STRENGTHENING COMPLIANCE WITH INTERNATIONAL HUMANITARIAN LAW: THE FAILED PROPOSAL FOR A “MEETING OF STATES ON INTERNATIONAL HUMANITARIAN LAW”

2016 ◽  
Vol 25 (1) ◽  
pp. 201-225
Author(s):  
Giulio Bartolini
Keyword(s):  
International Law ◽  
Significant Role ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Challenges And Opportunities ◽  
Compliance Mechanism ◽  
Series Of Functions

Within current debates on international humanitarian law (IHL) attempts to strengthen compliance are a key issue. Several existing mechanisms provided by IHL treaties have proved to be unsuccessful, mainly due to States’ unwillingness to activate them and to their limited field of application, that is, such mechanisms are principally restricted to international armed conflicts. Conversely, instruments pertaining to other branches of international law have progressively come to play a significant role in this area, emphasizing a series of challenges and opportunities. Against this background this contribution explores attempts to identify further options, such as the proposal submitted to the 32nd International Conference of the Red Cross and Red Crescent held in December 2015. Its aim was to facilitate the creation of a new compliance mechanism for IHL, the so-called “Meeting of States on International Humanitarian Law”: a regular, voluntary, yet institutionalized forum for dialogue on IHL among States Parties to the Geneva Conventions, to be provided with a series of functions intended to improve the implementation of IHL. However, due to disagreements among States during the Conference, delegations were ultimately unable to reach a consensus on this new mechanism, thus emphasizing serious difficulties in bringing about effective improvements with regard to IHL compliance mechanisms.

Respect for fundamental judicial guarantees in time of armed conflict — The part played by ICRC delegates

1992 ◽  
Vol 32 (287) ◽  
pp. 121-142 ◽  
Author(s):  
Hans-Peter Gasser
Keyword(s):  
Armed Conflict ◽  
Principal Part ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Judicial Procedure ◽  
Harsh Reality

Article 75 of Protocol I additional to the Geneva Conventions lays down with admirable clarity and concision thateven in time of war, or rather especially in time of war, justice must be dispassionate. How does international humanitarian lawpromote this end? What can theInternational Committee of the Red Cross, an independent humanitarian institution, do in the harsh reality of an armed conflict towards maintaining respect for the fundamental judicial guarantees protecting persons accused of crimes, some of them particularly abhorrent?This article will first consider the Geneva Conventions and their Additional Protocols in relation to judicial procedure in time of armed conflicts. Thereafter it will examine the legal bases legitimizing international scrutiny of penal proceedings instituted against persons protected by humanitarian law. The next and principal part of the article will indicate how ICRC delegates appointed to monitor trials as observers do their job. In conclusion the article will try to evaluate this little-known aspect of the ICRC's work of protection.

International humanitarian law and the challenges of contemporary armed conflicts: Recommitting to protection in armed conflict on the 70th anniversary of the Geneva Conventions

2019 ◽  
Vol 101 (911) ◽  
pp. 869-949
Keyword(s):  
Armed Conflict ◽  
International Committee ◽  
Armed Conflicts ◽  
70Th Anniversary ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
Geneva Conventions ◽  
Areas Of Interest

This is the fifth report on international humanitarian law (IHL) and the challenges of contemporary armed conflicts prepared by the International Committee of the Red Cross (ICRC) for the International Conference of the Red Cross and Red Crescent (International Conference). Similar reports were submitted to the International Conferences held in 2003, 2007, 2011 and 2015. The aim of all these reports is to provide an overview of some of the challenges posed by contemporary armed conflicts for IHL; generate broader reflection on those challenges; and outline current or prospective ICRC action, positions, and areas of interest.

An Exercise in the Development of International Law: The New ICRC Study on Customary International Humanitarian Law

2005 ◽  
Vol 6 (9) ◽  
pp. 1217-1242 ◽  
Author(s):  
Malcolm MacLaren ◽  
Felix Schwendimann
Keyword(s):  
International Law ◽  
Significant Contribution ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
High Level

On 17 March 2005, the President of the International Committee of the Red Cross (ICRC), Jakob Kellenberger, presented a study (hereinafter “the Study”) of customary international humanitarian law (IHL). A decade earlier, the International Conference of the Red Cross and Red Crescent had mandated the ICRC to “prepare […] a report on customary rules of IHL applicable in international [IAC] and non-international armed conflicts [NIAC], and to circulate the report to States and competent international bodies.” The Study's objective was to capture a “photograph” of the existing, hitherto unwritten rules that make up customary IHL. Comprehensive, high-level research into customary IHL followed; the end result of which is undeniably a remarkable feat and a significant contribution to scholarship and debate in this area of international law.

Appeal by the International Committee of the Red Cross on the 20th anniversary of the adoption of the Additional Protocols of 1977

1997 ◽  
Vol 37 (320) ◽  
pp. 471-472
Author(s):  
Cornelio Sommaruga
Keyword(s):  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Liberation ◽  
Geneva Conventions ◽  
20Th Anniversary ◽  
The Government ◽  
Preparatory Work

Twenty years ago, on 11 June 1977, the plenipotentiaries of over a hundred States and several national liberation movements signed the Final Act of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts. This Conference had been convened by the government of Switzerland, the depositary State of the Geneva Conventions. After four sessions held between 1973 and 1977, themselves preceded by several years of preparatory work, the Conference drew up two Protocols additional to the Geneva Conventions of 12 August 1949, relating to the protection of the victims of international armed conflicts (Protocol I) and of noninternational armed conflicts (Protocol II).

Ten questions to Philip Spoerri, ICRC Director for International Law and Cooperation

2012 ◽  
Vol 94 (887) ◽  
pp. 1125-1134 ◽  
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Republic Of The Congo ◽  
The One

With the globalisation of market economies, business has become an increasingly prominent actor in international relations. It is also increasingly present in situations of armed conflict. On the one hand, companies operating in volatile environments are exposed to violence and the consequences of armed conflicts. On the other hand, some of their conduct in armed conflict may lead to violations of the law.The International Committee of the Red Cross (ICRC) engages with the private sector on humanitarian issues, with the aim of ensuring compliance or clarifying the obligations that business actors have under international humanitarian law (IHL) and encouraging them to comply with the commitments they have undertaken under various international initiatives to respect IHL and human rights law.In times of conflict, IHL spells out certain responsibilities and rights for all parties involved. Knowledge of the relevant rules of IHL is therefore critical for local and international businesses operating in volatile contexts. In this Q&A section, Philip Spoerri, ICRC Director for International Law and Cooperation, gives an overview of the rules applicable to business actors in situations of conflict, and discusses some of the ICRC's engagement with business actors.Philip Spoerri began his career with the ICRC in 1994. Following a first assignment in Israel and the occupied and autonomous territories, he went on to be based in Kuwait, Yemen, Afghanistan, and the Democratic Republic of the Congo. In Geneva, he headed the legal advisers to the Department of Operations. He returned to Afghanistan as head of the ICRC delegation there from 2004 to 2006, when he took up his current position. Before joining the ICRC, he worked as a lawyer in a private firm in Munich. He holds a PhD in law from Bielefeld University and has also studied at the universities of Göttingen, Geneva, and Munich.

Red Cross Society of China: The 1977 Geneva Protocols and the development of international humanitarian law

1987 ◽  
Vol 27 (258) ◽  
pp. 282-287
Author(s):  
Su Wei
Keyword(s):  
Geneva Convention ◽  
Armed Conflicts ◽  
The Other ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Liberation ◽  
Outstanding Problem ◽  
Geneva Conventions ◽  
Occupied Territories

Ten years ago, two Protocols additional to the Four Geneva Conventions were adopted in Geneva: one relating to the protection of victims of international armed conflicts, the other to the protection of victims of non-international armed conflicts. This marked a forward step in the development of international humanitarian law applicable in armed conflicts. The most outstanding problem confronting international humanitarian lawyers in the postwar years has been the protection of civilians in circumstances of armed conflicts, particularly in a period characterized by wars of national liberation. The two Protocols scored achievements on two points. First, provisions were elaborated aiming at protecting civilians from the effects of hostilities as opposed to simply protecting civilians in occupied territories as had been the case of the Fourth Geneva Convention of 1949. Secondly, the scope of the application of humanitarian law was greatly widened so as to bring a greater number of victims of armed conflicts under the protection of humanitarian law. This should in turn facilitate the observance and implementation of humanitarian law in conflicts. It is attempted in this paper to make some comments on the achievements of the Protocols, especially Protocol I relating to international armed conflicts.

The Canadian Red Cross Society and the Protocols additional to the Geneva Conventions

1987 ◽  
Vol 27 (259) ◽  
pp. 376-378
Author(s):  
Brian Smith
Keyword(s):  
Armed Conflicts ◽  
Red Cross ◽  
Modern World ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Essential Extensions

The Canadian Red Cross Society has strongly supported the adoption of the Protocols additional to the Geneva Conventions of 12 August 1949 as logical, essential extensions of the Conventions. The Protocols bring the Conventions of 1949 up to date. They make the true application of international humanitarian law (IHL) in armed conflicts relevant, meaningful and possible in the modern world to fulfil its ultimate aim—to provide protection and assistance to all victims of all conflicts.

Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts

1974 ◽  
Vol 14 (156) ◽  
pp. 117-129
Keyword(s):  
United Nations ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Governmental Organizations ◽  
Geneva Conventions ◽  
Non Governmental Organizations ◽  
Recent Developments

The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts opened in Geneva on 20 February 1974. This Conference was convened by the Swiss Government and is being attended by plenipotentiary representatives of 118 States Parties to the Geneva Conventions of 12 August 1949 and Members of the United Nations, as well as by many observers for intergovernmental and non-governmental organizations. The Conference will sit until 29 March to deal with two additional draft protocols to the Geneva Conventions, which the International Committee of the Red Cross has drawn up with a view to supplementing existing international humanitarian law in the light of recent developments in matters of war.

Norwegian Red Cross: Norway and the 1977 Additional Protocols to the 1949 Geneva Conventions

1987 ◽  
Vol 27 (258) ◽  
pp. 310-312
Author(s):  
Bjørn Egge
Keyword(s):  
Armed Conflicts ◽  
Active Part ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions

Norway took an active part in the discussions which led to the 1977 Additional Protocols. The Diplomatic Conference on the Reaffirmation and the Development of International Humanitarian Law Applicable in Armed Conflicts (Geneva, 1974–1977) as well as the meetings of experts which preceded it were attended by numerous representatives from Norway.

Conference of Red Cross Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts

1972 ◽  
Vol 12 (131) ◽  
pp. 79-81
Author(s):  
Marcel A. Naville
Keyword(s):  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions

The International Committee of the Red Cross had the honour of providing you, by Circular 483 of September 1971, with a report on the work of the Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts which was held in Geneva from 24 May to 12 June 1971. The same Circular informed you of the second session of that Conference which would be open to all States expressly party to the 1949 Geneva Conventions, and that, in order to closely associate National Societies with this work, the International Committee had decided to invite representatives of those societies to attend as observers.

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