Implementing International Humanitarian Law Through Human Rights Mechanisms

Completed in December 2021

Beyond the International Committee of the Red Cross (ICRC), 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.

This research project – carried out by Emilie Max – examined how IHL could be more systematically, appropriately, and correctly dealt with by the human rights mechanisms emanating from the UN Charter, as well as from universal and regional treaties.

NEWS

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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OUTPUT

Towards an IHL Expert Pool

The research piloted the creation of an IHL expert pool at the service of universal and/or regional treaty-based human rights mechanisms to be hosted at the Geneva Academy. Experts participating in this pool would share their knowledge and experiences in order to provide advice/guidance notably to UN treaty bodies  – notably through amicus curiae, public positions and comments of drafts – depending on the avenues foreseen in the relevant human rights treaties.

Framing the Issue and Identifying Lessons Learned

The Working Paper Implementing International Humanitarian Law through Human Rights Mechanisms: Opportunity or Utopia? identifies 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

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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Past Events

The role of human rights mechanisms in implementing international humanitarian law

13-14 November 2019

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MORE ON THIS THEMATIC AREA

Smartphone screen News

Aligning Regulations of Business Conduct in the Technology Sector with Human Rights

29 April 2022

A new Research Brief on Regulating Business Conduct in the Technology Sector: Gaps and Ways Forward in Applying the UNGPs depicts the prominent gaps in regulatory approaches to business conduct in the technology sector with regard to the UNGPs.

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Picture of all students in Ministry of Security Directorate for coordination of Police Bodies of Bosnia and Herzegovina News

Students Spend One Week in the Balkan for their Annual Study Trip

26 July 2022

Students of our LLM in International Humanitarian Law (IHL) and Human Rights (LLM) and MAS in Transitional Justice, Human Rights and the Rule of Law (MTJ) spent a week in the Balkans – Belgrade, Sarajevo and Srebrenica – where they met experts and institutions who work in the fields of IHL, human rights and transitional justice. 

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Persons walking in front of a blue wall Event

Strike While It's Hot: Protecting and Advancing Human Rights Online

4 October 2022, 13:15-14:45

This side event at the margins of the 51st session of the UN Human Rights Council will discuss areas of progress as well as critical gaps in the international affirmation and protection of human rights in the digital age.

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Event

2022 Annual Conference of the Geneva Human Rights Platform

18 October 2022, 09:00-19:00

The 2022 Annual Conference will focus on digital connectivity in the field of human rights. This includes a view of the digital connections by and among mechanisms within the human rights system, but also the substantive impacts of digitalization.

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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

7 February - 21 March 2023

This online short course 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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Prison visit by the Inter-American Commission on Human Rights in Haiti Short Course

The Implementation of International Human Rights Law

15 December - 17 January 2023

This online short course aims at presenting the institutions and procedures in charge of the implementation of international human rights law.

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Session of the UN Human Rights Committee Project

Treaty Body Review 2020 and Beyond

Started in January 2018

The Geneva Human Rights Platform contributes to this review process by providing expert input via different avenues, by facilitating dialogue on the review among various stakeholders, as well as by accompanying the development of a follow-up resolution to 68/268 in New York and in Geneva.

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Un plate with Rapporteur Spécial written on it Project

Support to UN Special Procedures

Started in June 2020

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Cover page of the book Publication

Research Handbook on Human Rights and Humanitarian Law

published on September 2022

Gloria Gaggioli, Robert Kolb, Pavle Kilibarda

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