New Paper Discusses IHL Implementation through Human Rights Mechanisms

A session of the UN Human Rights Committtee at Palais Wilson A session of the UN Human Rights Committtee at Palais Wilson

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.

Framing the Issue

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, former 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.

A Scientific Colloquium at the 2019 Geneva Human Rights Week

This working paper will be presented at a scientific colloquium on this issue at the 2019 Geneva Human Rights Week organized by the University of Geneva in cooperation with the Geneva Academy.

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.

MORE ON THIS THEMATIC AREA

News

New Working Paper Explores AI for Human Rights and SDG Monitoring

30 January 2025

A new working paper, 'AI Decoded: Key Concepts and Applications of Artificial Intelligence for Human Rights and SDG Monitoring', has been published by the Geneva Human Rights Platform.

Read more

neurotech image News

Research Brief Evaluates the Human Rights Implications of Neurotechnology in Therapeutic and Commercial Applications

27 March 2025

Our research brief, Neurotechnology and Human Rights: An Audit of Risks, Regulatory Challenges, and Opportunities, examines the human rights implications of neurotechnology in both therapeutic and commercial applications.

Read more

Local Government Event

Enhancing National Reporting and Implementation of Human Rights through Coordinated Engagement at the Local and Regional Levels: The Role of NMIRFs

23 July 2025, 10:00-17:00

This seminar explores how national mechanisms for implementation, reporting and follow-up can better integrate the capacities, data, and experiences of local and regional governments in advancing human rights implementation and reporting.

Read more

Warzone Event

Advanced IHL Seminar for Academics and Policymakers

25-29 August 2025, 09:00-17:30

Co-hosted with the ICRC, this event aims to enhance the capacity of academics to teach and research international humanitarian law, while also equipping policymakers with an in-depth understanding of ongoing legal debates.

Read more

Open dump Training

Protecting Human Rights and the Environment

15-19 September 2025

Participants in this training course will gain practical insights into UN human rights mechanisms and their role in environmental protection and learn about how to address the interplay between international human rights and environmental law, and explore environmental litigation paths.

Read more

Training

Human Rights and the Environment: Introducing Legal Regimes and Key Issues

1-8 September 2025

Participants in this training course will be introduced to the major international and regional instruments for the promotion of human rights, as well as international environmental law and its implementation and enforcement mechanisms.

Read more

George Floyd protest in Washington D.C. Project

Promoting and Protecting the Rights to Freedom of Peaceful Assembly and Association and Civic Space Worldwide

Started in June 2020

This project aims at providing support to the UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association Clément Voulé by addressing emerging issues affecting civic space and eveloping tools and materials allowing various stakeholders to promote and defend civic space.

Read more

A destroyed camp for internally displaced persons (IDPs) in Khor Abeche, South Darfur, Project

Understanding the Relationship between Conflict, Security and the Human Right to a Clean, Healthy and Sustainable Environment

Started in May 2023

This project will develop guidance to inform security, human rights and environmental debates on the linkages between environmental rights and conflict, and how their better management can serve as a tool in conflict prevention, resilience and early warning.

Read more

Cover of the publication Publication

Briefing N° 25: Localizing Multilateralism

published on March 2025

Domenico Zipoli, Ludovica Chiussi Curzi, Kamelia Kemileva

Read more

Cover page of the working paper Publication

AI Decoded: Key Concepts and Applications of Artificial Intelligence for Human Rights and SDG Monitoring

published on January 2025

Milica Mirkovic, Jennifer Victoria Scurrell

Read more