31 October 2019
Beyond the International Committee of the Red Cross (ICRC), international humanitarian law (IHL) currently lacks mechanisms to ensure effectively its own compliance.
Such structural flaw has left victims of violations ‘in search of a forum’ and thus prompted a frequent recourse to the more-developed human rights machinery, even if the opportuneness of this tendency has long been – and remains – debated in both intergovernmental and scholarly forums.
‘Issues at stake include the fact that debates on IHL within human rights mechanisms have been criticized for being politicized and applying double standards; for misapplying and/or weakening IHL because of unrealistic requirements; for being unable to address non-State armed groups, which are bound by IHL; for antagonizing important stakeholders such as armed forces; or for weakening the human rights standards whose threshold is higher than that of IHL’ explains Professor Marco Sassòli, Director of the Geneva Academy.
Our new working paper Implementing International Humanitarian Law through Human Rights Mechanisms: Opportunity or Utopia? provides an overview of this trend, derives provisional lessons-learned on the opportuneness of human rights bodies dealing with IHL and examines issues that would deserve further academic and/or practical examination.
‘This paper does not pass any judgement on this trend – a trend so entrenched that would, in any case, prove hard to pause – but aims at contributing to its dispassionate assessment’ explains Emilie Max, Researcher at the Geneva Academy and author of the paper.
After a reminder on mechanisms established by the Geneva Conventions of 1949 and their additional Protocols of 1977, the paper summarily frames the relationship between IHL and international human rights law and assess the competence and practice of political mechanisms emanating from the Charter of the United Nations, as well as of universal and regional treaty-based mechanisms.
Bringing academics and practitioners, the colloquium will notably discuss whether and how human rights mechanisms can contribute to the implementation of IHL without lowering the protection afforded by international human rights law or weakening the credibility of IHL. These are particularly relevant questions this year, the 70th anniversary of the Geneva Conventions.
In this interview, Melina Fidelis-Tzourou, who is enrolled in our LLM in International Humanitarian Law and Human Rights, tells us about the programme and life in Geneva.
Olivier Chamard/Geneva Academy
Applications for the 2020–2021 academic year of our LLM just opened today and will close on 31 January 2020 (applications with scholarships) and on 28 February 2020 (applications without scholarships).
To kick-start discussions at the UN about the right to a clean, healthy and sustainable environment, this expert seminar will consider the growing recognition of this right and will answer the question: is it time for universal recognition at UN-level?
This event marks the launch in Geneva of the book International Humanitarian Law and Non-State Actors: Debates, Law and Practice.
UN Photo / Jean-Marc Ferré
This training course will explore the origin and evolution of the Universal Periodic Review (UPR) and its functioning in Geneva and will focus on the nature of implementation of the UPR recommendations at the national level.
Nicolas Axelrod / Ruom
Cette formation en ligne permet d’acquérir une connaissance approfondie des droits économiques, sociaux et culturels (DESC), des obligations des états et des mécanismes chargés de les protéger et de surveiller leur mise en oeuvre.
Olivier Chamard/Geneva Academy
As an annual publication, The War Report provides an overview of contemporary trends in current armed conflicts, including key international humanitarian law and policy issues that have arisen and require attention.