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

The role of human rights mechanisms in implementing international humanitarian law

13-14 November 2019

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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

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NEWS AND EVENTS

Emilie Max at her desk at the Geneva Academy News

Meet our Researchers: Émilie Max

20 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.

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

New Paper Discusses IHL Implementation through Human Rights Mechanisms

31 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.

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MORE ON THIS THEMATIC AREA

Businessman using his lapto News

Experts Discuss the Humanitarian and Societal Impact of Military Cyber Operations

1 March 2021

At an online workshop – one of the first steps of a research project on the humanitarian consequences and protection needs caused by the digitalization of armed conflicts – cyber experts discussed the humanitarian and societal impact of military cyber operations.

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LLM in International Humanitarian Law and Human Rights: What our Students Say

16 December 2020

Tamara Aburamadan, currently enrolled in our LLM in International Humanitarian Law and Human Rights, tells us about the programme and life in Geneva.

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Open House: Executive Master in International Law in Armed Conflict

16 June 2021, 12:30-13:30

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.

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View of a session of the UN Human Rights Council Event

UN Human Rights Council at 15 – Role and Perspectives

28 April 2021, 13:00-14:30

This online event – co-organized with the Polish Institute of International Affairs (PISM) and the Embassy of Switzerland in Poland – will discuss the Council’s membership and internal dynamics, as well as selected mechanisms.

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Prison visit by the Inter-American Commission on Human Rights in Haiti Short Course

The Implementation of International Human Rights Law

Winter 2022

This short course, which can be followed in Geneva or online, aims at presenting the institutions and procedures in charge of the implementation of international human rights law.

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Côte d'Ivoire,  Abidjan, military instruction center in Akandjé. An ICRC dissemination session on international humanitarian law for the 1st bataillon of commando paratroopers. Short Course

The Implementation of International Humanitarian Law

Winter 2022

This short course, which can be followed in Geneva or online, will cover the ‘nuts and bolts’ of implementation, including national legislation, dissemination and training, and discuss the mechanisms such as the International Fact-Finding Commission, as set out in the treaties.

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Session of a UN Treaty Body Project

Treaty Bodies Individual Communications Procedures

Started in January 2019

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First annual conference of the Geneva Human Rights Platform Project

The Annual Conference of the Geneva Human Rights Platform

Started in June 2019

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cover of the publication Publication

Military Briefing: Persons with Disabilities and Armed Conflict

published on March 2021

Alice Priddy

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