Memorandum from the British Red Cross
SUMMARY
(i) The British Red Cross
Society welcomes the opportunity to contribute to the above inquiry.
We have a particular interest in one of the areas being addressed,
namely:
"Medical support for operations, including
the treatment of injured personnel—from immediate treatment
in the theatre of operations to after-care in the UK—and
the facilities provided for them."
(ii) Our special interest
stems from the legal and historical basis of our Society, as an
officially recognised voluntary aid society, auxiliary to the
Medical Services of the British Armed Forces.
(iii) British Defence Military
Services (and its predecessors) have not required British Red
Cross auxiliary personnel to serve with British Forces medical
units overseas for perhaps half a century. However, the British
Red Cross has always retained a role in plans for the reception
of wounded and sick British Service personnel returning to the
United Kingdom from the theatre of operations. Moreover, our legal
commitment—as set out in our Royal Charter of Incorporation
and in the 1949 Geneva Conventions for the Protection of War Victims,
remains in force.
(iv) We note that circumstances
for Defence Medical Services have changed in recent years, and
that there may now be a need for increased auxiliary support,
both within the UK and overseas. The British Red Cross, being
mindful of its recognition as an auxiliary (in effect) to Defence
Medical Services, and of related legal and statutory commitments,
is willing to consider reinvigorating and developing its support
role to Defence Medical Services, both within the UK and internationally.
BACKGROUND ON
THE BRITISH
RED CROSS
1. The British Red Cross helps
people in crisis, whoever and wherever they are. We are part of
a global network that responds to conflicts, natural disasters
and individual emergencies. We enable vulnerable people in the
UK and abroad to prepare for and withstand emergencies in their
own communities, and when the crisis is over we help them to recover
and move on with their lives.
2. The British Red Cross is
part of the International Red Cross and Red Crescent Movement,
which comprises:
2.1. The International Committee of
the Red Cross;
2.2. The International Federation
of Red Cross and Red Crescent Societies; and
2.3. 186 National Red Cross and Red
Crescent Societies world-wide.
3. As a member of the Red
Cross and Red Crescent Movement, the British Red Cross is committed
to, and bound by, its Fundamental Principles. These are: humanity,
impartiality, neutrality, independence, voluntary service, unity
and universality.
RESPONSE OF
THE BRITISH
RED CROSS
TO THE
INQUIRY
Long-standing auxiliary commitment to British
armed forces' medical services
4. The British Red Cross Society
(BRCS) was founded in 1870. Its original role was as an auxiliary
to the medical services of the British armed forces and this commitment
has never ceased. The British Red Cross is one of the three officially
recognised and authorised British Voluntary Aid Societies, as
that term is understood under the 1949 Geneva Conventions for
the Protection of War Victims. Unlike the other British Voluntary
Aid Societies, the British Red Cross' role as a humanitarian auxiliary
applies in peacetime, as well as during armed conflict, and applies
to the British public authorities in general ie not simply to
British Defence Medical Services (DMS).
5. During the first some 80
years of its existence, the British Red Cross had an active role
as an auxiliary to the medical services of the British armed forces.
This gradually decreased following the Korean War in the early
1950s when there was less need for the British Red Cross's direct
support to UK military medical services. However, the British
Red Cross has never lost its connection to the medical services
of British Forces. Together with the other Voluntary Aid Societies,
it had a role in civil defence plans during the Cold War. In addition,
during the 1980s and the 1990s, the British Red Cross and the
other Voluntary Aid Societies were part of plans to evacuate,
and subsequently rehabilitate, casualties arising from a conflict
in Northwest Europe to the UK and engaged in extensive joint planning
and training to support that contribution. Although circumstances
have changed in more recent years, the British Red Cross retains
a role in reception arrangements for military casualties into
the UK.
6. Following both World Wars,
the British Red Cross provided financial and other support to
ex-Service personnel disabled in those conflicts, largely through
the Joint Committee of the Order of St. John and the British Red
Cross Society (presently in the process of being dissolved). The
Joint Committee had a Service Hospitals Welfare Department which
stationed Welfare Officers at Service hospitals within the UK
and overseas, and on deployment to mobilised field hospitals.
This work is continued by the St. John and Red Cross Defence Medical
Welfare Service, with which the British Red Cross continues to
have a link.
Royal Charter of Incorporation
7. The BRCS' Royal Charter
of Incorporation sets out the government's official recognition
of the British Red Cross, both as a voluntary aid society, auxiliary
to the public authorities, and as the only National Red Cross
Society of the United Kingdom (this includes all territories under
British jurisdiction overseas). The relevant provision makes express
reference to the British Red Cross's role in support of (in effect)
DMS:
"The Society is recognised by Our Ministers
as a voluntary aid society, auxiliary to the public authorities
and particularly to the medical services of the armed forces in
accordance with the Geneva Conventions for the Protection of War
Victims of 12 August 1949 (as amended from time to time), ...
.".
8. These two officially recognised
roles—as an auxiliary, and as a National Society—imply
certain obligations on the part of the BRCS. These obligations
include the following:
(a) to be prepared to carry out the
special tasks of a voluntary aid society, auxiliary to the medical
services of the United Kingdom's armed forces;
(b) to carry out the special tasks
of a National Red Cross Society;
(c) to co-operate with and support
the public authorities as far as possible in the humanitarian
field; and
(d) to consider any reasonable request
for assistance from the government, including the armed forces,
and to respond as helpfully as possible.
Relationship between the British authorities and
the British Red Cross
9. By virtue of such recognised
roles, the UK government, and DMS, have the right to call upon
the British Red Cross for assistance in the humanitarian field
and to expect as positive a response as possible. At the same
time, under the Statutes of the International Red Cross and Red
Crescent Movement (explained below), the UK is committed to co-operating
with the British Red Cross as its National Society, and to supporting
its work.
International responsibilities
10. The British Red Cross
has legal or statutory obligations arising from international
instruments, in addition to those resulting from its own Royal
Charter and national law. These special sources of obligations
include: the 1949 Geneva Conventions for the Protection of War
Victims and their 1977 Additional Protocols; the 1986 Statutes
of the Movement, and resolutions of International Conferences
of the Red Cross and Red Crescent.[23]
Tasks during armed conflict
11. The Geneva Conventions
and their Additional Protocols give a National Society such as
the British Red Cross, a number of humanitarian tasks related
to armed conflicts. Those of direct relevance to the Inquiry include
the following. The British Red Cross may act as an auxiliary to
the medical services of its country's armed forces on land (Geneva
Convention I, Article 26) and at sea (Geneva Convention II, Article
24). British Red Cross personnel carrying out this role would
be employed on the same duties as regular DMS personnel. This
could include the search for, or the collection, transport or
treatment of the wounded and sick of the armed forces, the prevention
of disease in the forces, and the administration of Service medical
units and establishments. The British Red Cross staff would enjoy
the same protection as DMS personnel under the Geneva Conventions.
They should be respected, cannot be attacked and have a special
status should they be captured. They are, as a consequence, subject
to military laws and regulations.
12. Although not directly
relevant to the auxiliary role in support of DMS, it may be worth
noting that the British Red Cross, as a National Society, may
also provide relief to prisoners of war (Geneva Convention III,
Article 125) and to civilian internees (Geneva Convention IV,
Article 142). It has the right to assist civilians in its own
country during armed conflict (Geneva Convention IV, Article 30).
The British Red Cross also has a role in transmitting family messages
and tracing missing persons, which continues in peacetime (Geneva
Convention IV, Article 25, and 1977 Additional Protocol I to the
1949 Geneva Conventions, Article 33).
Requirement to be prepared to carry out these
functions
13. Some of these treaty provisions
are permissive in character ie the British Red Cross may or has
the right to undertake a specified action. However, the Society
would be failing to abide by the conditions for its recognition
if it did not actively seek to be prepared to carry out these
special tasks (eg Statutes of the Movement, Article 4(6)); it
would be failing in its role as the only National Society of its
country (ibid., Article 4(2)).
Training role in the Law of Armed Conflict
14. The British Red Cross
also has a special role in disseminating knowledge of international
humanitarian law (also called the Law of Armed Conflict), both
on its own initiative and in co-operation with the government
and armed forces (Statutes of the Movement, Article 3(2); Royal
Charter, Articles 5.2 and 5.3). The BRCS is already starting to
offer training on Joint Medical Officers Planning Courses, and
we would be very interested to establish this on a regular basis.
We would also be willing to explore the possibility of offering
training—perhaps in conjunction with the International Committee
of the Red Cross (ICRC)—to DMS in detainee/prisoner of war
handling.
Challenges of capacity and perception
15. The British Red Cross
would face certain challenges in reinvigorating its auxiliary
role to DMS. It may need to recruit personnel specifically for
that role, and individuals working for the NHS may have difficulty
getting released for such service. We would need to develop joint
training and planning with DMS; there would likely be a requirement
to obtain equipment and uniforms. In addition to challenges of
capacity, the Society may need to explain the neutrality of the
medical function and of the auxiliary role. It is a basic tenet
of the Law of Armed Conflict, as established by the original Geneva
Convention of 1864, that providing help to wounded combatants
during an armed conflict is a neutral humanitarian act, regardless
of whether it is carried out by the military medical services
or by Red Cross workers.
Willingness to discuss a standing relationship
with Defence Medical Services
16. Nevertheless, the British
Red Cross in furtherance of its commitments and being aware of
constraints on Defence Medical Services, is willing to consider
developing its role as an auxiliary to DMS, both within the UK
and overseas. The Surgeon General kindly approached us in February
of this year to discuss the matter. We gave him an affirmative
indication of our interest then, which we are happy to affirm
in connection with the Defence Select Committee's Inquiry.
25 June 2007
23 The last two named- the Statutes and International
Conference resolutions, were adopted by representatives of all
States party to the 1949 Geneva Conventions, including the UK,
as well as by all Red Cross and Red Crescent organisations. Back
| 
