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

Orphanage in Chiredzi, Zimbabwe. News

The Geneva Human Rights Platform Accompanied the Adoption of a UN Statement on Illegal Intercountry Adoptions

4 October 2022

Two UN treaty bodies, three UN Special Rapporteurs and the UN Working Group on Enforced or Involuntary Disappearances issued a Joint Statement on illegal intercountry adoptions.

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Aerial view of destroyed buildings News

Experts Discuss the Use of Open-Source Information to Document IHL and Human Rights Violations

10 January 2023

A one-day consultation aimed at discussing with a variety of experts the challenges, opportunities and best practices arising from an increased reliance on open source information in accountability processes.

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Cover page of the Commentary Event

Taking Stock: Women’s Rights and Gender-Based Discrimination under Scrutiny at the International Level

12 May 2023, 10:00-12:00

This event marks the publication of the second, fully revised and updated, edition of ‘The UN Convention of the Elimination of All Forms of Discrimination against Women and its Optional Protocol. A Commentary’.

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Portrait of Magistrate Roberto Vidal Event

Taking Stock of Five Years of Work at the Special Jurisdiction for Peace: Challenges and Achievements

31 March 2023, 18:30-20:00

In this discussion co-organized with the Permanent Mission of Colombia to the UN in Geneva, the President of Colombia's Special Jurisdiction for Peace Magistrate Roberto Vidal will discuss the challenges and achievements of this body.

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A general view of participants during of the 33nd ordinary session of the Human Rights Council. Training

The Universal Periodic Review and the UN Human Rights System: Raising the Bar on Accountability

13-17 November 2023

This training course will explore the origin and evolution of the Universal Periodic Review (UPR) and its functioning in Geneva and will focus on the nature of implementation of the UPR recommendations at the national level.

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Garment workersto receive food from their factory during lunch time. This food is freely provided by their factory in order to ensure that workers eat healthy and hygienic food. Training

Business and Human Rights

4-8 September 2023

This training course will focus on the most efficient human rights mechanisms – at national and international levels – to promote and protect human rights in the private sector and address corporations’ human rights abuses.

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Flyer presenting the Geneva Human Rights Platform with other publications of the Geneva Academy on display Project

GHRP Briefings

Started in January 2019

The GHRP Briefings provide an opportunity for all stakeholders to discuss the results of the United Nations (UN) Treaty Body (TB) 2020 Review and practical ways to implement change.

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View of a session of the UN Human Rights Council Project

Human Rights Conversations

Started in January 2020

A series of events aimed at discussing contemporary issues and challenges related to the promotion and protection of human rights in Geneva and beyond.

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Cover of the publication Publication

The Emergence of Digital Human Rights Tracking Tools and Databases

published on March 2023

Domenico Zipoli

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