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How law protects persons with disabilities in armed conflict

INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC)
December 2017

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This paper identifies commonalities between international humanitarian law (IHL) and the Convention on the Rights of Persons with Disabilities (CRPD) and emphasizes certain specific contributions of IHL to the protection of persons with disabilities in armed conflict.

It is hoped that this legal analysis will contribute to current efforts by the ICRC and the International Red Cross and Red Crescent Movement, as well as other actors, to operationalise better inclusion and participation of persons with disabilities in carrying out humanitarian activities in armed conflict

International humanitarian law and persons with disabilities

ICRC
October 2017

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"International humanitarian law (IHL) is a set of rules that, in times of armed conflict, seeks – for humanitarian reasons – to protect persons who are not, or are no longer directly participating in hostilities, and to restrict means and methods of warfare. IHL requires parties to armed conflicts to afford special respect and protection to persons with disabilities and helps ensure their inclusion. A number of weapons-related treaties aims to prevent certain disabilities from occurring by prohibiting the use of particular weapons and reducing the dangers they pose. They also seek to ensure that victims receive appropriate assistance.

In addition to IHL, international human rights law (IHRL) – particularly the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol – contains important protections. For example, the CRPD recognizes States Parties’ obligations under, inter alia, IHL and IHRL and obliges States Parties to ensure the protection and safety of persons with disabilities during armed conflict (Art. 11)"

International Humanitarian Law (IHL) and Persons with Disabilities

INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC)
October 2017

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"International humanitarian law (IHL) is a set of rules that, in times of armed conflict, seeks – for humanitarian reasons – to protect persons who are not, or are no longer directly participating in hostilities, and to restrict means and methods of warfare. IHL requires parties to armed conflicts to afford special respect and protection to persons with disabilities and helps ensure their inclusion. A number of weapons-related treaties aims to prevent certain disabilities from occurring by prohibiting the use of particular weapons and reducing the dangers they pose. They also seek to ensure that victims receive appropriate assistance"

The Convention on Cluster Munitions: A treaty to end decades of civilian suffering

INTERNATIONAL COMMITTEE OF THE RED CROSS
October 2017

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In May 2008, more than 100 States adopted the Convention on Cluster Munitions, which prohibits the use, development, production, stockpiling and transfer of such munitions. It also requires States Parties to destroy their stockpiles, clear remnants, and assist victims.

This brochure provides an overview of the cluster munitions problem, the main provisions of the Convention and the steps required to meet its commitments.

International humanitarian law and persons with disabilities

INTERNATIONAL COMMITTEE OF THE RED CROSS
July 2017

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International humanitarian law (IHL) is a set of rules that, in times of armed conflict, seeks – for humanitarian reasons – to protect persons who are not, or are no longer directly participating in hostilities, and to restrict means and methods of warfare. IHL requires parties to armed conflicts to afford special respect and protection to persons with disabilities and helps ensure their inclusion. A number of weapons-related treaties aims to prevent certain disabilities from occurring by prohibiting the use of particular weapons and reducing the dangers they pose. They also seek to ensure that victims receive appropriate assistance.


In addition to IHL, international human rights law (IHRL) – particularly the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol – contains important protections. For example, the CRPD recognizes States Parties' obligations under, inter alia, IHL and IHRL and obliges States Parties to ensure the protection and safety of persons with disabilities during armed conflict (Art. 11).

Special appeal 2016 : Disability and mine action 2016

ICRC
November 2016

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This Special Appeal covers the funding requirements for physical rehabilitation activities for all persons with disabilities – among them, victims of armed conflict, other situations of violence and mines/ERW – as well as for initiatives related to mine action. It also summarizes the ICRC’s wider approach to addressing the needs of persons with disabilities, including its other efforts to facilitate the social and economic aspects of inclusion. The work of the Physical Rehabilitation Programme (PRP) and the Special Fund for the Disabled (SFD) is outlined. Topics associated with reducing the impact of weapon contamination and with promoting legal frameworks and government are discussed. 

Guiding principles for the domestic implementation of a comprehensive system of protection for children associated with armed forces or armed groups

INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC)
September 2011

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"These Guiding Principles are intended to serve the purpose of promoting and spreading knowledge of international humanitarian law and, in particular, of implementing the provisions protecting children affected by armed conflicts, especially children associated or previously associated with armed forces or armed groups. The Guiding Principles suggest a number of practical, regulatory and legal measures as means to encourage States to improve such protection. They are based mainly on binding international rules (taking into account the specific obligations of all relevant treaties and of customary law). They also refer to widely accepted instruments of a non-binding character ("soft law"). A checklist of the main obligations regarding children associated with armed forces and armed groups is provided in Annex IV"

Appeal on victim assistance to States participating in the Cartagena summit on a mine free world

INTERNATIONAL COMMITEE OF THE RED CROSS
December 2009

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This is an appeal made during the Cartagena Summit for the world to support and act towards a Mine-Free world. About a hundred States participants at the meeting signed the Cartagena declaration for an end of anti-personnel mines, cluster munitions and other explosive remnants of war and assistance to be provided to victims. The appeal calls for an universal adherence to the Convention for a mine-free world. This summit was organized by the ICRC together with the Norwegian Red Cross in Oslo
"Second review conference of the States parties to the convention on the use, stockpiling, production and transfer of anti-personnel mines and on their destruction"
Cartagena de Indias, Colombia
30 November - 4 December 2009

Professional standards for protection work : carried out by humanitarian and human rights actors in armed conflict and other situations of violence

FUNK, Michelle
et al
2009

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"This resource outlines professional standards for protection work for humanitarian and human rights actors in armed conflict and other situations of violence. It was compiled through an extensive consultative process and reflects shared thinking and common agreement among humanitarian and human rights actors on minimum but essential elements, as well as principles and good practice required to ensure that their protection work is as safe and effective as possible"

Inter-agency guiding principles on unaccompanied and separated children

INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC)
et al
January 2004

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This publication outlines the guiding principles which form the basis for action when children are unaccompanied, become separated from their families or other adults who they know, or are orphaned in disaster situations, armed conflicts or other crises. The guiding principles are intended primarily for national, international and non-governmental organizations and other associations concerned with separated children. They are also designed to assist governments and donors in meeting their obligations and taking funding decisions

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