Commentary on provisions of Act Section 2: The International Committee of the Red Cross
Section 2 gives effect to the core purpose of the Act in respect of the ICRC. It enables His Majesty by Order in Council to provide for the ICRC to be treated in a manner comparable to an international organisation. Such treatment includes the conferral of the legal capacities of a body corporate; the provision of P&I commensurate with its functional needs in respect of the ICRC and its officers and servants; and the application to the ICRC of relevant statutory provisions relating to international organisations. Section 2 also provides for the protection of certain information provided confidentially to His Majesty’s Government by the ICRC from legal disclosure requirements, reflecting the ICRC’s standard working method of confidentiality which is designed to protect its staff and operations in active conflict zones.
	Subsection (1)(a) enables conferral on the ICRC of the legal capacities of a body corporate. This power is informed by the equivalent power at section 1(2)(a) of the 1968 Act. The key capacities relevant to the operation of an international organisation in the UK are the capacity to conclude contracts, to acquire and dispose of property, and to institute and be party to legal proceedings.
	Subsection (1)(b) enables the provision of specific P&I in respect of the ICRC. These are limited to the P&I set out in Part 1 of the Schedule. The actual suite of P&I to be accorded, including relevant exceptions and limitations, will be determined on the basis of the functional need of the organisation and will be specified in the Order in Council. This power is informed by the equivalent power at section 1(2)(b) of the 1968 Act.
	Subsection (1)(c) enables the provision of specific P&I in respect of the ICRC’s personnel. These are limited to the P&I set out in Part 2 of the Schedule. Sub-paragraphs (i) and (ii) apply this provision to specified officers of the ICRC as well as other specified classes of officers and servants, for example ICRC delegates posted to the Regional Delegation in London. This power is informed by the equivalent power at section 1(2)(c) and (d) and (3)(b) of the 1968 Act.
	Subsection (1)(d) provides for the Order in Council to specify certain statutory provisions in relation to international organisations which should apply in relation to the ICRC with any necessary modifications. This provision will ensure that the ICRC can be accorded comparable treatment to an international organisation, in particular where the definition of international organisation in the legislation is limited to inter-governmental organisations.
	Subsection (1)(e) allows for certain confidential information that is held by the UK government and that was obtained from the ICRC to be exempt from legal disclosure requirements. This exemption applies to any disclosure requirement imposed by an order of a court or tribunal in proceedings (except criminal proceedings) or a statutory provision or other rule of law.
	Subsection (2) defines the term "protected ICRC information" to which the exemption from disclosure requirements applies as confidential information held by the UK Government and obtained by it from the ICRC. Subsection (3), which echoes the confidentiality test in section 27(3) of Freedom of Information Act 2000, defines what the term "confidential" means for the purposes of subsection (2)(c).
	Subsection (4) establishes that exemption from disclosure requirements does not apply to information if the ICRC has published it or has agreed to its disclosure for the purpose of the disclosure requirement in question. Subsection (4)(b) allows for the ICRC to consent to disclosure for the purposes of one set of proceedings but not for another.
	Subsection (5) further confirms that nothing in section 2 or an Order in Council made under it affects the common law rules about the withholding of information on the grounds of public interest immunity. This is to provide certainty that public interest immunity may still be available in cases which fall under the confidential information exemption in this Act.