Implementing International Humanitarian Law Through Human Rights Mechanisms

Started in April 2019

Beyond the International Committee of the Red Cross, international humanitarian law (IHL) lacks mechanisms to effectively ensure its own compliance. Such structural flaw of its system prompted a general recourse to the better-equipped human rights machinery, even if the opportuneness of this tendency has long been – and remains – debated in both intergovernmental and scholarly forums.

If some human rights mechanisms provide unique opportunities for victims affected by armed conflict (such as individual complaints before universal and regional treaty bodies), others remain criticized for being inherently political, too slow to deal with violations, or disconnected from the realities of conflict, thus antagonizing important military stakeholders.

Objectives

The purpose of this research project is not to pass judgment on the above-mentioned trend but to contribute to its objective and contemporary assessment.

Resulting from traditional legal research and informal interviews with experts, the project aims at examining how – if at all possible – IHL could be more systematically, appropriately and correctly dealt with by the human rights mechanisms emanating from the Charter of the United Nations, as well from universal and regional treaties.

While this research does not aim at providing a detailed comparative assessment of how all existing (international, regional or domestic) mechanisms have dealt with IHL, examined or made pronouncements on IHL, it will:

  • Provide a useful background for discussion at the scientific colloquium of the 2019 Geneva Human Rights Week (14–-15 November 2019), and
  • Identify lessons learned from the practice of human rights mechanisms in order to assist stakeholders (especially States) in potentially adopting a coherent and systematized positioning vis-à-vis the implementation of IHL by such mechanisms.

RESEARCHERS

Portrait of Emilie Max

Émilie Max

Researcher

Émilie Max's research focuses s on the intersection between international humanitarian law and international human rights law

Publications

Cover of the publication

Implementing International Humanitarian Law Through Human Rights Mechanisms: Opportunity Or Utopia?

October 2019

Émilie Max

Geneva Academy of International Humanitarian Law and Human Rights

Download >

NEWS AND EVENTS

Emilie Max at her desk at the Geneva Academy News

Meet our Researchers: Émilie Max

January 2020

Émilie Max is one of our researchers. She tells us about her background, the research projects she works on and why she decided to work in this field.

Read more >

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

New Paper Discusses IHL Implementation through Human Rights Mechanisms

October 2019

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.

Read more >

MORE ON THIS THEMATIC AREA

Portrait of Hannah Milena Elias News

MAS in Transitional Justice, Human Rights and the Rule of Law: What our Students Say

February 2021

In this interview, Hannah-Milena Elias, currently enrolled in our MAS in Transitional Justice, Human Rights and the Rule of Law, tells about the programme and life in Geneva.

Read more

Entrance of the Defensoria Publica News

Experts Discuss Strategies for more Effective National Human Rights Systems

December 2020

Experts from Geneva-based human rights mechanisms and representatives from more than 20 different national human rights systems discussed in an online meeting the implementation of human rights standards through national human rights systems.

Read more

Event

Stop Enforced Disappearances

March 2021, 15:00-17:00

This online event will discuss experiences and outcomes of actions taken to promote the ratification of the International Convention for the Protection of all Persons from Enforced Disappearances.

Read more

A farmer in her field, DRC Training

The United Nations Declaration on the Rights of Peasants

6- September 2021

From its adoption to its content and implementation, this training course provides a comprehensive overview of the United Nations Declaration on the rights of peasants, as well as tools to protect and promote the rights of peasants, rural women, fisher, pastoralist and nomadic communities, as well as agricultural workers.

Read more

An aerial view of camps for internally displaced persons (IDPs), which have appeared following latest attacks by M23 rebels and other armed groups in the North Kivu region of the Democratic Republic of the Congo (DRC). Short Course

International Refugee Law

30 April - May 2021

This short course, which can be followed in Geneva or online, analyses the main international and regional norms governing the international protection of refugees. It notably examines the sources of international refugee law, including the 1951 Geneva Convention Relating to the Status of Refugees, and their interaction with human rights law and international humanitarian law.

Read more

Panel Discussion: Project

Treaty Body Members’ Platform

Started in January 2014

The Treaty Body Members’ Platform connects experts in UN treaty bodies with each other as well as with Geneva-based practitioners, academics and diplomats to share expertise, exchange views on topical questions and develop synergies.

Read more

Screen Shot of Obsolete, a game made for the 7DFPS project in 7 days. Download for PC and Mac Project

Disruptive Military Technologies

Started in February 2020

Via a new lecture series on disruptive military technologies, this project aims at staying abreast of the various military technology trends; promoting legal and policy debate on new military technologies; and furthering the understanding of the convergent effects of different technological trends shaping the digital battlefield of the future.

Read more

Cover page of the Briefing Publication

National Human Rights Strategies: The Role of National Human Rights Systems in the Implementation of International Human Rights Standards

published on January 2021

Domenico Zipoli

Read more