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.
Lisa Borden, a practising trial lawyer in the US for 30 years and currently enrolled in our LLM tells us about the programme and life in Geneva.
During his time at the Geneva Academy, Alexandre will investigate how stolen and looted cultural objects from conflict zones, or objects that have been hidden as spoils of wars, find their way into the mainstream international art and antique market via the regulated financial markets.
Join us online to discuss challenges for the right to access to information in times when most governments need to come up with strategies to mitigate the effect of the COVID-19 pandemic.
Join us for our open house to learn more about this part-time programme designed professionals, meet staff, students and alumni, and discuss career opportunities.
This training course provides participants with a deep understanding of the international legal framework for the protection of human rights and the environment as well as in-depth knowledge of how to promote environmental protection through existing human rights mechanisms. The 2020 edition will have a specific focus on water pollution and scarcity.
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.
Medical Aid for Palestinians / Ezz Al Zanoon
This project aims to ensure better protection of and assistance for persons with disabilities in situations of armed conflict or its aftermath by identifying legal obligations to protect and assist persons with disabilities during conflict, and the policies and practices required to put these obligations into effect.
This project intends to clarify the conditions of accountability for international crimes by providing a detailed assessment of the customary international law status of, in particular, the actus reus and mens rea elements of modes of liability: planning, instigating, conspiracy, direct and indirect perpetration, co-perpetration, the three forms of joint criminal enterprise, the doctrine of common purpose under the Rome Statute of the International Criminal Court, command responsibility and aiding and abetting.