Bruder Le in
Bruder Le in
Bruder Le in
Claude Bruderlein*
Pierre Gassmann**
Introduction
Over the last decade, the United Nations (U.N.) has taken a central role
in the international communitys response to the consequences of disasters
and armed conicts. Increasingly, international strategies to cope with insta-
bility and armed conicts rely on the deployment of the staff of U.N. agen-
cies in the midst of armed hostilities to provide urgently needed humanitar-
ian assistance to threatened populations. Furthermore, reconstruction and
development activities traditionally undertaken in peaceful environments have
also become an integral part of stabilization efforts in situations that are far
from secure.
These frontline activities are not without costs in terms of personnel safety
and security.1 It is estimated that, over the last decade, more than 500 humani-
tarian and development personnel from the U.N. and other international agen-
cies have lost their lives in the course of these operations (138 in the last two
years alone).2 Many more have been injured or have suffered from exposure
3. HPCR estimates that, assuming there is a constant number of humanitarian staff deployed to the
eld, there will be 400 national and international staff casualties in the next ve years. This projection is
based on U.N. baseline data and on Dennis Kings data. Cate Buchanan & Robert Muggah, No
Relief: Surveying the Effects of Gun Violence on Humanitarian and Development Per-
sonnel 75 (Ctr. for Humanitarian Dialogue 2005) available at http://www.reliefweb.int/library/documents/
2005/hdc-gen-21jun.pdf; see King, supra note 2.
4. International agencies are understood here as those organizations involved in international efforts to
provide assistance (developmental, humanitarian, technical, or political) to governments, civil societies,
and populations affected by an armed conict. These include U.N. and non-U.N. agencies, the Interna-
tional Committee of the Red Cross [hereinafter ICRC], non-governmental organizations [hereinafter
NGOs], and charitable groups and foundations that operate internationally and engage actively in
conict environments. Although these organizations may function under specic and divergent man-
dates, their staff and activities often face similar security challenges. The agencies addressed here do not
include peacekeeping, peace enforcement, or other military-type operators.
5. See Afghanistan: MSF Pulls Out of Country, International Regional Information Networks, July
28, 2004, http://www.irinnews.org/report.asp?ReportID=42408&SelectRegion=Central_Asia&Select
Country=AFGHANISTAN (reporting Mdecins Sans Frontires (MSF) decision to withdraw from
Afghanistan after twenty-four years of operational presencea period including two major civil wars, the
Soviet occupation, and the Taliban-led governmentciting lack of security for its staff); Red Cross to Cut
Iraq Staff, BBC News, Oct. 29, 2003, http://news.bbc.co.uk/1/hi/world/middle_east/3224723.stm
(announcing that the ICRC would reduce its staff in Iraq in response to the bombing of its Baghdad
headquarters).
6. See U.N. Charter pmbl.
2006 / Securing United Nations Access to Vulnerable Groups 65
7. See, e.g., The Secretary-General, Prevention of Armed Conict, delivered to the Security Council and the
General Assembly, U.N. Doc. S/2001/574, A/55/985 (June 7, 2001) (reviewing the U.N.s role in conict
prevention and peace-building); see also G.A. Res. 60/L.1, 7378, 97105, U.N. Doc. A/60/L.1 (Sept.
20, 2005) (describing the new mandate of the peace-building commission and various aspects of the
U.N.s conict prevention and peace-building strategies, including developmental assistance, human
rights protection, humanitarian relief, and gender equality and political reforms).
66 Harvard Human Rights Journal / Vol. 19
8. See generally Program on Humanitarian Poly and Conict Res. at Harv. U., Security
Management Initiative: Progress Report 2 (2005), http://www.hpcr.org/pdfs/SMI_Progress_Report_-
_March_2005.pdf [hereinafter SMI Progress Report] (describing the SMI project).
9. See Meinrad Studer, The ICRC and Civil-Military Relations in Armed Conict, 83 Intl Rev. Red
Cross 367, 36791 (2001) (addressing complaints about increasingly blurred mandates); Jonas Gahr
Stre, Secy Gen., Norwegian Red Cross, The Role of a Humanitarian Organization in an International
Security OperationA Basis for Cooperation or Basis for Separation? (Feb. 2, 2004), http://www.redcross.
no/le.asp?File=Bilder/PDF/ForedragAtlanterhavskomiteen020204.doc (discussing the need to create a
humanitarian space within mixed-mandate contexts).
10. See ReliefWeb, Haiti: U.N. Food and Agriculture Organization (FAO) Humanitarian Assistance
Project for Agricultural Producers in the Gonaves Region (May 27, 2005), http://www.reliefweb.int/
rw/RWB.NSF/db900SID/ACIO-6CSQVW?OpenDocument.
2006 / Securing United Nations Access to Vulnerable Groups 67
11. See United Nations Development Programme, Brieng Notes on Post-Conict Iraq: A UNDP Hu-
manitarian Action Plan (Mar. 28, 2003), http://www.undp.org/dpa/journalists/Iraqashpreser28March.pdf.
12. See S.C. Res. 1483, 8, U.N. Doc. S/RES/1483 (May 22, 2003).
13. See U.N. SCOR, 58th Sess., 4791st plen. mtg. at 5, U.N. Doc. S/PV.4791 (July 22, 2003) (The
United Nations presence in Iraq remains vulnerable to any who would seek to target our Organization
. . . . Our security continues to rely signicantly on the reputation of the United Nations, our ability to
demonstrate, meaningfully, that we are in Iraq to assist its people, and our independence. This state-
ment was recorded a month before the bombing of the U.N. headquarters in Baghdad that killed Vieira
de Mello and twenty-one other staff.).
14. See Indep. Panel on the Safety and Security of the United Nations Personnel in
Iraq, Report of the Independent Panel on the Safety and Security of U.N. Personnel in
Iraq 3 (2003), http://www.un.org/News/dh/iraq/safety-security-un-personnel-iraq.pdf [hereinafter Inde-
pendent Panel Report] (stating that [t]he observance and implementation of security regulations
and procedures were sloppy and non-compliance with security rules commonplace); Oliver North, Bagh-
dad Blues, Wash. Times, Aug. 23, 2003, http://www.washtimes.com/commentary/20030823-112746-
6114r.htm (quoting U.N. spokesman Salim Lome as saying, we didnt expect to have to worry so much
[after all], we are humanitarians).
68 Harvard Human Rights Journal / Vol. 19
their lives in service of the United Nations. International agencies are now fac-
ing increasingly litigious constituencies, among beneciary populations and,
more notably, among their predominantly Western staff. Such claimants
increasingly seek compensation for damages incurred in preventable security
and safety incidents.15 There are no precise numbers available on the litiga-
tion, or threats of litigation, exerted by the families. However, interlocutors
we spoke with in the course of the 2005 SMI survey expressed the view that
threats of litigation may be a key factor in prompting the U.N. agencies
interest in security management reforms.16
The elaboration and implementation of new security strategies and proce-
dures to address the operational risks facing staff may have become unavoid-
able. As this Article will describe, the professionalization of security man-
agement is not without major consequences for the identities and mandates
of international agencies, especially given the emergence of integrated mis-
sions and the expansion of civil-military relations. Agencies will have to review
the balance between the depth of their commitment to defending their own
institutional interests . . . and the degree to which that commitment inuences
the way they conceive of providing help to people in need.17
Before reviewing current strategies to address the security challenges faced by
the United Nations and other international agencies, it is important to iden-
tify some of the factors underpinning the increased exposure to insecurity.
According to the Independent Panel on the Safety and Security of U.N. Per-
sonnel in Iraq, these factors include the growing number of eld operations
in fragmented or failed states, the blurring of the distinction between civil-
ians and combatants in conict areas, the privatization and fragmentation of
armed forces and the increased availability of weapons, the globalization of ter-
ror movements, and the spread of religious and fundamentalist ideologies some
of whose adherents openly oppose key U.N. tenets.18
The rst three factors identied by the Panel are not surprising. They reect
the ongoing deterioration of the social and security environments in which
international agencies are called to operate.19 The last two factors, however,
focus on singularly new threats against the United Nations and other agen-
cies. These factors will be analyzed in turn.
15. See Koenraad Van Brabant, HPG Brieng: Mainstreaming Safety and Security Management in Aid
Agencies, 2 Humanitarian Pol. Group Brieng 1 (2001), http://www.odi.org.uk/hpg/papers/hpgbrief2.
pdf.
16. Interview with Alan Drew, Dir., Health and Sec. Dept, European Bank for Reconstruction and
Dev., in London, Eng. (Feb. 9, 2005).
17. David Rieff, A Bed for the Night 85 (2004).
18. Independent Panel Report, supra note 14, at 19.
19. See generally European Commn Directorate-Gen. for Humanitarian Aid, Report on Se-
curity of Humanitarian Personnel: Standards and Practices for the Security of Humani-
tarian Personnel and Advocacy for Humanitarian Space (2004), http://www.reliefweb.int/rw/
lib.nsf/db900SID/LHON-66VEC8/$FILE/security_report_echo_2004.pdf?OpenElement; Pierre Krhenbhl,
The ICRCs Approach to Contemporary Security Challenges: A Future for Independent and Neutral Humanitarian
Action, 86 Intl Rev. Red Cross 505, 50513 (2004).
2006 / Securing United Nations Access to Vulnerable Groups 69
20. See Independent Panel Report, supra note 14, at 19. The U.N. considers a mission hazardous
when prevailing security conditions require the application of security measures under U.N. security
phases. Id.
21. The number of ICRC personnel in the eld grew from 6266 in 1994 to 12,450 in 2004. See Intl
Comm. of the Red Cross, Annual Report 1 (1994), available at http://www.icrc.org/web/eng/siteeng0.
nsf/iwpList140/F6D5F568606558CDC1256B660059116D; Intl Comm. of the Red Cross, Annual
Report 45 (2004), available at http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section_annual_ report_
2004.
22. See Alan Kreczko, The Afghan Experiment: The Afghan Support Group, Principled Common Program-
ming, and the Strategic Framework, 27 J. Disaster Stud., Poly & Mgmt. 239 (2003), available at http://www.
blackwell-synergy.com/doi/abs/10.1111/1467-7717.00231.
23. See U.N. SCOR, 60th Sess., 5219th plen. mtg., U.N. Doc. S/RES/1610 (June 30, 2005) (extend-
ing the U.N. mission in Sierra Leone for six months).
24. See U.N. SCOR, 60th Sess., 5151st plen. mtg., U.N. Doc. S/RES/1590 (Mar. 24, 2005) (establish-
ing the U.N. mission in Sudan).
25. See R. L. Sivard, World Military and Social Expenditures (1996).
26. The Secretary-General, We the Peoples: The Role of the United Nations in the Twenty-First Century, at
33, delivered to the General Assembly, U.N. Doc. A/54/2000 (Apr. 3, 2000), available at http://documents-
dds-ny.un.org/doc/UNDOC/GEN/N00/388/97/img/N0038897.pdf?OpenElement. For a quantitative analysis
of the transformation of warfare, see Human Sec. Ctr., Human Security Report 2005: War and Peace in
the 21st Century 15 (2005), available at http://www.humansecurityreport.info/index.php?option=
content&task=view&id=28&Itemid=63.
70 Harvard Human Rights Journal / Vol. 19
27. See Crispin Thorold, Afghanistans Fearful Aid Community, BBC News, http://newswww.bbc.net.uk/2/
hi/south_asia/3278279.stm (last visited Feb. 24, 2006) (reporting the killing of U.N. staff member
Bettina Goislard in Afghanistan).
28. See Monty G. Marshall & Ted Robert Gurr, Peace and Conict 2005: A Global Sur-
vey of Armed Conicts, Self-Determination Movements, and Democracy 13 (2005) (stating
that although the decline in the global magnitude of armed conict . . . has persisted[,] thirty-one of
the remaining countries in conict are given red ags because they are at serious risk of mismanaging
societal crises and succumbing to civil war or governmental collapse).
29. Swirling tactics are dened by the new characteristics of the modern battleeld. Armies must
now plan to ght three battles at once. Combat doctrines require that units be able to ght the direct
battlethat is, to engage units directly to their front. But doctrine also requires that armies be able to
ght the deep battle, to reach out and strike deeply behind the enemys lines with large combat forces to
disrupt timetables, supplies, and reinforcements. The rear battle requires that armies must plan to
deal with sizeable enemy forces engaged in attacking the rear . . . . Accordingly, the entire battleeld is
highly unstable, a war not of xed lines, but of swirling combat in which units will be expected to ght
isolated from parent units. Units will be trapped, decimated, bypassed, isolated, and often expected to
ght until they can no longer do so. In short, modern war is not a war of offense and defense as in World
War II, but a war of meeting engagements in which all units are expected to conduct a continuous offen-
sive. Richard A. Gabriel & Karen S. Metz, A Short History of War: The Evolution of War-
fare and Weapons ch. 5 (Marianne P. Cowling ed., U.S. Army War College Strategic Stud. Inst. 1992),
2006 / Securing United Nations Access to Vulnerable Groups 71
with a style of warfare that is itself qualitatively different from almost all
war that has gone before.30 Furthermore, the proliferation of small arms has
had a signicant impact on both the political and security environments of
contemporary conicts. Individuals can now arm themselves and create an
active military group for only a few hundred dollars.31 With a minimum of
training, they can engage in warfare with other groups or government forces.
This access to weapons has generated both the spread of (criminal and politi-
cal) violence and the leveling of political groups. Private groups are able to
acquire substantial power and exert control over large territories and popula-
tions. International agencies operators have to engage with such groups for
access to vulnerable populations and to obtain credible security guarantees.
http://www.au.af.mil/au/awc/awcgate/gabrmetz/gabr0020.htm.
30. Id.
31. It was possible, in 2001, to buy a single used AK-47 for just ten dollars in Afghanistans black
market. Indeed, over fty-nine percent of the total global rearms stockpile is owned by civilians. Aaron
Karp, Red Flags and Buicks: Global Firearm Stockpiles, in Small Arms Survey 2002: Counting the
Human Cost 66, 79 (2002).
32. See Scott Baldauf, Aid Groups in Afghanistan Weigh Good Deeds Vs. Safety, Christian Sci. Moni-
tor, Oct. 28, 2003, http://www.csmonitor.com/2003/1028/p07s01-wosc.html (discussing a statement
by Taliban threatening NGOs believed to be working in the interests of the United States); CHINAdaily,
Al Qaeda Web Site Claims U.N. Bombing in Baghdad (Aug. 26, 2003), http://www2.chinadaily.com.cn/en/
doc/2003-08/26/content_258266.htm (reporting that Brigades of Abu Hafs al Masri claimed responsi-
bility for the 2003 bombing of the U.N. ofce in Baghdad); Laura Rozen, Hate Speech: Is an Al-Qaeda-
Linked Group Behind the August 19 Truck Bombing of the U.N. Headquarters in Baghdad, and the Friday At-
tack on the Najaf Mosque? War and Piece: Reports on National Security and Foreign Policy
Issues from Washington, D.C., Aug. 30, 2003, http://www.warandpiece.com/blogdirs/000041.html
(quoting Brigades of Abu Hafs al Masris statement of responsibility for the 2003 bombing of the U.N.
ofce in Baghdad).
33. See Ian Fisher & Elizabeth Becker, The Struggle for Iraq: The Reconstruction; Aid Workers Leaving Iraq,
Fearing They are Targets, N.Y. Times, Oct. 12, 2003, at 18; Daniel B. Schneider, Driven from Iraq, Aid
Groups Reect on Work Half Begun, N.Y. Times, Nov. 15, 2004, at A13; Press Release, Mdecins Sans
Frontires, MSF Stops Activities in Iraq (Nov. 4, 2004).
34. See Angelo Gnaedinger, Dir.-Gen., ICRC, Humanitarian Action: Todays New Security Environ-
ment has Forced Us Back to Basics (Feb. 27, 2004), http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList88/
201C56BB82A156B9C1256E5A00393D71; see also Pierre Gassmann, Rethinking Humanitarian Security,
Humanitarian Exchange, June 2005, at 32, http://www.odihpn.org/report.asp?ID=2721.
72 Harvard Human Rights Journal / Vol. 19
35. See Independent Panel Report, supra note 14, at 31; Mohammad-mahmoud Ould
Mohamedou, Non-Linearity of Engagement: Transnational Armed Groups, International
Law, and the Conict Between Al Qaeda and the United States (2005), available at http://www.
hpcr.org/pdfs/Non-Linearity_of_Engagement.pdf.
36. See, e.g., Letter from Mary E. McClymont, President and Chief Executive Ofcer, InterAction, to
Andrew Natsios, Admr, U.S. Agency for Intl Dev. (July 24, 2003), http://www.interaction.org/les.cgi/
2180_Response_to_Natsios_Speech_-_Final.doc (responding to Natsios reported statement that U.S.
government-funded NGOs were to be considered an arm of the US government); Colin Powell, Secy of
State, U.S. Dept of State, Remarks to the National Foreign Policy Conference for Leaders of Nongov-
ernmental Organizations at Yale Law School: September 11, 2001: Attack on America (Oct. 26, 2001),
http://www.yale.edu/lawweb/avalon/sept_11/powell_brief31.htm (stating I am serious about making
sure we have the best relationship with the NGOs who are such a force multiplier for us, such an impor-
tant part of our combat team).
37. See, e.g., Judy Aita, Development Requires Aid Plus Good Governance, USAID Chief Says, The Wash-
ington File, June 27, 2005, available at http://www.usembassy.org.uk/forpo745.html (quoting Andrew
Natsios as saying, at a June 27, 2005 special meeting of the U.N. General Assembly, that development
progress is, rst and foremost, a function of country commitment and political will to rule justly, pro-
mote economic freedom and invest in people).
38. CHINAdaily, supra note 32.
2006 / Securing United Nations Access to Vulnerable Groups 73
population have remained unmet because of the serious threats faced by in-
ternational humanitarian agencies.45
45. Gerard McHugh & Lola Gostelow, Provincial Reconstruction Teams and Humani-
tarian-Military Relations in Afghanistan (Save the Child. 2004), http://www2.apan-info.net/mpat/
documents/PRTs%20and%20Human-Mil%20Relations%20In%20Afghanistan.pdf; see also Paul OBrien,
PRTsGuaranteeing or Undermining a Secure Future in Afghanistan?, 5 Forced Migration Rev. 38, 38
39 (2003).
46. Interview with Alan Drew, Dir., Dept of Health and Safety, European Development Bank, in
London, Eng. (Apr. 5, 2005); Interview with Olivier Gabus, Agent Gnral, GEN Assurances, in Neuchatel,
Switz. (May 2, 2005); see SMI Progress Report, supra note 8.
47. In Iraq the United Nations and NGOs quickly learned to their dismay and horror that their hu-
manitarian ags and symbols are no longer enough to provide for their protection or for the protection of
civilians caught in the crossre of conict. Gil Loescher, Threatened Are the Peacemakers, Notre Dame
Mag. Online, Spring 2005, http://www.nd.edu/~ndmag/sp2005/loescher.html.
2006 / Securing United Nations Access to Vulnerable Groups 75
55. Louise Frchette, The Deputy Secy-Gen., U.N., Press Conference by Deputy Secretary-General
Louise Frchette at United Nations Headquarters (Jan. 13, 2005), http://www.unis.unvienna.org/unis/
pressrels/2005/dsgsm242.html).
56. Id.
57. Security-related openings are regularly posted on ReliefWeb, a web portal for the humanitarian
community hosted by the U.N. Ofce for the Coordination of Humanitarian Affairs. See ReliefWeb,
Vacancies, http://www.reliefweb.int/vacancies (last visited Feb. 10, 2006).
58. See European Commissions Directorate-Gen. for Humanitarian Aid, Generic Security
Guide for Humanitarian Ogranisations 15 (2004), http://europa.eu.int/comm/echo/pdf_les/security/
echo_generic_security_guide_en.pdf.
59. RedR, RedR Training, http://www.redr.org/redr/training/index.htm (last visited Feb. 10, 2006).
60. InterAction, Jobs at Interaction, http://www.interaction.org/jobs/jobads.html (last visited Feb. 13,
2006).
61. See generally InterAction, InterAction Security Planning Guidelines, http://www.interaction.org/les.
cgi/687_Security_Planning_Guidelines.pdf (last visited Feb. 10, 2006).
62. Interview with James Bishop, Dir. of Humanitarian Policy and Practice, InterAction, in Washing-
ton, D.C. (Oct. 13, 2005).
63. Rainbo Nation, IRC Circular (Intl Rescue Comm. U.K., London, Eng.), Winter 2003/2004, at 2,
http://72.14.207.104/search?q=cache:eCKPHk3QDD4J:www.theirc.org/resources/CIRCULAR-20ISSUE-
205.pdf+ANSO+and+IRC&hl=en&gl=us&ct=clnk&cd=3.
64. See generally NGO Coordination Committee in Iraq, http://www.ncciraq.org (last visited Feb. 13,
2006).
2006 / Securing United Nations Access to Vulnerable Groups 77
ECHO has recently produced a major survey of security strategies and re-
sources for its partner organizations.65
As observed in the 2005 SMI survey, these investments are beginning to
have an impact on the overall culture of humanitarian personnel. Basic secu-
rity skills training is now available to staff in most agencies through various
in-house training courses, or through outsourced training with specialized
NGOs or private security companies.66 Long distance security training via
video or CD-ROM is also possible.67 These training resources address prac-
tical issues encountered in eldwork (passive protection, interaction with bel-
ligerents, negotiation techniques, and mine awareness programs) and present
each agencys specic security regulations and operating standards.68
This availability of information on security suffers, however, from two se-
rious limitations. First, the SMI survey showed that basic security training is
generally not made available to nationally recruited staff, who are increas-
ingly made responsible for the security of entire operations.69 Due to limited
resources, international agencies tend to focus on building the security capa-
bilities of international staff as the backbone of their security response. Such
an approach must necessarily be reviewed in light of the growing trend of
conducting operations in highly insecure environments remotely, using na-
tional staff as frontline operators. Second, security training generally remains
introductory and does not address managerial issues in terms of, for exam-
ple, methodology for risk assessments and crisis management.70
One should nevertheless note that efforts are emerging in this domain.
The UNHCR is at the forefront of such efforts, with a comprehensive security
management review released in January 2005.71 However, all agencies inter-
viewed in the course of the 2005 SMI survey agree that efforts are urgently
needed to develop security management capabilities within international agen-
cies, for both senior security advisors and senior operational managers.72
73. See The Secretary-General, Report of the Secretary General on Strengthened and Unied Security Manage-
ment System for the United Nations, delivered to the General Assembly, U.N. Doc. A/59/365 (Oct. 11, 2004);
Press Release, General Assembly, Budget Committee Debates Secretary-Generals Plan for Strengthened,
Unied UN Security, U.N. Doc. GA/AB/3644 (Nov. 4, 2004), http://www.unis.unvienna.org/unis/pressrels/
2004/gaab3644.html.
74. See generally SMI Progress Report, supra note 8.
75. See, e.g., Antonio Donini et al., Mapping the Security Environment: Understanding
the Perceptions of Local Communities, Peace Support Operations, and Assistance Agencies
(2005), http://www.gcsp.ch/e/meetings/Research_Seminars/EU-Peace_Ops/2005/Donini.pdf. The report
examines key aspects of the different perceptions of international agencies, local populations, and peace
support forces on security and on implementation of related security attitudes and measures in three
common operational locations (Afghanistan, Sierra Leone, and Kosovo). The report, which does not make
any strategic recommendations to agencies, demonstrates that the security environment is dened, above
all, by local constraints.
76. Rainbo Nation, supra note 63, at 2 (providing information on ANSO).
77. See SMI Progress Report, supra note 8, at 3. Telephone Interview with Guy Malon, Broker,
Marsh Inc. (June 10, 2005); Interview with Ed McLaughlin, Managing Dir. Risk Consulting Practice,
Marsh Inc., in London, Eng. (June 27, 2005).
2006 / Securing United Nations Access to Vulnerable Groups 79
1. Host Governments
Host governments are, in principle, responsible for all security aspects of
international agencies operations. This responsibility ows from the inher-
ent function of government to maintain law and order. However, there are no
clear descriptions of what such responsibility should entail in practical terms.80
The Convention on the Safety of U.N. and Associated Personnel, for exam-
ple, simply refers to the responsibility of a host state to take all appropriate
measures to ensure the safety and security of United Nations and associated
personnel and provides some legal basis for the exchange of information
pertaining to the prevention and prosecution of crimes against U.N. person-
78. See The Secretary-General, Safety and Security of Humanitarian Personnel and Protection of United Na-
tions Personnel, 34, delivered to the General Assembly, U.N. Doc. A/60/223 (Aug. 12, 2005).
79. See generally Van Brabant, supra note 1; Francois Grunewald, Securite du Personnel en Mission Humani-
taire: Entre Comprehension, Protection, Dissuasion et Acceptabilite, Quelques Elements de Strategie (Aot
1999), http://www.urd.org/chiers_urd/pole_dactivites/recherche/securite/compreh1.pdf; Humanitarian
Policy Group Report 14, Humanitarian Action and the Global War on Terror: A Review of
Trends and Issues (Joanna Macrae & Adele Harmer eds., 2003), http://www.odi.org.uk/hpg/papers/ hpgre-
port14.pdf; United Nations Ofce for the Coordination of Humanitarian Affairs, Addressing the Challenges
to Humanitarian Security (Geneva, Mar. 2004) (prepared in consultation with the Inter-Agency Standing
Committee Task Force on Collaborative Approaches to Humanitarian Security).
80. A representative of the Group of 77 (the largest Third World coalition in the U.N.) and China
stated that they are of the view that the primary responsibility for the safety and security of the United
Nations and its personnel lie with the host government. The Group shares the concerns raised by the
[Advisory Committee on Administrative and Budgetary Questions] with regard to the inadequate work-
ing arrangements with host governments with regard to their responsibility and obligations for UN
security and safety. The Group is also concerned that these responsibilities and obligations are not always
nalized in legally binding written documents. Mishal Mohammed Al-Ansari, Statement on Behalf of
the Group of 77 and China by Mr. Mishal Mohammed Al-Ansari, State of Qatar, On Strengthened and
Unied Security Management System of the United Nations (Nov. 4, 2004), http://www.g77.org/Speeches/
110404b.htm.
80 Harvard Human Rights Journal / Vol. 19
nel.81 Besides this, there is no indication of the degree or mode of a host gov-
ernments involvement in the security and safety of international agencies.
On the other hand, agencies would not necessarily welcome an ofcial se-
curity blanket as it may interfere with the warring parties perception of the
agency as a neutral body, exert unwarranted control over their movements and
activities, and limit access to vulnerable groups. Thus, in an effort to keep the
host governments at a distance, most agencies tend to understate their secu-
rity needs and strategies.82
81. Convention on the Safety of United Nations and Associated Personnel, G.A. Res. 49/59, art. 7, 49
U.N. GAOR Supp. (No. 49), U.N. Doc. A/49/49 (1994), http://www.un.org/law/cod/safety.htm.
82. Supra note 77.
83. Id.
84. SMI Progress Report, supra note 8, at 5; see The Secretary-General, The Secretary-Generals Bulle-
tin: Staff Regulations, Regs. 1.2(c) and 6.2, U.N. Doc. ST/SGB/2003/5 (Feb. 7, 2003), http://documents-
dds-ny.un.org/doc/UNDOC/GEN/N03/245/67/pdf/N0324567.pdf?OpenElement.
85. Supra note 77.
2006 / Securing United Nations Access to Vulnerable Groups 81
86. See United Nations High Commr for Refugees, Security in the Field: Information
for Staff Members of the United Nations System (1998), http://www.reliefweb.int/rw/lib.nsf/
db900SID/LGEL-5CYK7D/$le/security.pdf?OpenElement.
87. Id.
88. United Nations Security Coordinator (UNSECOORD), Minimum Operating Security Standards
(MOSS) Policy Document (July 1, 2004) (describing a Minimum Operational Security Standards (MOSS)
standard).
89. See United Nations High Commr for Refugees, supra note 86.
82 Harvard Human Rights Journal / Vol. 19
90. Louise Frchette, U.N. Deputy Secy-Gen., Press Conference at United Nations Headquarters, su-
pra note 55. (The Deputy Secretary-General introduced Sir David Veness, Under-Secretary-General for
Safety and Security, who explained, among other things, the need for cooperation with host governments
regarding intelligence gathering.).
91. See Feinstein International Famine Center, The Future of Humanitarian Action: Im-
plications of Iraq and Other Recent Crises 6 (2003), http://hwproject.tufts.edu/pdf/iraq_issues_
20031022.pdf; see also Dan Murphy, In Iraq, Aid Group Favors Talk Over Barbed Wire, Christian Sci.
Monitor, Dec. 18, 2003, http://www.globalpolicy.org/ngos/aid/2003/1218barbed.htm.
92. See Grunewald, supra note 79; see also Philippe Dind, Security in ICRC Field Operations, 323 Intl
Rev. Red Cross 335 (1998), http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList167/ FFF830A9E30C059
AC1256B66005C0B1C; Pierre Krhenbhl, Humanitarian Security: A Matter of Acceptance, Perception,
Behavior . . . . (Mar. 31, 2004), http://www.icrc.org/Web/Eng/siteeng0.nsf/html/5XSGWE.
2006 / Securing United Nations Access to Vulnerable Groups 83
Under this approach, the security of the staff starts with the prevention of
threats, by directly addressing potential sources of risks and negotiating ac-
cess to vulnerable populations. The focus is on the sources of the threats and
the means to prevent their emergence. Consultations with the community as
well as representatives of parties to the conict are essential components of
this approach. Communication and transparency are the primary tools of this
process. In this context, organizations must be able to articulate a clear and
acceptable mandate and explain the purpose of their activities to the com-
munities involved. Their activities should focus on clearly identied humanitar-
ian or developmental aims. Following strict and transparent need assessments,
the delivery of services must be recognized as impartial. The community and
security-related stakeholders must have a genuine interest in the services pro-
vided. Under this approach the role of the humanitarian operators is central.
Their expertise in building trust with the relevant parties and within the popu-
lation plays a critical role in securing the operational groundwork for the
agencies activities.93
This approach also has four important shortcomings. First and foremost,
while the community environment plays a central role in providing secure
grounds for agencies to operate, it is wrong to consider U.N. humanitarian
agencies like the UNHCR or UNICEF as community-based. The agendas of
such organizations remain dened primarily by international entities and
their funding is provided largely by foreign donors. The constant pressure on
these U.N. agencies to have a distinct mandate and to be visible often conicts
with their desire and ability to interact with the community. Secondly, com-
munities are in a position to guarantee the security of agencies only to the extent
that they are themselves safe and secure. Global and foreign threats and organ-
ized crime, as well as an increasing number of sectarian armed non-state
actors, are often beyond the reach of community-based security guarantees.94
The community-based security approach leaves international agencies par-
ticularly vulnerable to external threats since it fundamentally limits their ability
to put together close protection measures in community settings. Once an
agency turns to the community to ensure its security, it begins sharing the risks
faced by community members. Thirdly, acceptance by the community is
elusive, difcult to measure or test over time, and may also be misleading.
Communities of beneciaries may not always have a choice in whether to
accept or reject humanitarian assistance. Similarly, acceptance by the commu-
nity does not automatically guarantee security. Acceptance by governments
and armed groups alike are also necessarily dictated by evolving political and
security strategies. As a result, acceptance strategies are not always useful as
long-term strategies since acceptance itself may be eeting. Communication
strategies and negotiation skills are critical tools for enhancing the security
of staff in these circumstances, but, alone, they are not enough. Finally,
community-based security is not scalable or replicable without the availabil-
ity of qualied individuals prepared to engage in a dialogue with the parties
to the conict and able to develop the necessary personal networks. Commu-
nity-based security most often remains centered on individual operators who
are capable of integrating the agencies communication, programming, and
security goals in a coherent manner. Experienced individuals are difcult to
nd and deploy on short notice. In addition, over-reliance on individual pro-
fessionals may cause agencies to underestimate the need for institutional risk
evaluation and response strategies in the face of constantly changing security
risks.
C. Current Debate
As observed in the 2005 SMI survey, even humanitarian agencies func-
tioning under a centralized system-based approach recognize that acceptance
by all stakeholders, as well as compliance with the principles of political neu-
trality, independence, and impartiality are the best guarantees for the secu-
rity of their staff.95 However, in the wake of the bombing attacks in Baghdad
and the targeted attacks on staff in other operations, agencies are beginning
to recognize that they must adjust their security measures based on a thor-
ough examination of the perception of stakeholders and based upon an assess-
ment of operational risks.96 In this context, community-based and system-
based strategies may each provide useful insights on ways to improve the
security of staff confronted by new and evolving threats.
There is also, however, a continuing debate about the existence of a direct
global terrorist threat against Western humanitarian agencies. The invest-
ment of over one hundred million U.S. dollars, made in the wake of the bomb-
ings in Baghdad, to protect the headquarters and eld ofces of the U.N.
and the ICRC has been criticized as both excessive, given the absence of di-
rect threats against specic locations, and as disproportionate to the dearth of
resources invested in building staff capacity and analytical capability. Critics
of this global threat paradigm point out that agencies should gear their se-
curity measures to specic and contextualized vulnerabilities that relate to
the safety of staff, such as the prevention of road accidents and diseases, rather
than to targeted attacks against staff and property.97 Finally, most agencies
consider their capacity to analyze the political situation and to assess the threats
and risks of their environment to be hampered by a lack of institutional fa-
miliarity with the language, culture, and political nuances of the location
where they operate. They are also seriously limited by the scarcity of seasoned
generalist managers, high staff turnover, deciencies in the transmission of key
ment is, in this context, no different from other areas of operational and stra-
tegic planning. The consequences of the tensions, however, are more dramatic as
compared to, for example, the planning of a vaccination campaign or measures
to eradicate locust infestation.
Neither the system-based nor community-based approach offers a denite
solution to the security needs of international agencies, and the improvised vac-
illation between the two is not a long-term solution. An integrated security
management system that can provide common professional and cultural
grounds for the development of sound security strategies is needed. This com-
mon security culture must be based on an understanding of the composite
nature of international agencies missions. International agencieshumanitar-
ian, developmental, or politicalare all driven by an internationalist agenda
geared toward assisting local communities in times of conict. The security
of their operations depends as much on a standardized and well-integrated sys-
tem-wide security strategy as on the support and participation of communi-
ties.100
Based on the preceding analysis, this Article suggests a new model for the
creation of an integrated security management system (ISMS). Such a sys-
tem could be put into place within each agency to serve the needs of each
agency for tailored security strategies and also to provide a common profes-
sional ground for the establishment of a concerted security framework among
international agencies.
100. This combination is akin to the work and strategies of public health organizations. Like security
strategies, public health strategies are aimed at the management of public health hazards and focus on
the reduction of the vulnerability of a population to health threats. Threats to public health are not per-
ceived as stand-alone risks but as the product of both external agents and communal behaviors that allow
the hazardous agent to prosper and threaten the health of individuals. Unied by a professional character,
the public health domain is based on solid and replicable system-based strategies (e.g., public health as a
scientic and professional eld) as well as community-based interventions (community health programs)
which are ultimately sustainable in the long run. See Claude Bruderlein & Jennifer Leaning, New Chal-
lenges for Humanitarian Protection, 319 Brit. Med. J. 430, 43035 (1999).
2006 / Securing United Nations Access to Vulnerable Groups 87
101. Supra note 77; see Buchanan & Muggah, supra note 3.
102. Supra note 77.
103. Id.
88 Harvard Human Rights Journal / Vol. 19
4. Mitigation Measures
The responsibility of a security system does not end with the conclusion
of a security incident. The system must also address all the logistical aspects
of the mitigation measures so as to minimize the consequences of the inci-
dent. In terms of human resources, these responsibilities may include emer-
gency medical treatment, post-traumatic stress consultations, and evacuation.
In terms of physical assets, it may include collection of residual assets, up-
grading of protection measures and security responses, and evaluation and in-
vestigation of a security incident. Evaluation and investigation of a security
incident is of particular importance both for compensating the injured par-
ties and for evaluating the security lapses that may have occurred.
The ISMS model merges system-based and community-based methodolo-
gies into a common security strategy for international agencies. Under an ISMS,
operational security needs are divided into the aforementioned four discrete
elds of activities, from risk assessment to mitigation measures. Each eld has
its own policies and strategies. The respective activities of a given eld allow
2006 / Securing United Nations Access to Vulnerable Groups 89
for the establishment of a clear, credible, and professional security system based
on scalable and replicable strategies. As with other security approaches, an
ISMS is unlikely to provide absolute security, but it will provide a coherent
and integrated method to reduce the exposure of staff to security risks across
agencies and situations.
107. See The Secretary-General, Inter-Organizational Security Measures: Framework for Accountability for
the United Nations Field Security Management System, delivered to the General Assembly, U.N. Doc. A/57/365
(Aug. 28, 2002).
108. SMI Progress Report, supra note 8, at 4.
109. United Nations High Commr for Refugees, supra note 71, at 20.
110. SMI Progress Report, supra note 8, at 5.
111. Id.
112. Id.
113. Id.
2006 / Securing United Nations Access to Vulnerable Groups 91