An important aspect of protection is the immunity of witnesses from testimony, which means that the ICRC and its staff are exempted from testifying or testifying in judicial proceedings. If we were to testify in court in favour of one side or the other, we would almost certainly be perceived as neither neutral nor independent in this dispute. The ICRC`s status under international law is recognized in its relations with the United Nations, where it enjoys observer status by consensus, in accordance with General Assembly resolution 45/6 of 16 October 1990. In addition, the ICRC delegation in New York meets monthly with the President of the Security Council, and the President of the ICRC meets annually with the entire Security Council. To give another legal example, contact with non-state armed groups is illegal in some countries. ICRC staff often need to interview non-State armed groups, whether to facilitate humanitarian access or to ensure compliance with international humanitarian law. Because of its unique mandate, the ICRC enjoys special privileges and immunities under international and national law. But why exactly does the ICRC need it? Knut Dörmann, the ICRC`s chief legal officer, explains. the ICRC is a unique entity and institution with international legal personality and special status in international law; IHL and other legal systems complement each other in armed conflict. The ICRC`s status under international law is implicit in the ICC`s Rules of Procedure and Evidence, which make recognition of the ICRC`s exemption conditional on compliance with its international mandates under international humanitarian law. We currently have privileges and immunities in 106 states. In the vast majority of cases, these are granted by status agreements.

For example, the ICRC enjoys privileges and immunities in Belgium, France, Switzerland and soon Ireland. The same goes for Australia, Russia, South Korea, South Africa and the United States. In short, a status agreement allows us to work without compromising our fundamental principles or our confidential way of working. Do you need legal status in countries that are not affected by conflict? Many States treat the ICRC as intergovernmental organizations such as UNHCR. The ICRC maintains diplomatic relations with States and international organizations, treating them at a level of coordination rather than subordination. In 1993, for example, the ICRC and Switzerland signed a status agreement in which the Federal Council recognises the ICRC`s «international legal personality and legal capacity». Since October 2001, the ICRC has had such headquarters agreements, which recognize its diplomatic privileges and immunities in more than 60 States.3 An agreement on status, and thus immunity from jurisdiction, means that ICRC staff can continue their work with the ultimate goal of helping all those affected by conflict and violence without fear of prosecution. The ICRC, its assets and assets, wherever they are located and by whom they are held, enjoy immunity from all forms of judicial and administrative proceedings, unless the ICRC has expressly waived its immunity in a particular case. Where does the ICRC have a status agreement? Gabor Rona, the ICRC`s legal adviser, examines the uniqueness of the ICRC`s international legal status, the three specific sources of international law for the protection of ICRC testimonies, and examines the reasons for the ICRC`s policy on testimony and related issues. States have mandated the ICRC to assist and protect victims of armed conflict. Its status as a subject of international law is recognized.

From this status, the ICRC derives the possibility of affirming the need for immunity from testimony. The success of this claim reflects the agreement between States and international tribunals that the international community could not intend to entrust its mandate to the ICRC without also giving it the necessary tools to do so. No other organization, whether non-governmental, such as Médecins Sans Frontières (MSF), or intergovernmental, such as UNHCR, has been granted this privilege. The exceptional treatment accorded to the ICRC reflects the appreciation of States for its unique status and role in the world. Rule 73 of the ICC Rules of Procedure and Evidence is a cornerstone of ICRC immunity for the future of immunity from testimony. This summary of the foundations of the ICRC`s international legal personality provides the context in which the more specific sources of the ICRC`s privilege can be examined.