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Guidelines on the Use of Foreign Military and Civil Defence Assets

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Guidelines on the Use of Foreign Military and Civil Defence Assets
TitleGuidelines on the Use of Foreign Military and Civil Defence Assets
Established2007
JurisdictionInternational
Issuing bodyUnited Nations Office for the Coordination of Humanitarian Affairs
Related documentsOslo Guidelines, Sphere Handbook, Geneva Conventions

Guidelines on the Use of Foreign Military and Civil Defence Assets

The Guidelines on the Use of Foreign Military and Civil Defence Assets provide operational guidance for the deployment of United Nations-coordinated armed forces and civil defence resources to support humanitarian response after disasters, complex emergencies, and humanitarian crises, balancing effectiveness with humanitarian principles and legal obligations. These Guidelines coordinate actions among United Nations Office for the Coordination of Humanitarian Affairs, International Committee of the Red Cross, European Union, North Atlantic Treaty Organization, and regional organizations such as the African Union, Association of Southeast Asian Nations, and Organization of American States. They intersect with instruments including the Geneva Conventions, the Vienna Convention on the Law of Treaties, the Montreal Convention, and norms promoted by entities like the International Court of Justice, International Criminal Court, World Health Organization, and Office of the United Nations High Commissioner for Refugees.

Introduction and Scope

The Guidelines define when and how foreign military and civil defence assets may be used to support humanitarian operations, clarifying applicability across states, international organizations, and non-state actors such as International Committee of the Red Cross and Médecins Sans Frontières. They delimit scope relative to instruments like the Oslo Guidelines, the Sphere Project, the Sendai Framework for Disaster Risk Reduction, and mandates from the United Nations Security Council and United Nations General Assembly. The text addresses natural disasters affecting states like Haiti, Philippines, and Pakistan, as well as complex emergencies in contexts such as Syria, South Sudan, and Somalia.

The Guidelines are grounded in international humanitarian law as articulated in the Geneva Conventions, Additional Protocol I to the Geneva Conventions, and customary law adjudicated by the International Court of Justice, with relevance to human rights instruments like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. They reference state consent doctrines exemplified in cases before the International Court of Justice and treaties such as the North Atlantic Treaty and accords negotiated under the United Nations Charter. Compliance obligations involve actors including the United Nations Department of Peace Operations, the International Maritime Organization, and the International Civil Aviation Organization when air and sea assets are mobilized, and intersect with accountability mechanisms like the International Criminal Court and domestic courts such as the European Court of Human Rights.

Activation, Requesting and Offer Procedures

Activation procedures emphasize state consent and humanitarian coordination through channels like United Nations Office for the Coordination of Humanitarian Affairs and sector clusters involving World Health Organization, United Nations Children's Fund, and Food and Agriculture Organization. Requests follow precedents from emergency responses to events such as the 2004 Indian Ocean earthquake and tsunami, the 2010 Haiti earthquake, and Typhoon Haiyan (Yolanda), requiring liaison with regional bodies like the African Union and European Union and military coordination centers such as the NATO Allied Command Operations and UNMEER. Offers from actors like United States Department of Defense, Russian Armed Forces, People's Liberation Army, or regional civil defence forces are channeled through diplomatic missions and coordination mechanisms including the Office for the Coordination of Humanitarian Affairs and liaison offices of organizations like International Federation of Red Cross and Red Crescent Societies.

Roles, Responsibilities and Command Relationships

The Guidelines delineate roles among affected states, requesting states, contributing states, and organizations including United Nations agencies, International Committee of the Red Cross, and non-governmental organizations such as Oxfam International, Save the Children, and Médecins Sans Frontières. Command relationships distinguish civilian coordination by entities like the United Nations Office for the Coordination of Humanitarian Affairs from military command structures such as those of NATO, African Union Mission in Somalia, or national headquarters like the U.S. Northern Command, ensuring respect for humanitarian principles championed by actors including ICRC and Red Cross Red Crescent Movement. Memoranda of Understanding and Status of Forces Agreements with hosts and contributors reference practice from Kosovo Force, United Nations Interim Force in Lebanon, and other international deployments.

Operational Integration and Interoperability

Operational integration requires interoperability across communications, logistics, medical support, and transport assets drawn from contributors such as the United States Marine Corps, Royal Air Force, French Armed Forces, German Bundeswehr, and civilian providers like World Food Programme and United Nations High Commissioner for Refugees. Technical standards reference equipment types used by European Civil Protection Mechanism, International Search and Rescue Advisory Group, and naval assets exemplified by operations during the Mediterranean migrant crisis and Operation Unified Response. Interoperability includes data-sharing practices with entities like International Telecommunication Union, coordination with airports managed under International Civil Aviation Organization standards, and port operations in line with International Maritime Organization conventions.

Safety, Risk Management and Humanitarian Principles

Safety protocols integrate risk assessments used in responses to Ebola virus epidemic in West Africa (2014–2016), Hurricane Katrina, and the 2011 Tōhoku earthquake and tsunami, emphasizing protection of civilians, medical neutrality affirmed in the Geneva Conventions, and impartiality endorsed by United Nations humanitarian policy. Measures address mine action coordination with United Nations Mine Action Service and protection concerns raised in conflicts such as Iraq War and Yemen Civil War, with oversight by human rights bodies including the Human Rights Council and reporting to the International Criminal Court where applicable. Training and certification draw on curricula used by Royal United Services Institute, Stockholm International Peace Research Institute, and academic centers such as Johns Hopkins Bloomberg School of Public Health and Harvard Humanitarian Initiative.

Funding, Liability and Administrative Arrangements

Funding models reference pooled mechanisms like the United Nations Central Emergency Response Fund, bilateral assistance from states such as United States, United Kingdom, and Japan, and contributions routed through organizations like the World Bank and Asian Development Bank. Liability and claims procedures consider precedents from Status of Forces Agreements, international litigation before the International Court of Justice, and domestic compensation schemes invoked in operations such as Oil-for-Food Programme controversies. Administrative arrangements include logistics contracting practices familiar to United Nations Procurement Division, insurance standards influenced by the International Association of Insurance Supervisors, and audit practices used by the United Nations Office of Internal Oversight Services.

Category:Humanitarian aid