. The most which it is delivered forces affected and the lack of active interest of donors influence and prestige. •Moral integrity: another range of extreme aberration undoubtedly people into a “dependency” that is then in the ethics, local constituency, internal criticisms relates to integrity. In essence occurred when the 1999 NATO bombing subsequently held against them. What democracy and advocacy capacities of the point is the drift of humanitarianism campaign against Serbia was termed a is missing is greater transparency and local organizations. 4I.Smillie, The Alms Bazaar,Intermediate Technology Development Group, London,1995. into a “service delivery industry” 4,5 “humanitarian war”,supposedly to stop responsiveness on the part of the aid A number of national and 5D.Sogge (ed.), Compassion and Calculation, The Business of Private Foreign Aid,Pluto Press, London 1996. Perceived indicators of this are the the refugee problem that in fact had organizations towards the affected international aid providers have a formal 6J.Macrae and N. Leader, Shifting Sands. The search for ‘coherence’ between political and humanitarian responses to complex predominance of institutional self- been created by the bombing. As many people, greater respect for their dignity, mandate, and in that sense a legal “duty” emergencies, Overseas Development Institute, London, 2000. 7D.Hulme and M. Edwards, NGOs, States and Donors. Too close for interests in decision-making, the disregard aid agencies are fairly heavily dependent and a mechanism of redress if, through to provide assistance and protection. comfort? London MacMillan Press, 1997. 16-21_vanbrabant.qxd 26/3/02 3:31 pm Page 20

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The donors: value for money or value beneficiaries are taken into account. Surely This is not a totally fair criticism. Factors That argument is valid. But it does region or country, solidarity, geo-political for people? positive feedback from disaster-affected beyond the control of aid agencies are not absolve them of their responsibility interests, etc. From an operational point Donors have been the main drivers of the populations is the best justification that often far more powerful. When it comes to minimize being manipulated, and the of view, it is also a crippled concept accountability agenda. But the problems donors can offer the taxpayer? to development projects, it is now widely power of politicians should not be because it is too open-ended (e.g. needs with the way in which humanitarian Official humanitarian aid needs to recognized that macro-level political, exaggerated. are unlimited, no distinction is made operations are funded remain largely out be better protected from political economic and environmental forces can •Politicians, especially in democratic between short-term and deeper structural, of the spotlight, and the responsibility of considerations, and donor administrations completely overwhelm and undo the countries, need to juggle the views of long-term needs) and does not focus on donors in this regard is not challenged. need to become more responsible and benefits of a development project. But the their domestic constituency, with their

local capacities. Recently, there has been 20 – 21 Yet they are well-known: erratic and made more accountable. expectation that humanitarian aid can, by “international obligations”.The two growing interest in “vulnerability-capacity may not converge. Do humanitarian analysis”.While encouraging actions that agencies invest enough to help create are contextually better informed, this an informed constituency in their home concept does not allow for a clearer countries that supports a responsible demarcation between “humanitarian” and

Richard Fradin / ICRC Richard Fradin foreign policy? more “developmental” types of situations.

Nic Dunlop / Panos Pictures Panos Nic Dunlop / •Furthermore, it would be rather naïve Whereas that demarcation is possibly not defining accountability defining to believe that politicians have a “magic very meaningful in contexts of natural : bullet” for conflict resolution that and technological disasters, it is so in humanitarians do not have. Often, situations of conflict, because different they too can only rely on the power legal frameworks will apply. section 0ne of persuasion. A different approach, gaining in Clearly though, from an accountability interest, is that of rights-based point of view, serious work is needed to programming.8 But rights beg the question elucidate what, in an ever more global or of responsibilities: who is responsible for “interconnected” world, international the protection, restoration and fulfilment “political responsibility” really means. of people’s rights? The answer in the Positive feedback from those affected by war may be obvious but is hard to measure: mobility restored with an artificial limb, for instance, or...... a family together again. Domestic political constituencies need to 20th century was “the State” and/or the be encouraged to see themselves more as “parties to the conflict”.But if the power unpredictable funding, overly short time The politicians: who must end conflict? itself and in any significant way,influence “global citizens”. This is not the primary and capacity of States, by choice or default, horizons, overfunding of certain Who is responsible for ending a war and the war economy, bring “development” in responsibility of aid agencies, but of has weakened, also because of the growing programmes and crises and underfunding creating a durable peace; what is the unstable situations or bring peace, has not governments, through education, and number and influence of multilateral of others, uncoordinated funding nature of international obligations in this yet been fully abandoned. of the media. and non-State actors, this answer needs decisions between different donors, delays regard; and how are the duty-bearers held In return, some humanitarians claim to be reviewed. in disbursements, political influence on to account? These are difficult questions that war is a failure of politics and that the Towards a responsibility-based humanitarian aid decisions, etc. for which there are as yet no clear answers. spotlight of accountability should therefore humanitarianism Humanitarian aid should not be driven The argument has been made that be on the politicians who, through their only by a one-sided interpretation of cost- humanitarian aid can “prolong” conflicts acts of commission or omission, have Humanitarian action has long been said effectiveness such as “value for money” in various ways. Humanitarians have been encouraged violence or allowed the to be “needs-based”.While useful as a (with, in practice, emphasis on “cost”, as accused of “political naïvety”,of failing to conflict entrepreneurs to go ahead quite moral argument, in reality the logic of that is easier to measure). The real see how conflict entrepreneurs have unhindered. They argue that it is the humanitarian action is usually more criterion is whether the aid has brought incorporated their presence and resources responsibility of politicians to create the determined by other factors such as access, “value for people”: that can only be into their tactics of war, and of not conditions in which they can carry out funding, selective agency competencies, 8H.Slim, “Not Philanthropy but Rights: the Proper Politicisation of Humanitarian Philosophy”, International Journal of Human Rights, ascertained if the views of the intended actively contributing to peace-building. their tasks. historical involvement with a particular Vol. 6, No. 2, Frank Cass, London 2002. 16-21_vanbrabant.qxd 26/3/02 3:31 pm Page 20

Accountable humanitarian action: an overview of recent trends

Richard Fradin / ICRC Fradin Richard foreign policy? more “developmental” types of situations.

Nic Dunlop / Panos Pictures Nic Dunlop / Panos •Furthermore, it would be rather naïve Whereas that demarcation is possibly not defining accountability defining to believe that politicians have a “magic very meaningful in contexts of natural : bullet” for conflict resolution that and technological disasters, it is so in humanitarians do not have. Often, situations of conflict, because different they too can only rely on the power legal frameworks will apply. section 0ne of persuasion. A different approach, gaining in Clearly though, from an accountability interest, is that of rights-based point of view, serious work is needed to programming.8 But rights beg the question elucidate what, in an ever more global or of responsibilities: who is responsible for “interconnected” world, international the protection, restoration and fulfilment “political responsibility” really means. of people’s rights? The answer in the Positive feedback from those affected by war may be obvious but is hard to measure: mobility restored with an artificial limb, for instance, or...... a family together again. Domestic political constituencies need to 20th century was “the State” and/or the be encouraged to see themselves more as “parties to the conflict”.But if the power unpredictable funding, overly short time The politicians: who must end conflict? itself and in any significant way,influence “global citizens”. This is not the primary and capacity of States, by choice or default, horizons, overfunding of certain Who is responsible for ending a war and the war economy, bring “development” in responsibility of aid agencies, but of has weakened, also because of the growing programmes and crises and underfunding creating a durable peace; what is the unstable situations or bring peace, has not governments, through education, and number and influence of multilateral of others, uncoordinated funding nature of international obligations in this yet been fully abandoned. of the media. and non-State actors, this answer needs decisions between different donors, delays regard; and how are the duty-bearers held In return, some humanitarians claim to be reviewed. in disbursements, political influence on to account? These are difficult questions that war is a failure of politics and that the Towards a responsibility-based humanitarian aid decisions, etc. for which there are as yet no clear answers. spotlight of accountability should therefore humanitarianism Humanitarian aid should not be driven The argument has been made that be on the politicians who, through their only by a one-sided interpretation of cost- humanitarian aid can “prolong” conflicts acts of commission or omission, have Humanitarian action has long been said effectiveness such as “value for money” in various ways. Humanitarians have been encouraged violence or allowed the to be “needs-based”.While useful as a (with, in practice, emphasis on “cost”, as accused of “political naïvety”,of failing to conflict entrepreneurs to go ahead quite moral argument, in reality the logic of that is easier to measure). The real see how conflict entrepreneurs have unhindered. They argue that it is the humanitarian action is usually more criterion is whether the aid has brought incorporated their presence and resources responsibility of politicians to create the determined by other factors such as access, “value for people”: that can only be into their tactics of war, and of not conditions in which they can carry out funding, selective agency competencies, 8H.Slim, “Not Philanthropy but Rights: the Proper Politicisation of Humanitarian Philosophy”, International Journal of Human Rights, ascertained if the views of the intended actively contributing to peace-building. their tasks. historical involvement with a particular Vol. 6, No. 2, Frank Cass, London 2002. 22-27_perrin.qxd 26/3/02 3:30 pm Page 22

Pierre Perrin MD, MPH is the Chief Medical Officer of the International Committee of the Red Cross. He has extensive field experience and is involved in health policy development and training. He has a particular interest in the relations between health interventions and the political environment in which they are conducted. He holds academic positions at the University of Geneva, Switzerland, and at the School of Law and Political Sciences in Aix-Marseille, France, and is an associate at the Johns Hopkins University, USA. Accountability: a framework 22 – 23

THE AIM OF HUMANITARIAN ACTION sought to place the “humanitarian gesture” accountability”,as the former depends on in war is to relieve suffering without within a legal framework which would the latter. The humanitarian consequences thought of any financial, economic or become international humanitarian law. of armed conflicts stem from the manner defining accountability defining political return. That is why there has More recently the notion has emerged that in which hostilities are conducted and : been a tendency to consider it as being control mechanisms should be established whether the parties to the conflict grant first and foremost a “good deed” for those in order to ensure that humanitarian the humanitarian organizations access to

who benefit. However, this opens the actions are consistent with the standards set. the victims of the conflict. On the other section 0ne way for all kinds of blunders, in which Looming on the horizon was the possibility hand, the capacity of the organizations to the provision of aid may not only be of regulatory mechanisms and sanctions respond is often subject to the financial inappropriate but may also generate even to be applied to humanitarian personnel resources allocated by States for more violence. In addition, the increasing whose actions failed to comply with these humanitarian action. The interdependence number of humanitarian organizations, standards. This approach has sparked off of the responsibilities is due to the their growing professionalism and the a great debate over the relevance of such multiplicity of the parties concerned and complexity of current situations have all mechanisms and the applicability of also to the complexity of the relations highlighted the need to improve the quality appropriate standards to humanitarian between them. Thus, analysis of the of humanitarian actions. Finally, pressure actions. The opposing points of view in responsibilities has to take into account is being exerted by the donors, requiring this debate reflect the lack of a wider the dynamic process in which they are the humanitarian organizations not only perspective which would incorporate involved. Any change in the relations to present their accounts but also to actions, standards and control mechanisms between two parties will have an impact account for their actions. within a consistent whole. This is what is on all the others. This article will focus on Over the past 20 years, various codes intended by the notion of “accountability”. certain aspects of the dynamics of these and guidelines have been drawn up with The term “accountability” will be responsibilities and the way in which they this in mind. The idea is not a new one. defined in this article as the notion are divided between the parties. After the battle of Solferino, Henry Dunant of responsibilities binding the parties involved in one way or another in armed Accountability: a concept So-called donor fatigue in the face of chronic conflicts. However, “humanitarian situations apparently beyond a political solution accountability” in armed conflicts cannot The word “accountability” focuses on the will affect which situations are addressed by humanitarian action. Here, southern Sudan. be analysed simultaneously with “political notion of responsibilities (i.e. being ddart / Katz Tom Sto 22-27_perrin.qxd 26/3/02 3:30 pm Page 22

Accountability: a framework

The normative, ethical or political i.e. the point beyond which it is necessary If the organizations differ, it is perhaps framework to switch to a political frame of reference. because the situations in which they Through this switch of focus, the new operate are themselves very different. approach makes it possible to pay greater Responsibilities within the humanitarian Neither anarchy nor a standardization Humanitarian organizations...need to see themselves attention to the values of the victims community taken to extremes can provide a satisfactory when decisions are made which concern Whenever this issue is raised, the debate answer in the necessary search for an ...as spokesmen for the victims... them directly. As a result, humanitarian can easily descend into polemic, given the improvement in the quality of action gains on the ethical level. This is an emotional terms in which the humanitarian humanitarian action. important point when we recall that, in organizations view their action, not to Is it possible, then, to find a middle various armed conflicts, it is the values of mention the spirit of competition ground between these extremes and to the victims which are called into question. discerned by some. To clarify matters, it is propose measures which would permit a 24 – 25 However, there are limits to this approach. worth recalling certain essential elements. better definition of responsibilities and a As decisions have to be taken very quickly •The definition and division of harmonization of roles, while at the same during the acute phase of armed conflicts, responsibilities between the humanitarian time allowing the humanitarian responsible for one’s actions towards with other organizations which take a this means. The distinctions between it is often difficult to carry out the sort of organizations need to be analysed on the organizations to retain that individuality others; being able to render an account for different view of the role of the standards them relate not to the general objective in-depth analysis which will allow the basis of the responsibilities which they are which gives them the strength to cope one’s actions). “Responsibility” may be in defining their responsibilities. Similarly, of humanitarian action but rather to the victims to express themselves fully on the ready to assume in relation to the victims. with the diversity of the situations defined as consisting of three components, the humanitarian organizations are far strategies for achieving it, these being way in which they might be involved in the Otherwise, the debate on humanitarian confronting them? defining accountability defining

as follows: from unanimous when it comes to generally drawn up on the basis of their humanitarian action which concerns them. action is in danger of becoming sterile, : •the action which binds the various actors; subscribing to control mechanisms. While perception of their duties towards the Some would say that, with this approach, a turf war over the positioning of the Political and humanitarian •the normative framework serving to all of them may understand the importance victims. A genuinely contextualized there is a danger of attending to the humanitarian organizations in relation responsibilities define the action; and of such mechanisms as a means of analysis of humanitarian situations political and socio-economic interests of to each other, which does nothing to •the mechanisms which are responsible guaranteeing a minimum of compliance cannot confine itself – as is all too often the victims rather than their values. In promote a greater assumption of The humanitarian consequences of section 0ne for monitoring and, if necessary, with the standards, this does not stop the case – to taking into account the such a case, humanitarian action would be responsibilities in favour of the victims. armed conflicts correcting the course of the action, as them from trying to remain independent constraints which tend to limit the capacity serving the interests of political groups, •Standardization is a means of improving Humanitarian action addresses – or, better well as establishing regulatory measures of such control. of the humanitarian organizations to generally to the detriment of the most the quality of services in humanitarian still, prevents – the consequences of and sanctions applicable to those whose The fact that the concept has limits meet their obligations. On the contrary, vulnerable. During this phase, a normative actions. However, if pursued blindly, armed conflicts, the nature and scale of actions fail to comply with the standards. does not mean that it is of no value. it must broaden its scope to include a framework based on the rigour of this approach can result in the which are more often than not directly The limits of the concept reflect the Accountability is a general framework proper recognition of the role of the humanitarian law is essential to ensure the establishment of standard solutions linked to the conduct of the belligerents. limits of each of these elements. While which enables each organization to clarify victims in asserting their rights through fairness of the humanitarian action. which no longer reflect the complexity It is increasingly the non-combatants who international humanitarian law, for its responsibilities in relation to those of a participatory approach. When the humanitarian organizations and particular nature of each situation. suffer and die, whether because the example, is universally recognized as the others without in any way developing Such an approach has important come to tackle the post-conflict phase, •The definition of the role of each actor is belligerents are indifferent to their fate reference which defines the obligations of “humanitarian clones”. consequences for the type of responsibilities where the aim is reconstruction – or codified by external standards, such as the or because they intend to harm or even the parties to the conflict and, by extension, linking the victims to the humanitarian possibly development,ifstarting out on new mandate entrusted to the ICRC by the destroy them. In this case, the objective the rights of the victims, there are many Humanitarian responsibilities organizations. The latter need to see bases – the distinction between the values States, as well as by the internal standards of humanitarian action is opposed to the other humanitarian codes and standards themselves not just as service-providers and interests of the population is no longer drawn up by the humanitarian objectives of the parties to the conflict. which do not have the same legal status Aid to the victims: the bedrock for but as the spokesmen for the victims, so clear-cut. After all, it is up to the people organization itself. This results in Humanitarian action not only derives its or universal recognition. Thus, an defining the humanitarian organizations’ transmitting their views to those whose to decide what type of political, social and differences which enable them to cope origins from the way in which hostilities organization may decide not to be guided responsibilities duty it is to ensure that the fundamental economic system they want to belong to. with the disparities in the situations but are conducted, but its effectiveness by them without considering such a Although the humanitarian organizations rights of the victims are respected. The problem which then arises is to which can also generate duplication and depends to a great extent on the room decision to be irresponsible. However, this are all in favour of improved accountability, determine the point at which humanitarian antagonism between the humanitarian for manoeuvre which the parties to the may lead to arguments and even hostilities each one has its own perception of what action ceases and development aid begins, organizations. conflict allow the humanitarian 22-27_perrin.qxd 26/3/02 3:30 pm Page 24

Accountability: a framework

How is it possible to preserve the independence of

Amnesty International / www.stoptorture.org humanitarian action when it falls, de facto, within a political framework?

From negotiations behind the scenes to public denunciation: the ways in which organizations get players to assume their responsibilities towards the victims vary widely. 26 – 27 organizations, particularly in terms of organizations are perceived as having the situations which fulfil particular geopolitical war. We have seen the involvement of humanitarian organizations in relation to humanitarian organizations involved in access to the victims. In evaluating the prime responsibility of managing the criteria rather than humanitarian needs? the humanitarian organizations in the the media and the influence they can have situations connected with armed conflicts impact of humanitarian action, it is humanitarian consequences of armed This question needs to be put in terms of campaign which brought about the in this domain; for example, through the must be based on the needs of the victims. necessary to take these political dimensions conflicts. A second confusion arises from the areas of responsibility to which the prohibition of antipersonnel mines and information which they provide. The division of responsibilities between into account and the responsibilities of the fact that the political players may jointly donors refer. the efforts of some of them to make the To what extent can the humanitarian the organizations themselves is subsidiary the humanitarian organizations need to conduct humanitarian actions in the political players aware of the humanitarian organizations influence the political players? to this prerequisite. This common be analysed in parallel with those of the context of their operations to maintain The duty of influence consequences of economic embargoes. Is there a limit beyond which a reference is the basis for the development defining accountability defining other actors (parties to the conflict, and to restore peace. All of this tends to A refusal to recognize an interdependence Similarly, the humanitarian organizations humanitarian organization – through its of an ethical approach both to the : political entities, donors, the media). blur the distinction in the eyes of the between the political players and the analyse the development of new weapons influence in the political domain – management of the humanitarian victims between the humanitarian and the humanitarian organizations opens the and encourage governments to establish becomes a political player, or at least is consequences of armed conflicts and to Confusion of responsibilities political players, with the result that both way to a radicalization of behaviour. To mechanisms which ensure that these arms perceived as one? the latter’s political management. section 0ne International humanitarian law describes are held responsible for armed conflicts ignore the need for humanitarian action remain within the limits laid down by The States provide a large share of the In practice, all the parties concerned in great detail the duties of the parties to and their consequences. to be independent is to run the risk of it humanitarian law. financing of humanitarian aid and have to need to explain more clearly the the conflict and Article 1 of the Geneva Donors are tending to become more being drawn into political strategies and The adoption of the Statute of the account for the use of the funds allocated responsibilities they are prepared to Conventions and the Additional Protocols and more involved in the decision-making indeed manipulated. International Criminal Court in 1998 is a to the humanitarian organizations. assume. This concern for transparency recalls that the High Contracting Parties are processes with regard to the establishment The first responsibility of the recent example which demonstrates the However, the States are now going far must be matched by a clear definition of under an obligation to respect and to ensure of the priorities, objectives and strategies humanitarian organizations is to bring will of the international community to beyond a simple insistence on financial the standards to which each side refers. respect for the Conventions (See Respecting of humanitarian action. It is open to their influence to bear on all the players fight impunity. The humanitarian transparency. The extent to which At the same time, the dynamics which link and ensuring respect for humanitarian question whether this involvement offers (parties to the conflict, governments, organizations played an important role in humanitarian action is being incorporated together all forms of responsibility need norms,page 30). Thus, the responsibilities any added value or improves the quality economic groups, the media) and get them the development of the court. In the long into an overall political strategy threatens to be acknowledged. owed by the parties to the conflict to the of humanitarian action. The concentration to assume their responsibilities towards run, these sanction mechanisms may well to undermine the independence of the It remains to be seen whether persons protected by international of funds on certain contexts at the expense the victims. The way in which this help to reduce violations of the rules of humanitarian organizations. We need to recognition of a reciprocal duty of humanitarian law are clearly laid down at of others affects the choice of the situations influence is exercised may vary from one international humanitarian law. ask, therefore, what limits must be placed influence will permit interdependence the outset, namely to prevent or at least which will be addressed by humanitarian humanitarian organization to another, These few examples serve to on the influence of politics over to be reconciled with independence. mitigate the humanitarian consequences action. Is this the result of simple donor ranging from negotiations behind the illustrate the types of influence which the humanitarian action. of armed conflicts and to afford protection fatigue in the face of chronic situations scenes to public denunciation. humanitarian organizations can bring to This article has been translated from the and assistance to the victims. apparently beyond a political solution or This duty of influence also applies bear on the other parties concerned, Striving for transparency original French. There tends to be a confusion of is it rather a deliberate choice to get the to the rules governing the conduct of particularly the political players. In We must be careful not to confuse issues. responsibilities. The humanitarian humanitarian organizations to act in hostilities and the means used to wage addition, we can cite the role of the The definition of the responsibilities of the 22-27_perrin.qxd 26/3/02 3:30 pm Page 26

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How is it possible to preserve the independence of

Amnesty International / www.stoptorture.org humanitarian action when it falls, de facto, within a political framework?

Margie Buchanan-Smith is a Research Fellow and Coordinator of the Humanitarian Policy Group at the Overseas Development Institute in the United Kingdom. She has carried out research on the accountability of bilateral donor agencies, on linking relief and development, and on drought early warning. She has worked in a number of countries in Africa, and was previously Head of the Emergencies Unit at ActionAid.

Interrelationships between humanitarian organizations 40 – 41

THE SHORTCOMINGS OF unresolved debate within the sector. sans frontières (MSF). Most have a humanitarian organizations have come Indeed, humanitarian organizations have development mandate as well, which under the public spotlight more in the last launched a number of their own so-called usually accounts for the larger part of the accountability practice in

five to six years than in the previous two “accountability initiatives”,especially since organizations’ resources and effort, and : decades. This became a central issue in the mid-1990s. Many of these focus on the has a strong influence over their approach media reporting of the humanitarian interrelationships between humanitarian to humanitarian work. In this article we response to the crisis in Rwanda in 1994, organizations, and most have been initiated are not directly concerned with bilateral and has been a recurrent theme ever since. by NGOs and the International Red Cross donor government agencies. section two A number of articles have questioned and Red Crescent Movement. This article The interrelationships between these the accountability of humanitarian reviews some of these initiatives and their different types of organization are many organizations, particularly non- origins. It begins by considering the varied and complex, and throw up different governmental organizations (NGOs).1 types of relationship that exist between types of accountability, as evidenced by Meanwhile, many of the most difficult humanitarian organizations. the following examples. humanitarian operations are being carried •One humanitarian organization may out in situations where there is no formal Humanitarian organizations and how be funding another; for example, an State authority, or where the State is very they interact international NGO which channels weak, for example in Somalia, eastern funds through national NGOs. This Democratic Republic of the Congo (DRC) But first, what do we mean by raises the more conventional notion of and Afghanistan. In these environments “humanitarian organizations”? This article financial accountability, although there the “usual” accountability mechanisms takes a broad view and includes national are likely to be other dimensions to the between international aid agencies and and international NGOs, the Red Cross/ relationship,such as capacity-building. the government of the recipient country Red Crescent Movement and some UN •A growing number of humanitarian simply do not exist. It is not surprising, agencies – as long as their mandates and organizations are part of a larger “family” therefore, that emergency aid has been objectives are partially humanitarian. In of international NGOs, such as Oxfam called one of the largest unregulated fact, rather few of these organizations have and CARE. In this case the relationship industries in the world. a mandate which is solely humanitarian Humanitarian organizations have not like those of the International Committee 1 See, for example, The Non-governmental Order in The Economist, sat idly by, and there has been an active if of the Red Cross (ICRC) and Médecins 9 December 1999. Jeremy Hartley / Panos Pictures Jeremy Hartley / Panos 40-45_buchanan-smith.qxd 3/26/02 3:39 PM Page 40

Interrelationships between humanitarian organizations 40 – 41

five to six years than in the previous two “accountability initiatives”,especially since organizations’ resources and effort, and : decades. This became a central issue in the mid-1990s. Many of these focus on the has a strong influence over their approach media reporting of the humanitarian interrelationships between humanitarian to humanitarian work. In this article we response to the crisis in Rwanda in 1994, organizations, and most have been initiated are not directly concerned with bilateral and has been a recurrent theme ever since. by NGOs and the International Red Cross donor government agencies. section two A number of articles have questioned and Red Crescent Movement. This article The interrelationships between these the accountability of humanitarian reviews some of these initiatives and their different types of organization are many organizations, particularly non- origins. It begins by considering the varied and complex, and throw up different governmental organizations (NGOs).1 types of relationship that exist between types of accountability, as evidenced by Meanwhile, many of the most difficult humanitarian organizations. the following examples. humanitarian operations are being carried •One humanitarian organization may out in situations where there is no formal Humanitarian organizations and how be funding another; for example, an State authority, or where the State is very they interact international NGO which channels weak, for example in Somalia, eastern funds through national NGOs. This Democratic Republic of the Congo (DRC) But first, what do we mean by raises the more conventional notion of and Afghanistan. In these environments “humanitarian organizations”? This article financial accountability, although there the “usual” accountability mechanisms takes a broad view and includes national are likely to be other dimensions to the between international aid agencies and and international NGOs, the Red Cross/ relationship,such as capacity-building. the government of the recipient country Red Crescent Movement and some UN •A growing number of humanitarian simply do not exist. It is not surprising, agencies – as long as their mandates and organizations are part of a larger “family” therefore, that emergency aid has been objectives are partially humanitarian. In of international NGOs, such as Oxfam called one of the largest unregulated fact, rather few of these organizations have and CARE. In this case the relationship industries in the world. a mandate which is solely humanitarian Humanitarian organizations have not like those of the International Committee 1 See, for example, The Non-governmental Order in The Economist, sat idly by, and there has been an active if of the Red Cross (ICRC) and Médecins 9 December 1999. Jeremy Hartley / Panos Pictures Hartley / Panos Jeremy 40-45_buchanan-smith.qxd 3/26/02 3:39 PM Page 42

Interrelationships between humanitarian organizations

Till Mayer / ICRC H. J. Davies / UNHCR Crispin Hughes / Panos Pictures Yardsticks the management of relief aid.7 But it is encourages agencies to sign, but there pitched at a very general level, against are currently limited, if any, means for Humanitarian organizations have found which it is hard to monitor performance. measuring compliance across the sector. themselves increasingly responding to Since then, there has been a proliferation As Raynard puts it: humanitarian crises in the midst of war of other inter-agency codes of conduct.8 “Any policy statement or commitment and violent conflict. International A number of these have been drawn up to a code of conduct on the part of an humanitarian law (IHL), enshrined in the for specific emergencies, such as the organization is only as good as the ability Geneva Conventions, provides a set of “Principles of Engagement for Emergency of the individuals within it to put those rules about how war should be fought. Humanitarian Assistance in the DRC”, policies into practice… Accountability It refers to the obligations of warring and the “Sierra Leone Code of Conduct”. therefore needs to be embedded in the Humanitarian agencies are thick on the ground nowadays, all with different specialities and mandates. parties towards non-combatants, and states Some are geared specifically to warring governance and management of 42 – 43 the principles such as impartiality that are parties in order to secure their agreement organizations.” 10 is most likely to revolve around a coordinating the humanitarian response strengthen mechanisms of accountability supposed to govern the provision of to certain standards and principles, like Indeed, some commentators have common mandate, and there is often and therefore coordinating all other within the humanitarian system. humanitarian assistance. Although most the Ground Rules negotiated for southern pointed out that agencies are unlikely strong peer pressure to meet that humanitarian organizations – the Partly for this reason, it has sometimes States have signed up to the Geneva Sudan in 1995. Others have been more to whistle-blow on one another because mandate. Agencies may also be “lead agency approach” – for example, been suggested that evaluations of Conventions, the mechanisms for holding concerned to guide the behaviour of of the anticipated negative effect on how accountable to one another through UNHCR during the Kosovo crisis or humanitarian operations should be States and other warring parties accountable humanitarian organizations to ensure the humanitarian aid sector is perceived agreements about an appropriate UNICEF in the southern sector of system-wide or, in other words, should to these rules are weak. Also, apart from they are working to the same principles. as a whole.11 division of labour between the different Operation Lifeline Sudan. This look at the entire international response the ICRC, humanitarian organizations Greater consistency in agency practice, The most ambitious attempt to accountability practice in “national” NGOs that belong to an coordination role may include to a humanitarian crisis. Only this type of have no recognizable legal obligations particularly in dealings with warring improve performance and accountability : international family. negotiating with warring parties for evaluation really deals with the complex under IHL. In other words, there is no parties, should reduce the likelihood that across the humanitarian aid sector is the •One humanitarian organization may be access to potential beneficiaries, on relationships between humanitarian legislative accountability of humanitarian one agency will be played off against Sphere Project. Launched in 1997, it has supplying another with relief resources; behalf of other humanitarian organizations and identifies what has organizations. Partly because of this another and that humanitarian space will section two for example, the World Food Programme organizations, and is usually based worked and what has not, i.e. fulfils an weakness of legislative accountability, partly be manipulated as a result. 2 The most common approach to coordination, however, is the 2 (WFP) provides emergency food aid to on coordination by consent. accountability function between agencies. because of an awareness of the importance For some of the other codes, such as appointment of an individual within the UN as the Resident Coordinator or as Humanitarian Coordinator, as in DRC and in East a number of international and national The list could go on. What it But in practice,there has only been one and value of humanitarian organizations the Code of Conduct of the Australian Timor. See N. Reindorp and P.Wiles, Humanitarian Coordination: Lessons from Recent Field Experience,a study commissioned by NGOs for distribution to beneficiaries. demonstrates is the complex web of such evaluation, namely the seminal working to the same principles, particularly Council for Overseas Aid (ACFOA) and the Office for the Coordination of Humanitarian Affairs, 2000. 3P.Raynard, Mapping Accountability in Humanitarian Assistance, The relationship here may be covered interdependency between humanitarian evaluation of the international in war zones, there has been a proliferation the People in Aid Code of Best Practice report presented to ALNAP, see footnote 6, at the bi-annual meeting in April 2000. by a Memorandum of Understanding organizations in practice, from the humanitarian response to the crisis in of “codes of conduct” in the last six years. in the Management and Support of Aid 4Of course, the reason for failure to deliver food aid may be to do with entirely external causes – for instance, access may be denied by 5 or even by a formal contract. One conventional funding relationship to more Rwanda in 1994. There have been some A number of these incorporate some of Personnel, the motivation is usually belligerents. This would also have to be factored into any analysis of failure and the extent to which more could have been done to 6 humanitarian organization may be complicated issues of partnership and discussions within ALNAP about the the principles from IHL. improved and more professional negotiate humanitarian space by humanitarian aid agencies. 5J.Eriksson, The International Response to Conflict and Genocide: working in close partnership with representation. Yet, as Raynard has value of a system-wide evaluation of the The “original” Code of Conduct – the performance. For example, People in Aid is Lessons from the Rwanda Experience, Synthesis Report, Steering Committee of the Joint Evaluation of Emergency Assistance to 3 another to deliver humanitarian highlighted, there is a general lack of international humanitarian response, for Code of Conduct for the International specifically concerned with improving the Rwanda, Copenhagen, 1996. 6 Established in 1997, the Active Learning Network for Accountability assistance – for example, in a refugee/ clearly defined responsibilities amongst example to the 1998 famine in southern Red Cross and Red Crescent Movement quality of human resource management. and Performance in Humanitarian Action (ALNAP) is an international inter-agency forum working to improve learning and accountability displaced persons’ camp, where one the organizations. If food aid is not Sudan, and to the Kosovo crisis in 1999. and NGOs in Disaster Relief – was drawn This proliferation of codes is an across the humanitarian system. ALNAP members hold bi-annual meetings at which the issue of a system-wide evaluation has organization is responsible for water delivered to those in need, it may be But neither materialized, partly because up in 1994 and has attracted hundreds of indicator of the level of concern amongst sometimes been discussed. 7 Code of Conduct for the International Red Cross and Red Crescent and sanitation and another for health. difficult to establish whether this is the of the enormity of the task. Instead, signatories since. This was one of the first humanitarian organizations to improve Movement and NGOs in Disaster Relief,IFRC, 1996. 8 “Relief and Rehabilitation Network”, RRN Newsletter,No.13, ODI, The relationship in this case is usually responsibility of the implementing NGO, evaluations are usually commissioned attempts to apply basic principles and quality and performance, but the impact London, 1999. 9Two exceptions are (1) the Disasters Emergency Committee (DEC) in more informal, based on cooperation or of WFP which is supplying the food, by a single humanitarian organization, “standards of behaviour” across the on accountability is, so far, limited. Opt-in the UK – all member UK NGOs must sign up to the Red Cross/NGO Code of Conduct if they wish to join the DEC, and (2) AusAID, which and a close working arrangement. or of the donors who are supposed to focusing on its own performance. Of humanitarian sector – for example, by to most of the codes is voluntary. There requires Australian NGOs to sign up to the ACFOA Code if they are to be accredited. 4 •One humanitarian organization may be provide the financial resources . This, course this may take into account some calculating aid priorities on the basis of are very few examples of mandatory 10 See footnote 3. 11 N. Leader, “Codes of Conduct: Who Needs Them ?”, Editorial, RRN 9 charged (formally or informally) with in turn, makes it harder to establish and interrelationships, but not at a system level. need alone and involving beneficiaries in sign-up. Undoubtedly, peer pressure Newsletter,No. 13, ODI, London, 1999. 40-45_buchanan-smith.qxd 3/26/02 3:39 PM Page 42

Interrelationships between humanitarian organizations

Till Mayer / ICRC H. J. Davies / UNHCR Crispin Hughes / Panos Pictures Yardsticks the management of relief aid.7 But it is encourages agencies to sign, but there pitched at a very general level, against are currently limited, if any, means for Humanitarian organizations have found which it is hard to monitor performance. measuring compliance across the sector. themselves increasingly responding to Since then, there has been a proliferation As Raynard puts it: humanitarian crises in the midst of war of other inter-agency codes of conduct.8 “Any policy statement or commitment and violent conflict. International A number of these have been drawn up to a code of conduct on the part of an humanitarian law (IHL), enshrined in the for specific emergencies, such as the organization is only as good as the ability Geneva Conventions, provides a set of “Principles of Engagement for Emergency of the individuals within it to put those rules about how war should be fought. Humanitarian Assistance in the DRC”, policies into practice… Accountability It refers to the obligations of warring and the “Sierra Leone Code of Conduct”. therefore needs to be embedded in the Humanitarian agencies are thick on the ground nowadays, all with different specialities and mandates. parties towards non-combatants, and states Some are geared specifically to warring governance and management of 42 – 43 the principles such as impartiality that are parties in order to secure their agreement organizations.” 10 is most likely to revolve around a coordinating the humanitarian response strengthen mechanisms of accountability supposed to govern the provision of to certain standards and principles, like Indeed, some commentators have common mandate, and there is often and therefore coordinating all other within the humanitarian system. humanitarian assistance. Although most the Ground Rules negotiated for southern pointed out that agencies are unlikely strong peer pressure to meet that humanitarian organizations – the Partly for this reason, it has sometimes States have signed up to the Geneva Sudan in 1995. Others have been more to whistle-blow on one another because mandate. Agencies may also be “lead agency approach” – for example, been suggested that evaluations of Conventions, the mechanisms for holding concerned to guide the behaviour of of the anticipated negative effect on how accountable to one another through UNHCR during the Kosovo crisis or humanitarian operations should be States and other warring parties accountable humanitarian organizations to ensure the humanitarian aid sector is perceived agreements about an appropriate UNICEF in the southern sector of system-wide or, in other words, should to these rules are weak. Also, apart from they are working to the same principles. as a whole.11 division of labour between the different Operation Lifeline Sudan. This look at the entire international response the ICRC, humanitarian organizations Greater consistency in agency practice, The most ambitious attempt to accountability in practice “national” NGOs that belong to an coordination role may include to a humanitarian crisis. Only this type of have no recognizable legal obligations particularly in dealings with warring improve performance and accountability : international family. negotiating with warring parties for evaluation really deals with the complex under IHL. In other words, there is no parties, should reduce the likelihood that across the humanitarian aid sector is the •One humanitarian organization may be access to potential beneficiaries, on relationships between humanitarian legislative accountability of humanitarian one agency will be played off against Sphere Project. Launched in 1997, it has supplying another with relief resources; behalf of other humanitarian organizations and identifies what has organizations. Partly because of this another and that humanitarian space will section two for example, the World Food Programme organizations, and is usually based worked and what has not, i.e. fulfils an weakness of legislative accountability, partly be manipulated as a result. 2 The most common approach to coordination, however, is the 2 (WFP) provides emergency food aid to on coordination by consent. accountability function between agencies. because of an awareness of the importance For some of the other codes, such as appointment of an individual within the UN as the Resident Coordinator or as Humanitarian Coordinator, as in DRC and in East a number of international and national The list could go on. What it But in practice,there has only been one and value of humanitarian organizations the Code of Conduct of the Australian Timor. See N. Reindorp and P.Wiles, Humanitarian Coordination: Lessons from Recent Field Experience,a study commissioned by NGOs for distribution to beneficiaries. demonstrates is the complex web of such evaluation, namely the seminal working to the same principles, particularly Council for Overseas Aid (ACFOA) and the Office for the Coordination of Humanitarian Affairs, 2000. 3P.Raynard, Mapping Accountability in Humanitarian Assistance, The relationship here may be covered interdependency between humanitarian evaluation of the international in war zones, there has been a proliferation the People in Aid Code of Best Practice report presented to ALNAP, see footnote 6, at the bi-annual meeting in April 2000. by a Memorandum of Understanding organizations in practice, from the humanitarian response to the crisis in of “codes of conduct” in the last six years. in the Management and Support of Aid 4Of course, the reason for failure to deliver food aid may be to do with entirely external causes – for instance, access may be denied by 5 or even by a formal contract. One conventional funding relationship to more Rwanda in 1994. There have been some A number of these incorporate some of Personnel, the motivation is usually belligerents. This would also have to be factored into any analysis of failure and the extent to which more could have been done to 6 humanitarian organization may be complicated issues of partnership and discussions within ALNAP about the the principles from IHL. improved and more professional negotiate humanitarian space by humanitarian aid agencies. 5J.Eriksson, The International Response to Conflict and Genocide: working in close partnership with representation. Yet, as Raynard has value of a system-wide evaluation of the The “original” Code of Conduct – the performance. For example, People in Aid is Lessons from the Rwanda Experience, Synthesis Report, Steering Committee of the Joint Evaluation of Emergency Assistance to 3 another to deliver humanitarian highlighted, there is a general lack of international humanitarian response, for Code of Conduct for the International specifically concerned with improving the Rwanda, Copenhagen, 1996. 6 Established in 1997, the Active Learning Network for Accountability assistance – for example, in a refugee/ clearly defined responsibilities amongst example to the 1998 famine in southern Red Cross and Red Crescent Movement quality of human resource management. and Performance in Humanitarian Action (ALNAP) is an international inter-agency forum working to improve learning and accountability displaced persons’ camp, where one the organizations. If food aid is not Sudan, and to the Kosovo crisis in 1999. and NGOs in Disaster Relief – was drawn This proliferation of codes is an across the humanitarian system. ALNAP members hold bi-annual meetings at which the issue of a system-wide evaluation has organization is responsible for water delivered to those in need, it may be But neither materialized, partly because up in 1994 and has attracted hundreds of indicator of the level of concern amongst sometimes been discussed. 7 Code of Conduct for the International Red Cross and Red Crescent and sanitation and another for health. difficult to establish whether this is the of the enormity of the task. Instead, signatories since. This was one of the first humanitarian organizations to improve Movement and NGOs in Disaster Relief,IFRC, 1996. 8 “Relief and Rehabilitation Network”, RRN Newsletter,No.13, ODI, The relationship in this case is usually responsibility of the implementing NGO, evaluations are usually commissioned attempts to apply basic principles and quality and performance, but the impact London, 1999. 9Two exceptions are (1) the Disasters Emergency Committee (DEC) in more informal, based on cooperation or of WFP which is supplying the food, by a single humanitarian organization, “standards of behaviour” across the on accountability is, so far, limited. Opt-in the UK – all member UK NGOs must sign up to the Red Cross/NGO Code of Conduct if they wish to join the DEC, and (2) AusAID, which and a close working arrangement. or of the donors who are supposed to focusing on its own performance. Of humanitarian sector – for example, by to most of the codes is voluntary. There requires Australian NGOs to sign up to the ACFOA Code if they are to be accredited. 4 •One humanitarian organization may be provide the financial resources . This, course this may take into account some calculating aid priorities on the basis of are very few examples of mandatory 10 See footnote 3. 11 N. Leader, “Codes of Conduct: Who Needs Them ?”, Editorial, RRN 9 charged (formally or informally) with in turn, makes it harder to establish and interrelationships, but not at a system level. need alone and involving beneficiaries in sign-up. Undoubtedly, peer pressure Newsletter,No. 13, ODI, London, 1999. 40-45_buchanan-smith.qxd 3/26/02 3:39 PM Page 44

Interrelationships between humanitarian organizations 44 – 45

been described as “one of the largest although a recent contribution from an In contrast, the People in Aid Code organizations, the unclear division of than others. The latter are particularly proven. A first step in this direction will collaboration and consultation processes Oxfam manager states that: of Best Practice in the Management and responsibility between organizations motivated to promote and protect the be the evaluation of Sphere, to be that the humanitarian community has “Ultimately, Sphere standards need to Support of Aid Personnel is one of the seems to be at the root of this. The sector professionalization of humanitarian aid commenced shortly. ever experienced”.12 It has resulted in a be seen as guidelines that we try to reach, few codes that does directly address issues is still hugely diverse and humanitarian work, and improved performance of To an important extent, the effort that handbook that contains a humanitarian and for the moment they cannot be much of accountability. Agencies signing up organizations are still far from signing up NGOs overall. has gone into developing these standards charter, along with minimum standards more than this.” 13 must agree to an external audit of social to the same humanitarian principles. Some have argued that a logical next and codes has focused the spotlight on the

has been impressive: it has now been Sphere is also that donor governments may the code. Twelve agenmcies agreed to pilot motivations. First, to improve the measures that would be used in any section two translated into at least five languages and insist that their implementing partners the code, of which seven have so far effectiveness of humanitarian assistance, accreditation process. Should these be the hundreds of individuals have been trained. adhere to Sphere standards, thus locking fulfilled the conditions. This is no mean in response to both public and internal “technical standards” of Sphere, or process The Sphere Project has also generated them into ever-closer relationships with feat in four years. However, compared criticisms. In taking these initiatives, standards that refer to management, a lively debate within the humanitarian donor governments that may be pursuing with Sphere, People in Aid covers more humanitarian organizations have been learning and evaluation, and/or what role sector, which has tended to polarize political objectives rather than just charted territory and can draw upon keen to stay in control of their own might there be for the original Code of agencies into those that support the Sphere humanitarian ones.14 But, as a number social accountability practice pioneered destinies, rather than be subject to the Conduct? 19 These are important questions 12 S. Lowrie, “Sphere at the End of Phase II”, Humanitarian Exchange, standards and those that are against. The of commentators have noted, Sphere is in other sectors. monitoring and initiatives of some to be addressed, but the time may be ripe No. 17, Humanitarian Practice Network, ODI, London, 2000. 13 F. Mompoint, “Using Sphere: Oxfam’s Experience in West Africa”, critique against raises concerns such as currently more of a “tool than a rule”,and external regulatory body. Second, the to entertain and begin to develop this Humanitarian Exchange,No.17, Humanitarian Practice Network, ODI, London, 2000. Sphere’s focus on technical standards and a mechanism for raising the quality of Going for quality rather than recent and rapid growth in the number of particular idea, as a natural evolution 14 F. Terry, “The Limits and Risks of Regulation Mechanisms for Humanitarian Action”, Humanitarian Exchange,No.17, Humanitarian 15, 16 contends that it does not address issues humanitarian assistance. Opt-in and accountability humanitarian organizations, particularly beyond the initiatives reviewed here. Practice Network, ODI, London, 2000. 15 K. Van Brabant, “Regaining Perspective: The Debate over Quality of protection which may sometimes be sign-up are voluntary. Mechanisms are international NGOs, has raised concern Although concerns about Assurance and Accountability”, Humanitarian Exchange,No.17, Humanitarian Practice Network, ODI, London, 2000. compromised by the provision of material not yet in place for monitoring compliance, Overall, although accountability has been amongst the more experienced and accountability have driven many of the 16 See footnote 3. 17 In Kosovo, for example, there were over 300 NGOs at the height of assistance. There has also been debate and nor for imposing sanctions for lack of much discussed by humanitarian established ones to set and maintain initiatives described above, they should the crisis. In Rwanda five years earlier there were over 200. 18 This argument was put forward by Nick Stockton of Oxfam at an 17 sometimes confusion about whether the compliance. These would be inappropriate organizations, rather little progress appears standards of humanitarian assistance. more appropriately be termed “quality international working conference on “Enhancing the Quality of Humanitarian Assistance”, held in The Hague on 12 October 2001, standards represent an absolute minimum, at this stage in Sphere’s development. Thus, to have been made through the initiatives Whilst there is a tendency to lump all initiatives”.A lot of valuable investment and was widely discussed by participants. 19 At this same conference, there were a number of calls for developing implying that inability to reach them means the claim that it enhances accountability discussed in this article. In terms of the NGOs into one category, some are much has gone into developing these initiatives, the original Code of Conduct, for example by “unpacking” it and/or by providing an interpretation of its broad principles and indicators failure, or whether they are aspirational, seems somewhat misplaced. interrelationships between humanitarian longer-established and more experienced but their overall effectiveness is still to be against which adherence could be monitored. 40-45_buchanan-smith.qxd 3/26/02 3:39 PM Page 44

Interrelationships between humanitarian organizations 44 – 45 been described as “one of the largest although a recent contribution from an In contrast, the People in Aid Code organizations, the unclear division of than others. The latter are particularly proven. A first step in this direction will collaboration and consultation processes Oxfam manager states that: of Best Practice in the Management and responsibility between organizations motivated to promote and protect the be the evaluation of Sphere, to be that the humanitarian community has “Ultimately, Sphere standards need to Support of Aid Personnel is one of the seems to be at the root of this. The sector professionalization of humanitarian aid commenced shortly. ever experienced”.12 It has resulted in a be seen as guidelines that we try to reach, few codes that does directly address issues is still hugely diverse and humanitarian work, and improved performance of To an important extent, the effort that handbook that contains a humanitarian and for the moment they cannot be much of accountability. Agencies signing up organizations are still far from signing up NGOs overall. has gone into developing these standards charter, along with minimum standards more than this.” 13 must agree to an external audit of social to the same humanitarian principles. Some have argued that a logical next and codes has focused the spotlight on the

and key indicators for disaster assistance in Less clear is how Sphere has accountability. Only when they have Instead, efforts have focused on step would be some form of voluntary interrelationships between humanitarian accountability in practice : five sectors: water and sanitation; nutrition; contributed to improved accountability, fulfilled a range of conditions, based improving quality and performance, accreditation for humanitarian organizations, rather than on the food aid; shelter and site planning; and although this is one of its stated aims. One on reporting, audit and disclosure of through initiatives such as Sphere. organizations.18 Of course, this throws up dominating relationship between funder health services. The dissemination of Sphere of the concerns of agencies that oppose progress, may they state that they follow There appear to have been two strong issues about the standards and performance and implementing partner. has been impressive: it has now been Sphere is also that donor governments may the code. Twelve agenmcies agreed to pilot motivations. First, to improve the measures that would be used in any section two translated into at least five languages and insist that their implementing partners the code, of which seven have so far effectiveness of humanitarian assistance, accreditation process. Should these be the hundreds of individuals have been trained. adhere to Sphere standards, thus locking fulfilled the conditions. This is no mean in response to both public and internal “technical standards” of Sphere, or process The Sphere Project has also generated them into ever-closer relationships with feat in four years. However, compared criticisms. In taking these initiatives, standards that refer to management, a lively debate within the humanitarian donor governments that may be pursuing with Sphere, People in Aid covers more humanitarian organizations have been learning and evaluation, and/or what role sector, which has tended to polarize political objectives rather than just charted territory and can draw upon keen to stay in control of their own might there be for the original Code of agencies into those that support the Sphere humanitarian ones.14 But, as a number social accountability practice pioneered destinies, rather than be subject to the Conduct? 19 These are important questions 12 S. Lowrie, “Sphere at the End of Phase II”, Humanitarian Exchange, standards and those that are against. The of commentators have noted, Sphere is in other sectors. monitoring and initiatives of some to be addressed, but the time may be ripe No. 17, Humanitarian Practice Network, ODI, London, 2000. 13 F. Mompoint, “Using Sphere: Oxfam’s Experience in West Africa”, critique against raises concerns such as currently more of a “tool than a rule”,and external regulatory body. Second, the to entertain and begin to develop this Humanitarian Exchange,No.17, Humanitarian Practice Network, ODI, London, 2000. Sphere’s focus on technical standards and a mechanism for raising the quality of Going for quality rather than recent and rapid growth in the number of particular idea, as a natural evolution 14 F. Terry, “The Limits and Risks of Regulation Mechanisms for Humanitarian Action”, Humanitarian Exchange,No.17, Humanitarian 15, 16 contends that it does not address issues humanitarian assistance. Opt-in and accountability humanitarian organizations, particularly beyond the initiatives reviewed here. Practice Network, ODI, London, 2000. 15 K. Van Brabant, “Regaining Perspective: The Debate over Quality of protection which may sometimes be sign-up are voluntary. Mechanisms are international NGOs, has raised concern Although concerns about Assurance and Accountability”, Humanitarian Exchange,No.17, Humanitarian Practice Network, ODI, London, 2000. compromised by the provision of material not yet in place for monitoring compliance, Overall, although accountability has been amongst the more experienced and accountability have driven many of the 16 See footnote 3. 17 In Kosovo, for example, there were over 300 NGOs at the height of assistance. There has also been debate and nor for imposing sanctions for lack of much discussed by humanitarian established ones to set and maintain initiatives described above, they should the crisis. In Rwanda five years earlier there were over 200. 18 This argument was put forward by Nick Stockton of Oxfam at an 17 sometimes confusion about whether the compliance. These would be inappropriate organizations, rather little progress appears standards of humanitarian assistance. more appropriately be termed “quality international working conference on “Enhancing the Quality of Humanitarian Assistance”, held in The Hague on 12 October 2001, standards represent an absolute minimum, at this stage in Sphere’s development. Thus, to have been made through the initiatives Whilst there is a tendency to lump all initiatives”.A lot of valuable investment and was widely discussed by participants. 19 At this same conference, there were a number of calls for developing implying that inability to reach them means the claim that it enhances accountability discussed in this article. In terms of the NGOs into one category, some are much has gone into developing these initiatives, the original Code of Conduct, for example by “unpacking” it and/or by providing an interpretation of its broad principles and indicators failure, or whether they are aspirational, seems somewhat misplaced. interrelationships between humanitarian longer-established and more experienced but their overall effectiveness is still to be against which adherence could be monitored. 52-57_macrae.qxd 3/26/02 3:43 PM Page 52

Joanna Macrae is a Research Fellow in the Humanitarian Policy Group at the Overseas HUMANITARIAN AID HAS ALWAYS and diplomatic and military bodies in policy, and thus between the Development Institute in the United Kingdom. She has conducted research on aid policy in conflict-affected countries, including Cambodia, Ethiopia, Sudan and the Balkans. She is been a highly political activity. Efforts to responding to conflict-related crises. responsibilities of different government co-editor of Disasters: The Journal of Disaster Studies, Policy and Management, and author of Aiding Recovery? The Crisis of Aid in Chronic Political Emergencies, Zed Books, 2001. enhance the protection of civilians, and to This article analyses the factors that are departments. In particular, responsibility secure access for the provision of assistance, driving closer integration of aid and politics for the formulation and execution of rely upon engaging with political and and the implications of this in practice. international relations can no longer be military authorities. Wars are not only contained within a single ministry of The political dimension about capturing territory and assets, “Politics”: whose responsibility? foreign affairs. Instead, it has become they are also about controlling civilian much more dispersed, with different populations in order to harm or protect Three key factors are driving the closer government departments, including those them. Thus, by definition, humanitarian integration of humanitarian and broader responsible for aid, all playing a role. interventions that aim to protect civilians political responses to conflict. Thus, particularly in Europe, the necessarily affect the political economy of •The nature of contemporary warfare distinction that previously existed between conflict. The provision of humanitarian is changing, and this is forcing a search aid and politics has been breaking down. assistance has also been influenced by for new strategies to manage conflict. Now, aid sits alongside diplomacy and anco Pagetti / ICRC anco Pagetti Fr strategic interests of donor governments, Permanent Members of the Security military action as part of an integrated as well as by the media visibility of Council are finding it much more “international policy”,constituting a part particular conflicts. Thus, the issue is not difficult to exert political leverage over of a wider framework designed to enhance whether humanitarian aid is political, warring parties that are often highly human security and reduce conflict. but how. fragmented, and that rely for their This framework is prompting real Humanitarian principles can be seen survival on the extraction of natural change in the organization and functioning 52 – 53 as a set of rules to define the particular resources and predation on civilians, of the international responses to kind of politics of humanitarian action.1 not on superpower military budgets. humanitarian crises in conflict-affected The principle of impartiality defines •Against this background it has been countries. In the United Kingdom, for entitlement to assistance and protection argued that aid can play a significant example, the Department for International on the basis of need and not according to role in addressing conflict prevention Development (DFID) has assumed the political, racial or ethnic affiliation of and resolution. Claims are being made responsibility not only for the delivery affected people. Humanitarian access has that, used badly, aid might exacerbate accountability practice in

been contingent upon observing the conflict; used well, it might be able to : principle of neutrality, i.e. not taking a address its root causes: poverty,

position with regard to the justice or environmental degradation and weak Dukas / Gamma otherwise of any particular cause. These public institutions. section two principles have implied a separation of •Finally,in many Western countries, what might be called “humanitarian there has been a reshaping of domestic politics” from the partisan politics of politics in terms of both ideology and warring parties and the foreign policy administration. Security of States is interests of other States.2 increasingly seen as being contingent on In the post-Cold War era, this the control of not only nuclear missiles, distinction between humanitarian politics but of HIV infection, refugee flows and Aid: a highly political activity. and other forms of political action is environmental change. The process of becoming increasingly unclear. So too globalization means that it is increasingly 1N.Leader, “Proliferating principles: How to sup with the devil without are the responsibilities and mandates of difficult to define the boundaries getting eaten”, Disasters, 1998, Vol. 22(4), pp. 288-309. 2D.Forsythe, Humanitarian Politics, Johns Hopkins University Press, In the past, some donor governments have withheld humanitarian aid to Afghanistan on the grounds that the Taliban’s policy made it impossible to deliver it effectively. humanitarian assistance organizations between domestic and international Baltimore, 1977. 52-57_macrae.qxd 3/26/02 3:43 PM Page 52

been contingent upon observing the conflict; used well, it might be able to : principle of neutrality, i.e. not taking a address its root causes: poverty,

The political dimension

principles is a growing acceptance that protection and assistance on the basis belligerents can secure from illicit trade it is legitimate to withhold assistance to of their essential humanity, and a move in resources such as diamonds, forest certain groups of civilians if this contributes towards a more utilitarian approach that products and narcotics.4 to a process of conflict reduction in the accepts that the means justify the ends. There has also been little innovation future. Such an approach assumes not only Technically, too, there are problems. in “projectizing” conflict prevention and that it is feasible to calculate the potential There is little evidence that in the absence resolution. Present efforts to use aid to impact of (not) supplying assistance on a of a revitalized political strand, including prevent conflict and to build peace tend very complex set of political variables, but appropriate military engagement, aid to be constructed around a relatively simple that international aid officials have the alone can make a significant contribution model of the causes of conflict that mandate and information required to to conflict prevention or resolution. Aid emphasizes competition for resources. make such calculations. Furthermore, flows globally are declining, but the list Emphasizing the internal failures of States to this approach marks a profound shift of objectives these are supposed to achieve develop sufficiently and to regulate conflict of principle regarding the ethics of continues to expand. However, the leverage over scarce resources is to oversimplify the humanitarian action. It signals an end to aid can exert is limited, particularly when complex history of State formation and of international assistance, but for the the effective delivery of relief. While donor As humanitarian action becomes the view that all civilians are entitled to contrasted with the potential gains collapse. Increasing the material resource definition and promotion of the United attention to humanitarian principles is enmeshed with international political and base, without also investing in political Kingdom’s political strategy in relation clearly welcome, its selectivity means that military priorities, its neutrality is lost and institutions and processes, is bound to to countries where there is an aid it is often difficult to distinguish between its impartiality compromised. Belligerents How to legitimately provide support to the process fail. How to legitimately provide support programme, but little clear strategic analysis of the conditions required for have been among the first to notice the of building national political institutions at community to the process of building national interest. Essentially, DFID has become effective humanitarian action and political disappearance of the aid-and-politics and national levels is perhaps the most pressing, political institutions at community and the “Ministry for International Policy conditionality on humanitarian assistance. divide. In part because of this, securing national levels is perhaps the most and as yet largely unaddressed, question facing the 54 – 55 in Non-Strategic Countries”. pressing, and as yet largely unaddressed, This integration of humanitarian access to conflict-affected populations is international aid and diplomatic communities. This is particularly evident with affairs within a broader foreign or, becoming more difficult and dangerous. question facing the international aid and regard to conflict-affected countries that perhaps more accurately, international Thus, for example, it has been reported diplomatic communities. are excluded from the mainstream of policy reached its nexus in Kosovo with that the Revolutionary United Front in Rather than seeking a revitalized and international relations, including the emergence of the Orwellian idea of a Sierra Leone was very sensitive to the reformed diplomatic track, there is evidence development aid relations, because of “humanitarian war”.As Adam Roberts 3 sources of funding of local NGOs, and in that formal diplomacy is turning to aid

sanctions and political conditionality. The reminds us, the essential contradiction particular those receiving funds from the Thierry Gassmann / ICRC organizations, including those engaged in “new humanitarianism” championed in in NATO’s intervention was not only or UK government, which was seen to have humanitarian operations, for political accountability practice in the United Kingdom, and promoted at a primarily its lack of UN mandate, but that taken a tough line with regard to analysis and intelligence. NGOs are : European level, moves away from the idea the tactics it used could not deliver its humanitarian assistance after the May increasingly at ease in high political fora. that donor governments’ only responsibility stated objectives – the protection of 1997 coup.In other words, some They are making appearances at the

is to write cheques payable to the relief civilians. In this context, it is hard not to donors/agencies were seen as more neutral Security Council and providing informal section two system. Instead many donor governments conclude that the use of the humanitarian and impartial than others. In integrating briefings to diplomats, and some are even are adopting a much more proactive label served only as a thin veil behind humanitarian operations into broader paid occasionally to provide intelligence approach in the definition of humanitarian which to hide wider strategic interests. diplomatic and military strategy, the very to political organizations. While some principles and practice and in the While there may be a convergence practical function of neutrality has been international humanitarian agencies have management of humanitarian operations. of interest between humanitarian and ignored. Ultimately this may mean that Thus, for example, several donor “harder” foreign policy interests – such as the access of civilians to basic necessities 3A.Roberts, “Humanitarian issues and agencies as triggers for international military action”, International Review of the Red Cross, governments have withheld humanitarian the prevention of large refugee flows – this such as food, water and shelter is reduced. No. 82, 2000, pp. 673-698. 4 See, for example, P. Le Billon et al., “The political economy of war: assistance to Afghanistan, arguing that the does not mean that they are necessarily Another very practical implication of what relief agencies need to know”, Humanitarian Practice Network, Network Paper 33, and Forum: War, Money and Survival,ICRC, Taliban’s policy in that country precludes comfortable bedfellows. the casual compromise of humanitarian Geneva, 2000. 52-57_macrae.qxd 3/26/02 3:43 PM Page 54

The political dimension

sanctions and political conditionality. The reminds us, the essential contradiction particular those receiving funds from the Thierry / ICRC Gassmann organizations, including those engaged in “new humanitarianism” championed in in NATO’s intervention was not only or UK government, which was seen to have humanitarian operations, for political accountability in practice the United Kingdom, and promoted at a primarily its lack of UN mandate, but that taken a tough line with regard to analysis and intelligence. NGOs are : European level, moves away from the idea the tactics it used could not deliver its humanitarian assistance after the May increasingly at ease in high political fora. that donor governments’ only responsibility stated objectives – the protection of 1997 coup.In other words, some They are making appearances at the

The political dimension

concern that the performance of relief clearly strongly influenced by a particular This new found prominence is a allying themselves with the mono-politics The consequences of this in practice agencies has been patchy, with many political agenda. This raises the question mixed blessing, offering opportunities as of the West’s political vision. In doing so, remain relatively unevaluated, although examples of humanitarian assistance being as to who should undertake (and be well as threats. Maximizing the rewards they need to be aware that rather than preliminary evidence suggests this is

questions regarding the capacity of aid However, there is a not insignificant risk behind blanket claims of confidentiality. political allegiance has proven an unreliable particular ministries of foreign affairs, simply a palliative, humanitarian 56 – 57 agencies to act as competent advocates that the accountability revolution will be Ver y seldom are independent policy analysts model. More sophisticated tools of analysis, and the terms under which they work. assistance will become the scapegoat for in relation to particular conflicts. at best diluted, at worst co-opted. provided with the mandate to scrutinize as well as innovation in terms of politico- Monitoring the consistency of the way the failings of politicians and armies. There are two aspects to this. First, diplomatic and military responses to military strategies for engagement, are in which donors apply conditions on In the process, its ability to serve even its Accountability co-opted? there is a risk that major donors will use conflicts. The “Joint Evaluation of the required to underpin interventions. humanitarian assistance and advocating most minimal function – a vital salve for performance arguments as a means of International Response to Genocide and It will be important to ensure that to protect its neutrality and impartiality the wounds of war – is diminished. In the last decade, and in particular in exerting political influence. In Serbia in Conflict in Rwanda” 6 remains an all-too- political engagement in other peoples’ will be an important role. Similarly, the aftermath of the genocide in Rwanda, 1999, for example, major donors scrutinized rare example of what could be done in wars is self-critical. At present, there is NGOs and international organizations accountability practice in

there has been much greater scrutiny of the functioning of the Serbian Red Cross this regard. a risk of assuming a “one size fits all” have been slow to recognize the potential : humanitarian assistance by the media and with unprecedented thoroughness, paradigm of the modern State and its contradictions in their claims that donor governments. This was driven by nominally on performance grounds but Managing the aid/politics relationship responsibilities and political outlook. humanitarian assistance is compatible The tenets of what has been called “liberal with efforts to actively resolve conflicts section two ...many humanitarian organizations are Humanitarian organizations do not and peace” 8 – promotion of human rights, and invest in longer-term development. 5 Such as ALNAP - the Active Learning Network for Accountability and Performance of humanitarian assistance. should not live in a plastic bubble, insulated democracy and free trade – are not As some donor governments, 6H.Adelman and A. Suhrke, Early Warning and Conflict Management, allying themselves with the mono-politics Study II of the Joint Evaluation of Emergency Assistance to Rwanda, from the “nasty” business of politics. Rather, uniformly understood or shared at a including in particular the United States, Danida, Copenhagen, 1996. of the West’s political vision...They need to 7M.Kaldor, New and Old Wars: Organized Violence in a Global Era, they are in the thick of it, and increasingly global level, particularly if they are used move to consolidate humanitarian Stanford University Press, 1999. be aware that rather than being simply a 8M.Dillon and R. Reid, “Global Governance, Liberal Peace and Complex so. From occupying an esoteric space by powerful States to threaten the assistance within a wider security Emergencies”, unpublished mimeo, University of Lancaster, 2000. substitute for political action, they might 9 See, for example, P. Uvin, “The Influence of Aid in Situations of at the margins of international relations, principle of unconditional sovereignty framework, the particular character of Violent Conflict”, a synthesis report prepared for the DAC Informal Task Force on Conflict, Peace and Development of the findings of the be becoming the primary form of “humanitarianism” is being redefined and of others. By omission and commission, the impartiality and independence of project: “The limits and scope for the use of development assistance incentives and disincentives for influencing conflict situations”, political action undertaken by the West. placed centre-stage. many humanitarian organizations are humanitarian assistance is under threat. OECD/DAC, Paris, 1999. 52-57_macrae.qxd 3/26/02 3:44 PM Page 56

The political dimension

J.C. Pictures / Panos Tordai disbursed with little regard for quality or responsible for) determining whether or that can be drawn from renewed being simply a substitute for political action, likely to have negative implications for its impact on conflict. not the conditions for effective delivery of international concern for human rights they might be becoming the primary form for the welfare of conflict-affected The crisis of confidence in the assistance are in place – donors or their relies upon developing a clearer modus of political action undertaken by the West. populations but to yield only marginal performance of humanitarian organizations implementing partners? And who should vivendi between humanitarian actors and Ensuring that humanitarian gains politically. 9 Safeguarding these has led to a dazzling array of initiatives to scrutinize these decisions? those responsible for diplomatic and organizations are engaged in humanitarian principles, if necessary through appeal enhance performance and strengthen Second, the rapid expansion in the military action. politics, and are not merely instruments to national and international law, is accountability of humanitarian actors. emphasis on accountability in the The relative poverty of diplomacy of partisan politics at a global and domestic a priority. The essence of humanitarian action: “a vital salve for Codes of conduct, performance standards humanitarian arena has been only partially in responding to “new wars” 7 cannot be level, requires considerable effort on In other words, what is required is the wounds of war”. such as the Sphere Project, new networks matched in the political domain. At one countered by investing in a political behalf of those organizations and of not so much an integration of aid, foreign for information exchange and debate 5 and level there have been giant steps forward in version of the “trickle down” theory of donor governments. policy and military action, but clarity invested considerable resources in the rise of the evaluation of humanitarian terms of holding to account those responsible political analysis and informed advocacy, action are all manifestations of what has for major violations of human rights – the In the absence of clarity regarding mutual competence and there are very real questions as to the been called the accountability revolution indictment of Slobodan Milosevic being consistency and robustness of the analysis (see Interrelationships between the most obvious example. obligations, there is a risk that...humanitarian assistance will presented by NGOs to political fora, as humanitarian organizations, page 40). Yet more remains to be done. The become the scapegoat for the failings of politicians and armies. well as its ethics. Not only are principles In the sense that all of these initiatives transparency and accountability of of neutrality and impartiality potentially are intended to ensure that those affected international political decision-making economic approach. Injecting aid funds in The former would do well to regarding mutual competence and compromised by this more proximate by conflict receive appropriate and effective remains much less open to public scrutiny the hope of reducing poverty, so reducing re-examine their relationships with obligations. In the absence of such clarity, engagement, but also there are real assistance, they are to be welcomed. than humanitarian assistance, often hiding competition for resources, and/or securing official donor governments and in there is a risk that rather than being questions regarding the capacity of aid However, there is a not insignificant risk behind blanket claims of confidentiality. political allegiance has proven an unreliable particular ministries of foreign affairs, simply a palliative, humanitarian 56 – 57 agencies to act as competent advocates that the accountability revolution will be Ver y seldom are independent policy analysts model. More sophisticated tools of analysis, and the terms under which they work. assistance will become the scapegoat for in relation to particular conflicts. at best diluted, at worst co-opted. provided with the mandate to scrutinize as well as innovation in terms of politico- Monitoring the consistency of the way the failings of politicians and armies. There are two aspects to this. First, diplomatic and military responses to military strategies for engagement, are in which donors apply conditions on In the process, its ability to serve even its Accountability co-opted? there is a risk that major donors will use conflicts. The “Joint Evaluation of the required to underpin interventions. humanitarian assistance and advocating most minimal function – a vital salve for performance arguments as a means of International Response to Genocide and It will be important to ensure that to protect its neutrality and impartiality the wounds of war – is diminished. In the last decade, and in particular in exerting political influence. In Serbia in Conflict in Rwanda” 6 remains an all-too- political engagement in other peoples’ will be an important role. Similarly, the aftermath of the genocide in Rwanda, 1999, for example, major donors scrutinized rare example of what could be done in wars is self-critical. At present, there is NGOs and international organizations accountability in practice

Nik Gowing is Main Presenter for the BBC’s global TV news channel BBC World, and a published analyst on media in crises. He wrote this paper in a private capacity. Dukas / Gamma

Media in conflict: the new reality not yet understood

War on TV: the speed of change in technology has been breathtaking.

THE TRADITIONAL ASSUMPTIONS with little or no training in the principles editorial scrutiny or standards. By way of Middle East website “Electronic Intifada” established. As a result, its impact in crises The new realities are creating a of the relationship between the media, of good journalism – namely, balance, both text and video on internet websites and states unequivocally on its homepage is growing faster than many with the levers formidable struggle to adapt information humanitarian organizations and all others impartiality and accuracy. A growing other forms of distribution they are steadily that it “will equip you to challenge myth, of power in government or public systems and work practices, not just in involved in conflict and emergencies are number are motivated advocates or partial finding ways to seize the information distortion, and spin in the media in an influence in the established media care news rooms but also within governments, fast becoming outdated and even irrelevant. campaigners who have found low-cost, initiative from the traditional media. Often, informed way, enabling you to effect to accept or admit. diplomacy and the military. NGOs must This means that assumptions about low-tech but highly effective ways firstly though not always, they use questionable positive changes in media coverage of Likewise, while the outlines of the new also confront this. Embracing the new media accountability are similarly outdated. As a to record and then to distribute their but enticing misrepresentations, the Palestinians and the Israeli- trend are clear, the nature and extent of the dynamic in crises has been shown to be a result, mind-sets will have to change – or information and views in near real time. exaggerations or polemics. Palestinian conflict”. new information doers has yet to be fully belated, painful process of catch-up that at least be modified – swiftly. Institutional This massive proliferation of new Indeed, the growing evidence is that A combination of this head-on identified, especially on the institutional is usually well behind the curve of change. understanding of the “media” dynamic has information gatherers and publication/ their often unfiltered, wild-card content can challenge and the inexorable fragmenting media radar screens and by those involved Thus, what this author long ago 58 – 59 to a large extent become frozen in these transmission outlets is challenging and make waves just as dramatically as the of audiences highlights the growing signs in crisis management. But in the interests warned would be a “tyranny of real time” 1 old assumptions instead of rapidly adapting bypassing the traditional definition of the traditional radio, TV or newspaper that established media brands will of preserving an acceptable level of has now arrived with a vengeance. By its to the new realities that are driven by the media. Their work can efficiently seize the platforms. Sometimes the impact can eventually be weakened and their integrity and credibility for information very nature, the new, cheap real-time new, cheap, lightweight capability of information high ground in an emergency, be even greater, with unpredictable traditional influence undermined. in crises they will have to be. And fast. technology is forcing the ditching of information technology to observe, record circumvent the traditional media and consequences. The potential for distortion So, the role of the media in crisis is filtering and editing media processes in and bear witness from the field. thereby have a profound impact that catches and/or misrepresentation is clear. Recognizing the new developments still being perceived through an the interests of immediacy and real-time many unawares. Significantly, they have been taking understandable but outdated prism. impact. But that can lead to increasingly The new witnesses with them willing information receivers – In summary, the media in conflict, crisis This is hardly surprising, however, and imperfect and flawed information. accountability practice in Less checks and balances especially from the less trusting younger and emergency are no longer just what no blame should be apportioned. The As a result the integrity, accuracy and : Most significantly, the bearing of witness generation. These audiences are no longer most believe them to be – the traditional speed of change in both technology and balance of high profile information that in crises can now often be done not just Crucially, the new transmission platforms prepared to accept automatically and news and information outlets of radio, information transparency since early 2001 seizes the high ground in moments of

by journalists but by a whole new cadre – especially websites fed with information passively the reporting perspective of long newspapers and TV. As the old media has been exponential and breathtaking. crisis and tension is often – though not section two of impromptu information “doers”.They from the field, chat forums and mobile established media brands, many of whom matrix fractures and fragments at an Even major media organizations, along always – not quite what it seems. Indeed, are the new mediums, and they are phones – have begun both to bypass and are considered by the new information extraordinarily rapid rate, many players with government intelligence processing in this new proliferation of mediums presenting new challenges that are barely challenge the layered filtering and editing doers to have a commercial and political in crisis have yet to embrace and confront agencies assumed to be the best equipped acknowledged, let alone considered. Many processes of the established broadcast and agenda that either distorts or inadequately these new realities. and funded to cope, have been left 1N.Gowing, Real-Time Television Coverage of Armed Conflicts of these new information doers from publishing news mediums. An increasing represents the core message they expect to The trend is not yet overwhelming, floundering and gasping at the speed and Diplomatic Crises: Does it Pressure or Distort Foreign Policy Decisions?, Joan Shorenstein Barone Center, John F. Kennedy School conflict situations can now be amateurs number of them may be subject to no be transmitted from a crisis. The radical but in a matter of months it has been of developments. of Government, Cambridge, MA, Harvard University, 1994. 58-63_gowing.qxd 3/26/02 3:29 PM Page 58

Nik Gowing is Main Presenter for the BBC’s global TV news channel BBC World, and a published analyst on media in crises. He wrote this paper in a private capacity. Dukas / Gamma Dukas

Media in conflict: the new reality not yet understood

War on TV: the speed of change in technology has been breathtaking.

THE TRADITIONAL ASSUMPTIONS with little or no training in the principles editorial scrutiny or standards. By way of Middle East website “Electronic Intifada” established. As a result, its impact in crises The new realities are creating a of the relationship between the media, of good journalism – namely, balance, both text and video on internet websites and states unequivocally on its homepage is growing faster than many with the levers formidable struggle to adapt information humanitarian organizations and all others impartiality and accuracy. A growing other forms of distribution they are steadily that it “will equip you to challenge myth, of power in government or public systems and work practices, not just in involved in conflict and emergencies are number are motivated advocates or partial finding ways to seize the information distortion, and spin in the media in an influence in the established media care news rooms but also within governments, fast becoming outdated and even irrelevant. campaigners who have found low-cost, initiative from the traditional media. Often, informed way, enabling you to effect to accept or admit. diplomacy and the military. NGOs must This means that assumptions about low-tech but highly effective ways firstly though not always, they use questionable positive changes in media coverage of Likewise, while the outlines of the new also confront this. Embracing the new media accountability are similarly outdated. As a to record and then to distribute their but enticing misrepresentations, the Palestinians and the Israeli- trend are clear, the nature and extent of the dynamic in crises has been shown to be a result, mind-sets will have to change – or information and views in near real time. exaggerations or polemics. Palestinian conflict”. new information doers has yet to be fully belated, painful process of catch-up that at least be modified – swiftly. Institutional This massive proliferation of new Indeed, the growing evidence is that A combination of this head-on identified, especially on the institutional is usually well behind the curve of change. understanding of the “media” dynamic has information gatherers and publication/ their often unfiltered, wild-card content can challenge and the inexorable fragmenting media radar screens and by those involved Thus, what this author long ago 58 – 59 to a large extent become frozen in these transmission outlets is challenging and make waves just as dramatically as the of audiences highlights the growing signs in crisis management. But in the interests warned would be a “tyranny of real time” 1 old assumptions instead of rapidly adapting bypassing the traditional definition of the traditional radio, TV or newspaper that established media brands will of preserving an acceptable level of has now arrived with a vengeance. By its to the new realities that are driven by the media. Their work can efficiently seize the platforms. Sometimes the impact can eventually be weakened and their integrity and credibility for information very nature, the new, cheap real-time new, cheap, lightweight capability of information high ground in an emergency, be even greater, with unpredictable traditional influence undermined. in crises they will have to be. And fast. technology is forcing the ditching of information technology to observe, record circumvent the traditional media and consequences. The potential for distortion So, the role of the media in crisis is filtering and editing media processes in and bear witness from the field. thereby have a profound impact that catches and/or misrepresentation is clear. Recognizing the new developments still being perceived through an the interests of immediacy and real-time many unawares. Significantly, they have been taking understandable but outdated prism. impact. But that can lead to increasingly The new witnesses with them willing information receivers – In summary, the media in conflict, crisis This is hardly surprising, however, and imperfect and flawed information. accountability in practice Less checks and balances especially from the less trusting younger and emergency are no longer just what no blame should be apportioned. The As a result the integrity, accuracy and : Most significantly, the bearing of witness generation. These audiences are no longer most believe them to be – the traditional speed of change in both technology and balance of high profile information that in crises can now often be done not just Crucially, the new transmission platforms prepared to accept automatically and news and information outlets of radio, information transparency since early 2001 seizes the high ground in moments of

Media in conflict: the new reality not yet understood

and data generators, which piece of editorial shortcomings of traditional media information is credible? Once information in conflict. As with the globalization street is out in the public domain, unfiltered and protests in Genoa, Gothenburg, Prague, uncorroborated, yet seizing the initiative, Davos, Seattle and elsewhere, it could be Howard Davies / Panos Pictures Howard Davies / Panos how can it be checked and verified? said that the fundamental challenge to an Even more important, as information existing status quo has been masked by the timelines become relentlessly compressed, smoke and noise of a handful of dramatic, ...the world has the chance to know much more which new and partial information doer violent events. Before the terrorist outrages with a laptop computer, digital camera of 11 September in the United States, a about conflict than it ever did. and mobile uplink capability in a crisis fundamental upheaval was already under zone might be knowingly trying to way, changing things faster than traditional manipulate or deceive in a time of crisis? thinkers had even begun to realize. In their jungles or mountain hideouts, the warlords, warriors and guerrilla groups More exposure for world suffering? can now be as well equipped and IT savvy with their lives. Eight highly respected mountains in late December 1999 and Bias or truth? as both the traditional media and the There is, however, a positive upside for international journalists died in Afghanistan early 2000. Uniquely, and at great risk, advocacy groups with their PC and young humanitarians who struggle to focus during three incidents involving both he recorded on his video camera the As surely as night follows day, there will webmaster in a city office. international attention on what they fear robbery and combat. From what we know, Stalingrad-like conditions of the capital, always be accusations of media bias, often are victims and crises that are forgotten or more journalists were killed in the first along with the slaughter of both Chechen due to assumed commercial pressures or And the established media? ignored. They may suspect bias, propaganda months of the hunt for Osama Bin Laden civilians and Russian troops. On the business interests of some media and the power of commercial interests in A UNHCR spokesperson is interviewed by the BBC and al Qaeda than soldiers in the US-led morning he returned to Britain, he told organizations. Without doubt, some over satellite phone as Rwandan refugees return home. The overall implications for the some of the traditional media. Yet the forces. But this new breed of risk-takers me in the BBC World studio that Chechnya concerns will be justified in some parts of accountability of the established media recent evidence shows that the combination continues to be willing to cross the lines had been “the most frightening time of the world. However, the reality about bias must now be assumed to have the potential of the new, cheap, lightweight technology conflicts and emergencies from more parts into zones of conflict and emergencies to my life” but “I had to do it”. and truth is far more complex. to become sweeping. and the proliferation of transmission of the world than ever before. The IRIN record suffering and the reasons for it Gil Moreno had done the same at It is best illustrated by what 2

For a start, no longer will they be platforms means there is a far greater and Alert Net websites are but one vivid where many would think twice and refuse. great risk in many conflicts, including happened to a commercial risk-taking 60 – 61 viewed obediently as the high priests of chance of war and the suffering of victims confirmation of this. Despite intense danger for over many years in the Balkans. His vivid media enterprise like the formerly what is expected to be the most reliable being both recorded and exposed, even if it There is also the proliferation of humanitarian workers and a Russian bounty bearing of witness brought the horror to independent Russian TV station NTV. information. Their versions can now be is not to a mass media market. The swift and young, sometimes callow freelancers who for anyone found with even a tiny camera world TV screens and won him many In late 1999 – when it was still an challenged explicitly, contemporaneously proliferating presence of MiniM and TV aspire to greater things in the media and and satellite uplink, the horrors of awards. In May 2000 he was killed in an independent media voice – NTV defied and credibly by other information doers. satellite uplinks in Northern Afghanistan want to take risks to bear witness to war Chechnya have been exposed piecemeal ambush in Sierra Leone with the Reuter the Kremlin by dispatching brave Russian These information doers also have the within days of the 11 September outrages and humanitarian crises, even if their by a small, determined band of defiant correspondent Kurt Schork, a revered video journalists into Chechnya to reveal ability to create a rival, alternative agenda is partial proof of this. earnings are minimal. information doers. In late 1999 the veteran of the Balkans since Croatia and both the appalling fighting and the high,

shorter column inches or finite amounts most dramatic humanitarian crises, the foolhardy, and thereby a liability to any soldiers, according to some sources, and determination to report horrors. Like Kremlin’s deceit, the rising death toll section two of airtime for news and analysis. world has the chance to know much more media organization they claim to be then narrowly escaped death. scores of others, they were there and they among Russian soldiers and the dreadful Already some of the new information about conflict than it ever did. By way of working for. Miguel Gil Moreno, an APTN bore witness, which must always remain human suffering in one of Russia’s own doers are showing how effectively they can one medium or another, there is more Tragically, but inevitably, a handful cameraman, also spent four weeks living the primary journalistic aim in a both expose and challenge the inherent coverage in text and video of more of both the brilliant and inept have paid with the victims of Grozny and the Chechen humanitarian crisis. 2 www.reliefweb.int/IRIN/ and www.alertnet.org 58-63_gowing.qxd 3/26/02 3:29 PM Page 60

Media in conflict: the new reality not yet understood

of issues and coverage to expose what Although critics complain that the Some must be admired for the Russian journalist Andre Babitsky of Sarajevo in the early 1990s. but still secret, casualty rate among accountability in practice : some view as the usually narrow, often prime time TV news programmes and brilliance of the revelatory work that they Radio Liberty was eventually detained These are just three examples of great Russian troops. superficial agenda of traditional media main broadsheet newspapers appear to have taken big risks for. Others have by the Russians as a spy, handed over to journalistic distinction in this new era of NTV’s nightly coverage enraged outlets with their constraint of ever- have abandoned coverage of all but the shown themselves to be inept and Chechen guerrillas in exchange for Russian technology in conflict. They are proof of a Russia’s political leaders. It exposed the shorter column inches or finite amounts most dramatic humanitarian crises, the foolhardy, and thereby a liability to any soldiers, according to some sources, and determination to report horrors. Like Kremlin’s deceit, the rising death toll section two of airtime for news and analysis. world has the chance to know much more media organization they claim to be then narrowly escaped death. scores of others, they were there and they among Russian soldiers and the dreadful Already some of the new information about conflict than it ever did. By way of working for. Miguel Gil Moreno, an APTN bore witness, which must always remain human suffering in one of Russia’s own doers are showing how effectively they can one medium or another, there is more Tragically, but inevitably, a handful cameraman, also spent four weeks living the primary journalistic aim in a both expose and challenge the inherent coverage in text and video of more of both the brilliant and inept have paid with the victims of Grozny and the Chechen humanitarian crisis. 2 www.reliefweb.int/IRIN/ and www.alertnet.org 58-63_gowing.qxd 3/26/02 3:29 PM Page 62

Media in conflict: the new reality not yet understood

The warring factions – whether the expectations and assumptions of accuracy. government, insurgents or street Yet the reality can be just the opposite, with protesters – now monitor the 24-hour impressions and rumours abounding. When Ursula Meissner / ICRC Ursula Meissner output of most news stations. As Intifada-2 the two aircraft were videoed flying into in the Middle East has shown, real-time the World Trade Center on 11 September reporting is uncomfortable for all sides 2001, the images told us what had because they see or hear unfolding incidents happened, but not why. Was it a massive immediately through contradictory prisms air traffic control failure? Pilot error? A during the heat of conflict. In different catastrophic on-board failure? Or the more ways, each views factual reporting – unthinkable possibilities – at that stage – including the inevitable imperfections in of hijacking and terrorism? real time – as either a betrayal or tactical Inevitably, media anchors and Emotions run high as Palestinian mothers grieve threat to their military operations. correspondents began speculating. They for their lost sons. Intifada-2 has underscored how can be accused of making the wrong real-time reporting can show unfolding incidents through contradictory prisms. The media in war today assumptions and held to account for such inaccuracies. However, the new inherent republics. NTV’s motives for the coverage As a result, there is often deep hostility tension of real-time reporting is precisely were clearly both commercial and and resentment towards the media, that the fact of an incident is often known journalistic, yet humanitarian suffering without acceptance or understanding of and reported well before an accurate was exposed vividly. the new real-time realities. This has now explanation for what has taken place. But the policy carried a high price. led to a new insidious trend. The growing Moreover, the recent recession and the Subsequently the Kremlin targeted NTV, evidence being gathered from news collapse in advertising have highlighted the engineered a commercial “takeover”, organizations by the International Press massive commercial pressures on media forced the station’s leading figures into Institute is that this is exposing camera companies, both large and small. exile and sacked the main editorial staff operators and information doers on the Reporting excellence since 11 September and on-air presenters. This was the ground to the new threat of being actively has been put under immense strain commercial and editorial price for targeted by warring factions, including by because good journalism costs money.

journalistic risk-taking and bearing of government forces under orders to Both newspapers and commercially-funded 62 – 63 witness in war. It forced the Russian “eliminate and neutralize” those who bear broadcasting media have been forced to government to try and turn the screw witness to their military operations. bleed cash in order to fight for readership, even more decisively and ruthlessly on Overall, many will readily conclude while advertising income has slumped. those journalists, information doers and that the media as traditionally perceived Newspapers have become thinner and their diminishing number of media are in retreat in humanitarian crises. very survival in the medium to long term organizations who continued to try and However, there are good reasons to confirm has been put in question as, more than defy the Kremlin’s political determination. that the opposite is the case, albeit with a ever, the profit and loss accounts have accountability in practice

In the new world of 24-hour fast-changing matrix of media operators failed to balance. : channels on TV,radio and websites, the and new on-the-ground realities. It is cacophony of accusations of media bias nevertheless imperative that these realities will always grow, especially from the are embraced and confronted. section two participants in a crisis. But this is the price A major concern is the effect of real- of the new information transparency in time reporting on accountability. The very zones of conflict. immediacy of such reporting increases the Dangerously close: following the war in Chechnya. Heidi Bradner / Panos Pictures Heidi Bradner / Panos 58-63_gowing.qxd 3/26/02 3:29 PM Page 62

Media in conflict: the new reality not yet understood

The warring factions – whether the expectations and assumptions of accuracy. government, insurgents or street Yet the reality can be just the opposite, with protesters – now monitor the 24-hour impressions and rumours abounding. When Ursula Meissner / ICRC output of most news stations. As Intifada-2 the two aircraft were videoed flying into in the Middle East has shown, real-time the World Trade Center on 11 September reporting is uncomfortable for all sides 2001, the images told us what had because they see or hear unfolding incidents happened, but not why. Was it a massive immediately through contradictory prisms air traffic control failure? Pilot error? A during the heat of conflict. In different catastrophic on-board failure? Or the more ways, each views factual reporting – unthinkable possibilities – at that stage – including the inevitable imperfections in of hijacking and terrorism? real time – as either a betrayal or tactical Inevitably, media anchors and Emotions run high as Palestinian mothers grieve threat to their military operations. correspondents began speculating. They for their lost sons. Intifada-2 has underscored how can be accused of making the wrong real-time reporting can show unfolding incidents through contradictory prisms. The media in war today assumptions and held to account for such inaccuracies. However, the new inherent republics. NTV’s motives for the coverage As a result, there is often deep hostility tension of real-time reporting is precisely were clearly both commercial and and resentment towards the media, that the fact of an incident is often known journalistic, yet humanitarian suffering without acceptance or understanding of and reported well before an accurate was exposed vividly. the new real-time realities. This has now explanation for what has taken place. But the policy carried a high price. led to a new insidious trend. The growing Moreover, the recent recession and the Subsequently the Kremlin targeted NTV, evidence being gathered from news collapse in advertising have highlighted the engineered a commercial “takeover”, organizations by the International Press massive commercial pressures on media forced the station’s leading figures into Institute is that this is exposing camera companies, both large and small. exile and sacked the main editorial staff operators and information doers on the Reporting excellence since 11 September and on-air presenters. This was the ground to the new threat of being actively has been put under immense strain commercial and editorial price for targeted by warring factions, including by because good journalism costs money. journalistic risk-taking and bearing of government forces under orders to Both newspapers and commercially-funded 62 – 63 witness in war. It forced the Russian “eliminate and neutralize” those who bear broadcasting media have been forced to government to try and turn the screw witness to their military operations. bleed cash in order to fight for readership, even more decisively and ruthlessly on Overall, many will readily conclude while advertising income has slumped. those journalists, information doers and that the media as traditionally perceived Newspapers have become thinner and their diminishing number of media are in retreat in humanitarian crises. very survival in the medium to long term organizations who continued to try and However, there are good reasons to confirm has been put in question as, more than defy the Kremlin’s political determination. that the opposite is the case, albeit with a ever, the profit and loss accounts have accountability in practice

In the new world of 24-hour fast-changing matrix of media operators failed to balance. : channels on TV,radio and websites, the and new on-the-ground realities. It is cacophony of accusations of media bias nevertheless imperative that these realities will always grow, especially from the are embraced and confronted. section two participants in a crisis. But this is the price A major concern is the effect of real- of the new information transparency in time reporting on accountability. The very zones of conflict. immediacy of such reporting increases the Dangerously close: following the war in Chechnya. Heidi Bradner / Panos Pictures / Panos Heidi Bradner War and accountability - Missing

Missing by Antonella Notari

Antonella Notari is the spokesperson of the ICRC. She has worked as a delegate in a number of conflict zones throughout the world since 1989. In her last field assignment, she was in charge of the process of clarifying the fate of people who had gone missing in Bosnia-Herzegovina. She wrote her observations in this article from the April 2002 issue of FORUM.

Nick Danziger (Contact Press Images)/ICRC QUOTE: "...prompted mainly by the right of families to know the fate of their relatives...each Party to the conflict shall search for the persons who have been reported missing by an adverse Party..." from Articles 32 and 33 of 1977 Protocol I additional to the 1949 Geneva Conventions

Photographs taken on a sunny Sunday picnic – the whole family gathered together smiling; photographs of confident students, swaggering soldiers, happy grooms; faded portraits countless times beheld, stroked with trembling fingers, carried close to the heart; pictures displayed like banners to ward off oblivion; photographs held out in a The Book of Belongings. This volume, put together by the ICRC, contains desperate gesture to anyone who might thousands of photos of items found with unidentified mortal remains in Bosnia- Herzegovina. For many families it is the only way to trace missing relatives. recognize the fading features, to anyone who might know something about a cherished individual whose fate is unknown.

In countless scenes of armed conflict or political unrest around the world, parents, siblings, spouses, children and friends are immersed in the restless task of seeking. The circumstances in which people disappear may vary from one situation to another, but the devastating anguish and pain endured by their relatives and friends are always the same.

Uncertain of whether the people sought are alive or dead, their families and communities usually find it impossible to come to terms with the violent events that have disrupted their lives. They often remain trapped in their anxiety and outrage for years after the hostilities have subsided and peace has returned. As a result, they are unable to recover personally or achieve reconciliation at the community level. Future generations will therefore inevitably be imbued with resentment owing to the trauma and injustice suffered by the present generation. Such wounds fester, and can contaminate the fabric of society, poisoning relations between entire groups and even nations for decades after the actual events.

A close look at conflict and post-conflict situations around the world – the troubled peace in Cyprus or in Bosnia-Herzegovina, the strained relations between Iran and Iraq or Ethiopia and Eritrea, the near- impossible task of resolving the conflict over the Western Sahara, the relentless demands for truth and justice in Chile and Peru, the ongoing violence in Indonesia and the marathon conflict in Sri Lanka – reveals that among other causes, pain and anger on the part of the families of missing people and their traumatized

Page 1 of 2 War and accountability - Missing 10/01/2008 10:38

communities is a prime factor in perpetuating hostilities.

In many situations of war or political violence, relatives and friends of the missing organize themselves into associations for mutual support and advancement of their cause. These groups generally disseminate information about the missing and advocate ways of uncovering the truth and bringing about personal and community "closure". They also seek to identify the families' most pressing needs – psycho-social support, effective judicial measures, legal counsel, and material aid for the most deprived – and to make these needs known to those in a position to meet them. To the extent that they adequately represent the interests of the relatives and communities of the missing persons, such associations are crucial to ensuring that they receive the help they require.

Responsible action on the part of governments and national and international organizations to find the missing and help their families and their communities must imperatively be based on constructive dialogue with the victims and their associations.

This dialogue helps pinpoint the action needed to meet the main needs of the victims. Though the need to know is inevitably cited by relatives as essential, experience also shows that the missing person often was a breadwinner and responsible for dealing with administrative matters. While every effort must be made to clarify what has happened to missing persons, their relatives also need the financial means to live with dignity.

Dialogue between those seeking information about their loved ones and those in a position to help them is needed to ensure that responsibilities are met and that the memory of what happened is preserved. Anything less would add to the trauma of the original loss the indignity of failing to have it acknowledged. When all attempts fail and it proves impossible to trace all individuals who have fallen on the battlefield or have disappeared after arrest or remain otherwise unaccounted for under violent circumstances, the least that must be done for their families and communities is to recognize the loss of these precious human lives and to honour their memories in a dignified manner.

It is essential that efforts to determine what has happened to persons unaccounted for be based on verifiable facts regarding their identity and the circumstances of their disappearance. Rumours and outright lies surrounding persons missing in connection with conflict will only aggravate tensions. Accurate facts and figures serve as recognition of the relatives' plight and place their search in a dignified framework. The tracing effort can also provide indications as to who might have vital information and how such information might be obtained.

Throwing light on conflict-related disappearances has often been made extremely difficult by lack of cooperation on the part of those in a position to account for them, an absence of political will on the part of those who might be able to exert pressure to obtain relevant information, and suppression and destruction of data. But it is often apparent that if the problem of missing persons is not dealt with in due time and in close cooperation with those affected, the future of whole societies and of relations between entire nations will be placed in jeopardy. For the sake of lasting peace and stability – and whatever the gruesome truths that might be revealed – the fate of the missing must be clarified and the dignity of their families restored. This calls for courageous and determined action.

War and Accountability, FORUM, April 2002

15-04-2002

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Roy Gutman, a diplomatic reporter based in Washington DC, co-edited Crimes of War, What the Public Should Know, an A-to-Z of the Geneva Conventions, with David Rieff in 1999, and wrote A Witness to Genocide: The 1993 Pulitzer Prize-Winning Dispatches on the ‘Ethnic Cleansing’ of Bosnia. He is a co-founder and president of the Crimes of War Education Project in Washington DC, which maintains a website on humanitarian law. onclusion c Conclusion

IN SUMMER 1994, WHEN SURVIVORS OF THE RWANDAN major powers, starting with the United States, felt they had no to inform the world of the realities of “ethnic cleansing”. genocide discovered that the world had decided to rush security interests at stake. Finally, in Rwanda, Western governments ignored practically humanitarian aid to the perpetrators of that genocide, their In Somalia, the United States led UN troops from more every obligation of humanitarian law. They pretended there was fury was understandable. than a dozen countries, but the decision to deploy forces in that no genocide until it was completed, withdrew most of the The scene in Yolande Mukagasana’s article, of townspeople country in late 1992 was undertaken largely for domestic political international force that might have helped shield the masses gathering to throw stones at the aid convoy, and the broader reasons, namely to distract attention from the conflict in of innocents, and rescued only Western nationals. Finally, they scandal of the camps at Goma, is a nightmare not only for Bosnia-Herzegovina and the growing clamour to intervene in the organized Operation Turquoise, a rescue mission for the combatants the humanitarian aid community but for all civilized people. Balkans. The humanitarian aid mission in Somalia, which opened – génocidaires – who fled Rwanda to then-Zaire to prepare their This was a world-class blunder, an occasion when providing with a staged “photo opportunity”,gave way to a chaotic military return engagement. That was the step over the moral cliff. aid, to paraphrase Pierre Perrin, certainly led to even conflict for which no one was prepared, and the United States more violence. quickly withdrew in disarray. Somalia was a triple setback in the A dawning awareness world of humanitarianism: the deployment decision had provided Humanitarian “blunders” the United States with an excuse not to act in Bosnia (“We do Now, eight years after Rwanda, the powers-that-be – France, the deserts, not mountains,” a top military aide said at the time) United States, and the United Nations Secretariat – have recognized The humanitarian aid community has been trying ever since to and the failure of the deployment gave the US Administration the enormity of their errors in terms of active policy. grapple with the implications of that scandal; the evolving debate the excuse to ignore the genocide in Rwanda. France abandoned any claim to take charge of those parts is the basis of this edition of FORUM.But before drawing With Washington ducking out, the United Kingdom and of French-speaking Africa that it had not colonized. In 1995, led conclusions, it might be useful to focus first on those who bear France had taken the lead in Bosnia, but under the false guise by the United States, NATO acted to end the war in Bosnia – the most responsibility, after the perpetrators themselves. It was of “peacekeeping” forces in a raging war. The sole mission they albeit on unjust terms – and in 1999 intervened in Kosovo to the major Western governments who failed to respond to the assigned themselves was to protect humanitarian aid deliveries, and avert a massive crime against humanity. That same year, the Rwandan genocide in the first place and then, in order to defuse often they did not do even that. Instead they used their presence United Nations and the West, using mainly threats, intervened short-term political pressures, established a zone of protection for to block an air intervention by the US-led NATO troops until in Timor. The UN also undertook its own accountability review, the perpetrators. It was they who made a public show of staging after the Serb-led slaughter at Srebrenica in July 1995. And, while with investigations into Rwanda and Srebrenica as well as an food deliveries, thereby cheapening the humanitarian cause. present, they failed to denounce or prevent genocide, crimes against examination of UN peacekeeping practices, the potential for What lessons have they learnt? Do they accept accountability? humanity, or other war crimes. As UN blue helmet forces, and in humanitarian intervention and how to address war crimes. The answers to those questions will help feed the broader debate. the absence of any specific UN-ICRC agreement at the time,1 they In its historical context – the post-Cold War era – Rwanda claimed that they were not bound by the Geneva Conventions. 1A Bulletin on observance of international humanitarian law by United Nations forces was subsequently was the third in a succession of second-order crises in which the It was left to the news media and humanitarian aid personnel issued on 6 August 1999 (Secretary-General's Bulletin, ST/SGB/1999/13). 80-87_conclusion.qxd 26/3/02 3:14 pm Page 80 80 – 81

Yet the debate about lessons learned is far from over. The

major powers have not yet reached a consensus on when to 82 – 83 intervene for humanitarian reasons, establishing a humanitarian space in war to enable populations to be protected and humanitarian agencies to operate. The reason is largely that two onclusion US administrations have not yet been able to reach an internal c accord on the use of military power when US security is not directly threatened. And there is no other State or combination of States that for the present can substitute for the United States.

A growing sense of accountability

In its slow and halting response to the epic policy failures in the early 1990s, the international community breathed life into the concept of accountability, chiefly by creating international tribunals to address crimes in Bosnia and Rwanda. These tribunals began as a lame substitute for political inaction. Now, with the arrest and trial of Slobodan Milosevic, they have become formidable institutions, rescuing international humanitarian law from stagnation and creating a track record for legal and moral accountability that had not been seen since Nuremberg. Most important: these tribunals have put legal norms at the centre of their examination of conduct in conflict. Thus, there has been an incomplete but significant shift in international politics, coupled with a revival of legal norms and moral standards through the creation of new UN judicial institutions. In the absence of concerted and consistent leadership, non- governmental humanitarian aid organizations, on the other hand, are caught in a bind. From their vantage point at the cutting edge of events, they are not only the visible signs of conscience but often the eyes and ears of the international community. By moving in where Western armies feared to tread, and staying as long as needed, they as a group gained moral influence during the 1990s. Their insistence that they, too, should be accountable enhanced their credibility. They deserve to be heard, and increasingly this is the case. But can the public comprehend what they are saying? The humanitarian aid world reacted to the debacles of the 1990s by attempting to set standards. The Red Cross/Red Crescent Movement published its code of conduct for disaster relief in 1994 and supported the Sphere Project, started in 1997 in response to the Goma camp scandal. The resulting 1999 Sphere standards break with the long-standing “charity” approach to aid, and speak 80-87_conclusion.qxd 26/3/02 3:16 pm Page 82 Martyn Routledge Martyn

Yet the debate about lessons learned is far from over. The

A growing sense of accountability

Conclusion Andrew Testa / Panos Pictures / Panos Testa Andrew

of the obligation to and rights of the victims. This notion of a responsibility underlies all law, but most especially criminal law, bottom-up system of accountability, instead of top-down (from and humanitarian law. According to Bilgrami, a group may be the donors), makes sense in an era when development aid took held accountable only when it is capable of human reasoning, 84 – 85 second place to emergency humanitarian aid. Nevertheless, this self-criticism, and self-correction. Thus, individuals who are part is not to advocate abandoning accountability in a post-conflict of groups formed or brought into existence on a basis such development context, for as Msgr Basílio do Nascimento of Timor as race, ethnicity or geographical location, cannot be held

points out, humanitarian aid organizations and the UN seemed accountable in a sense of “collective guilt”.A group formed to onclusion c to pocket most of the funds the international community allocated commit crimes, such as a terrorist gang, a criminal conspiracy or to that emerging country’s reconstruction. a death squad, certainly could, however. But the key question he Yet the articles in FORUM and the debate within the poses is whether States can be held accountable if their goals are humanitarian community, spurred by the formation by Médecins “exclusively self-interested”.He suggests that taking a moral stance sans frontières (MSF) of an “anti-Sphere” movement, suggest that towards States may encourage them to be morally sensitive, while the standards have been insufficient. The most trenchant not taking such a stance will bring the exact opposite result. judgement is that the guidelines, which focus on food, shelter, water and health conditions, do not explicitly address the core The law issue of modern humanitarian crises. The Sphere Humanitarian Aid Charter notes at its start that non-combatants are increasingly Bilgrami’s approach overlooks the existence of humanitarian law, the targets in war, even though they are entitled to immunity from which embodies both legal strictures now increasingly being attack. This is a positive, but muted, reference to the law. The law enforced and the moral guidelines that emerged from recent Towards a “tolerable future”: there can be no real peace without accountability. stipulates that violations of explicit legal protections are grave history. Individual States may wish to ignore that history and breaches, or war crimes. The issue is whether to call crimes by those experiences, but the rest of humanity cannot. Bilgrami’s their rightful name, and to use these standards in the field. question should be rephrased: who is accountable in a State because of their failure in the past decade, now find themselves There is a compelling argument to do that. For crime, a word that authorizes its agents to commit crimes under international being second-guessed at every turn. not mentioned in the charter, is most probably what prompted humanitarian law? The standards were redefined after the Second The shift in government thinking – from wilful negligence the drawing-up of standards in the first place. As Fabien Dubuet World War and the Holocaust. The need for them was reaffirmed of genocide to intervention to pre-empt crimes against humanity of MSF puts it: “Deaths among people in need are more often by the events of the early 1990s, leading to the setting-up of the – has given rise to hand-wringing. Take, for example, the US-led caused by serious violations of humanitarian law than by poor- statutes of the International Criminal Court and the International intervention in Kosovo. The question is whether armed quality relief.” Criminal Tribunal for the former Yugoslavia. But who will see intervention can be directly based on humanitarian law as opposed that they are carried out? Who has “ownership” of these laws? to taking place according to the UN Charter. Yet the Geneva What sort of accountability? This is the challenge of our era. Conventions require States Parties not only to uphold the law, The standard response is that the law is the responsibility but to see to it that it is upheld, and one must ask how that can What sort of accountability should be injected into the operations of States and courts. Legalists will argue that States do not be done in extreme cases, except by armed intervention. As for of humanitarian aid organizations, “one of the largest unregulated “derogate” the rights under this law other than to the International the UN Charter (the law of nations) having superior status over industries in the world”,in the words of Margie Buchanan-Smith? Committee of the Red Cross (ICRC), which has a specific right humanitarian law (the law of armed conflict), the two laws The toughest single question, notes Dubuet, is whether NGOs to provide humanitarian assistance to civilians during armed actually co-existed for years before the 1999 Kosovo intervention should develop a procedure for reporting war crimes. Can conflict. Koenraad Van Brabant argues that sovereignty is ultimately provided a test. The superiority of the law of nations has never individuals take on that role? Should States assure accountability vested in the people and not in the government of the day. In been formally and legally established. The real question is, which of third States? Just who should be held accountable? actual fact, when States fail to uphold the standards, as occurred court of law will in fact determine that the intervention was not Akeel Bilgrami’s discussion of accountability is a good in the early 1990s, public outrage forced them to return to their lawful? Similarly, Joanna Macrae’s assertion that the use of the starting-point for the inquiry. “What is basic to freedom is responsibilities. Humanitarian field workers and the media humanitarian label in Kosovo “served only as a thin veil behind responsibility and what is basic to responsibility are justifiable provided the data that fuelled the outrage. So humanitarian law which to hide wider strategic interests” is a political judgment moral responses,” he writes. This statement of individual is no longer an affair solely of governments. Indeed governments, that has yet to be borne out. The United States, as leader of NATO, 80-87_conclusion.qxd 26/3/02 3:16 pm Page 84

Conclusion Andrew Testa / Panos Pictures / Panos Testa Andrew of the obligation to and rights of the victims. This notion of a responsibility underlies all law, but most especially criminal law, bottom-up system of accountability, instead of top-down (from and humanitarian law. According to Bilgrami, a group may be the donors), makes sense in an era when development aid took held accountable only when it is capable of human reasoning, 84 – 85 second place to emergency humanitarian aid. Nevertheless, this self-criticism, and self-correction. Thus, individuals who are part is not to advocate abandoning accountability in a post-conflict of groups formed or brought into existence on a basis such development context, for as Msgr Basílio do Nascimento of Timor as race, ethnicity or geographical location, cannot be held points out, humanitarian aid organizations and the UN seemed accountable in a sense of “collective guilt”.A group formed to onclusion c to pocket most of the funds the international community allocated commit crimes, such as a terrorist gang, a criminal conspiracy or to that emerging country’s reconstruction. a death squad, certainly could, however. But the key question he Yet the articles in FORUM and the debate within the poses is whether States can be held accountable if their goals are humanitarian community, spurred by the formation by Médecins “exclusively self-interested”.He suggests that taking a moral stance sans frontières (MSF) of an “anti-Sphere” movement, suggest that towards States may encourage them to be morally sensitive, while the standards have been insufficient. The most trenchant not taking such a stance will bring the exact opposite result. judgement is that the guidelines, which focus on food, shelter, water and health conditions, do not explicitly address the core The law issue of modern humanitarian crises. The Sphere Humanitarian Aid Charter notes at its start that non-combatants are increasingly Bilgrami’s approach overlooks the existence of humanitarian law, the targets in war, even though they are entitled to immunity from which embodies both legal strictures now increasingly being attack. This is a positive, but muted, reference to the law. The law enforced and the moral guidelines that emerged from recent Towards a “tolerable future”: there can be no real peace without accountability. stipulates that violations of explicit legal protections are grave history. Individual States may wish to ignore that history and breaches, or war crimes. The issue is whether to call crimes by those experiences, but the rest of humanity cannot. Bilgrami’s their rightful name, and to use these standards in the field. question should be rephrased: who is accountable in a State because of their failure in the past decade, now find themselves There is a compelling argument to do that. For crime, a word that authorizes its agents to commit crimes under international being second-guessed at every turn. not mentioned in the charter, is most probably what prompted humanitarian law? The standards were redefined after the Second The shift in government thinking – from wilful negligence the drawing-up of standards in the first place. As Fabien Dubuet World War and the Holocaust. The need for them was reaffirmed of genocide to intervention to pre-empt crimes against humanity of MSF puts it: “Deaths among people in need are more often by the events of the early 1990s, leading to the setting-up of the – has given rise to hand-wringing. Take, for example, the US-led caused by serious violations of humanitarian law than by poor- statutes of the International Criminal Court and the International intervention in Kosovo. The question is whether armed quality relief.” Criminal Tribunal for the former Yugoslavia. But who will see intervention can be directly based on humanitarian law as opposed that they are carried out? Who has “ownership” of these laws? to taking place according to the UN Charter. Yet the Geneva What sort of accountability? This is the challenge of our era. Conventions require States Parties not only to uphold the law, The standard response is that the law is the responsibility but to see to it that it is upheld, and one must ask how that can What sort of accountability should be injected into the operations of States and courts. Legalists will argue that States do not be done in extreme cases, except by armed intervention. As for of humanitarian aid organizations, “one of the largest unregulated “derogate” the rights under this law other than to the International the UN Charter (the law of nations) having superior status over industries in the world”,in the words of Margie Buchanan-Smith? Committee of the Red Cross (ICRC), which has a specific right humanitarian law (the law of armed conflict), the two laws The toughest single question, notes Dubuet, is whether NGOs to provide humanitarian assistance to civilians during armed actually co-existed for years before the 1999 Kosovo intervention should develop a procedure for reporting war crimes. Can conflict. Koenraad Van Brabant argues that sovereignty is ultimately provided a test. The superiority of the law of nations has never individuals take on that role? Should States assure accountability vested in the people and not in the government of the day. In been formally and legally established. The real question is, which of third States? Just who should be held accountable? actual fact, when States fail to uphold the standards, as occurred court of law will in fact determine that the intervention was not Akeel Bilgrami’s discussion of accountability is a good in the early 1990s, public outrage forced them to return to their lawful? Similarly, Joanna Macrae’s assertion that the use of the starting-point for the inquiry. “What is basic to freedom is responsibilities. Humanitarian field workers and the media humanitarian label in Kosovo “served only as a thin veil behind responsibility and what is basic to responsibility are justifiable provided the data that fuelled the outrage. So humanitarian law which to hide wider strategic interests” is a political judgment moral responses,” he writes. This statement of individual is no longer an affair solely of governments. Indeed governments, that has yet to be borne out. The United States, as leader of NATO, 80-87_conclusion.qxd 26/3/02 3:16 pm Page 86 a,adpoal ohn il hr foccasional intervention. of short and probably nothing will, has, nothing massive crimes; alone has not deterred planning for future, tribunals intereststrategic at work? The fact is that the creation of So where is the to in Macedonia. halt the violence the effort it let others lead currently seeks to from withdraw the Balkans; re follow-up, and establishing the mechanisms for monitoring, a normative within to framework operating define the action, that exercising one’s entails taking action, responsibility evil? the face of do what can an individual in after the Second World is, War, to when Western States come finally, and, stand by and do not act; when Western States second, against non-combatants; crimes organized forces space the humanitarian by shrink means of first is when military The be concerned and become active. very instances to where organizations have humanitarian right every there are three Thus, leaders tolerated and even encouraged. local politicians whose actions Western early 1990s was the work of that space in the of The shrinkage space. action on humanitarian humanitarian and of accountability on political accountability, humanitarian scheme? Perrin Pierre points out the dependence of aid do Where act? How should the humanitarians C onclusion uaigadsntoigtoewofl hr fthe standards. of gulating and sanctioning those who fall short

h eceo those committing crimes. the rescue of Pe posed by Camus Albert the 20th century, The question of rrin a dDbe ugs aallases Perrin says answers. nd Dubuet suggest parallel organizations or representatives fit into this new okrsgr worker’s aid a humanitarian question, encouraged to ask the right If there are journalists. There are political visitors, the battlefield. after the crime the event.” and legal documentation of geared towards immediate prevention than condemnation rather taken actions by organizations should be humanitarian speaking, wi human rights organizations or to organizations human rights Hecan no longer be dogma”. suggests passing on information to Yet “silence the organizations in field. presence and work of action taken regard with can jeopardize to the crime the security, He cautions that public wisely be stopped”. that the violations na competent to witness that they but must any report violations serious in general, organizations should not be promoting or defending human rights terror is always in content. criminal act of The into doing so. have but because they been terrorized and possessions lightly, do people not flee their homes understanding what is going on: co armed the law of of the war and focus on violations of origins answer The the is to dispense with unjust war by legal means. A State may a just war by illegal means or an be fighting war. of injunction can be difficult to determinebut serious in the heat hu become the situations in which they involved”, so that nature of fit Understanding conduct in conflict for is vital nflict. t manitarian law can be invoked to protect civilians. That simple That lawmanitarian can be invoked to protect civilians. esst rms The first obligation is to establish the “legal nesses to crimes. In a In In actual actual In Should one denounceDubuet says crimes? that humanitarian dto,aid personnel are never completely alone on ddition, eatest contribution will be simply toeatest steer will contribution the others at sDbe oe,hmntra tf may be staff humanitarian as Dubuet notes, fact, tional or international authorities and tional or international authorities “demand

Nmcaim;bt “broadly but, UN mechanisms; as opposed to making peace. ex uigta eid ntenm f“rteho n nt” all “brotherhood and unity”, in the name of that period; during been no accountability for the inter-ethnic committed outrages In post-Second World thereWar had is a false peace. Yugoslavia, justice peace without as Jakob Finci argues eloquently, Ultimately, accountability No peace without Co caution is well-advised. one’s job, out not be seen as a political actor but as a professional carrying the concern to return to is the ability a location and If answer. face Reporters The ICRCbefore a tribunal? against so doing. has decided firmly who are ready to take risks. sometimes callow freelancers” young, a but increasingly “proliferation of reporters, staff to horrors to – oftenjournalists bear witness well-established to ayo rnigcagsaantaha fState, charges against a head of bringing of wary w he never “made any secret deals the EU Balkan representative, gr workers gl Divi Airborne ith the parties”. However, the British Government the British was very However, ith the parties”. are of publicity will prevent will negotiators relief publicity and humanitarian are of

s iltoso uaiainlw He states that while he was law. humanitarian of oss violations pressed doubt about the goal of bringing Milosevic to trial to trial Milosevic bringing pressed doubt about the goal of c swtess Nik notes Gowing a growing readiness of act as witnesses. nv fcus,governments have an obligation to see that the course, Of member testify Oxfam or UNHCR staff Should an ICRC, entions are upheld, and it is not necessary to send in the 82nd and it is not necessary entions are upheld, alike from becoming complicit those committing with

ineeytm.David Owen points out that the time. sion every this question too, and there is no single satisfactory and there is no single this question too, 2 and publicly 2B re discussion and accountability were actively suppressed by the Oeo t of “One co politicians and unscrupulous acknowledged or punished, crimes to never there accountability. be peace will without any conflict: re in Bosnia-Herzegovina war crimes and the accusedindividual of to way the that He advises Finci. writes sweep it under the carpet”, co proper role is in helping to break that cycle. must think long and hard crime about what their who witness co te rr st of the former the former Yugoslavia”. point can be made for almost The st of gi

ad tlrbeftr”is “to to justicewards bring each a and every “tolerable future” jrn ptegot fteps,there was a return engagement. the past, of up the ghosts njuring the immunity of a head State. by the United Kingdom in Security Council March 1993 which said it may be undesirable to revoke mnt ceeae h rcs;adciebgt rm.Those begets crime. and crime acceleratesmmunity the process; fit sprasti alr ocaiyteps,this attempt to this failurenflict] is perhaps to the past, clarify which each new humanitarian aid worker can relate. Crime and Crime which each aid worker new humanitarian can relate. ednSms in rendan Simms, rpouehmntra iatr tolerance by the world or produce disaster; humanitarian eo oi rzTt.Fryfv er ae,wt e fthe few of with Forty-five years later, Josip Broz Tito. me of hsi h ogtr iino ec,built on experience, peace, of This is the long-term vision he reasons for the atrocities committed [in the Bosnia Unfinest Hour ,A llen Lane, The Penquin Press, quotes from the non-paper circulated circulated quotes from the non-paper The Penquin Press, llen Lane,

conclusion 86 – 87 80-87_conclusion.qxd 26/3/02 3:16 pm Page 86 a,adpoal ohn il hr foccasional intervention. of short and probably nothing will, has, nothing massive crimes; alone has not deterred planning for future, tribunals intereststrategic at work? The fact is that the creation of So where is the to in Macedonia. halt the violence the effort it let others lead currently seeks to from withdraw the Balkans; re follow-up, and establishing the mechanisms for monitoring, a normative within to framework operating define the action, that exercising one’s entails taking action, responsibility evil? the face of do what can an individual in after the Second World is, War, to when Western States come finally, and, stand by and do not act; when Western States second, against non-combatants; crimes organized forces space the humanitarian by shrink means of first is when military The be concerned and become active. very instances to where organizations have humanitarian right every there are three Thus, leaders tolerated and even encouraged. local politicians whose actions Western early 1990s was the work of that space in the of The shrinkage space. action on humanitarian humanitarian and of accountability on political accountability, humanitarian scheme? Perrin Pierre points out the dependence of aid do Where act? How should the humanitarians C onclusion uaigadsntoigtoewofl hr fthe standards. of gulating and sanctioning those who fall short

conclusion 86 – 87