16 September 2019
Investigations into alleged violations of international humanitarian law (IHL) by the parties to an armed conflict are not only crucial to securing respect for IHL, but also to preventing future violations and enabling redress for victims of past violations. Despite the unquestionable importance of investigations, there is a lack of detail with regard to the international law, principles and standards relevant to investigations in armed conflicts. This is further reflected in the disparate practice across States in the way investigations are carried out. These Guidelines aim to bring much needed clarity and support for the conduct of effective investigations into violations of IHL.
The Guidelines are the result of a five-year project, initiated in 2014 by the Geneva Academy of International Humanitarian Law and Human Rights and joined in 2017 by the International Committee of the Red Cross.
The resulting publication is based on extensive research and is also informed by a series of expert workshops and engagement with stakeholders. The 16 Guidelines are each accompanied by a detailed commentary and provide guidance on the different aspects of investigations into violations of IHL, from the early stages of recording information and identifying the incidents that require investigation, through to the structural and procedural aspects of investigative bodies. The text presents a basis for the conduct of effective investigations, while taking into account the diverse legal and military systems that exist, as well as the legal and practical challenges that can arise.
These Guidelines are an essential tool not only for States aiming to conduct investigations of IHL violations in compliance with international law, but also for other bodies and individuals seeking a more detailed understanding of investigations in armed conflict.
The Guidelines will be launched in a series of events, notably one on 10 October in New York during the upcoming United Nations General Assembly.
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Said Condo Ndoli is the Head of the International Committee of the Red Cross (ICRC) sub-delegation in Timbuktu, Mali and graduated from our Executive Master in International Law in Armed Conflict in 2021.
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Marco Roscini is a leading expert in international law of armed conflict, the use of force in international law, and international cyber security law and has published widely in the field of international security law.
Short Course
ICRC
This short course examines the sources of international humanitarian law and provides an introduction to its key principles and terminology.
Project
CCPR Centre
This project examined how IHL could be more systematically, appropriately and correctly dealt with by the human rights mechanisms emanating from the UN Charter, as well as from universal and regional treaties.
Project
Shutterstock
This project will explore humanitarian consequences and protection needs caused by the digitalization of armed conflicts and the extent to which these needs are addressed by international law, especially international humanitarian law.
Publication