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

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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.

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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

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

Lisa Borden in Front of the Palais des Nations in Geneva News

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

January 2020

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.

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Name plate of the UN Secretary-General News

Treaty Bodies, States and NGOs Discuss the Last Report of the UN Secretary General

March 2020

At a meeting of the Geneva Human Rights Platform, diplomats, members of UN treaty bodies (TBs) and civil society representatives discussed and exchanged around this document and the upcoming review of UN TBs by the UN General Assembly.

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Destroyed health facilities in Libya Event

Fighting Two Battles at the Same Time: Responding to Covid-19 in Conflict Zones

April 2020, 12:30-13:45

This online IHL Talk will discuss the challenges faced by humanitarian organizations in organizing the response to COVID-19, and states' obligation of due diligence to prevent the further spread of the virus.

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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

2- November 2020

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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Small irrigation system with polluted water in N’Zerekore, Guinea Training

The Protection of Human Rights and the Environment

23- November 2020

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.

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

Implementing International Humanitarian Law Through Human Rights Mechanisms

Started in April 2019

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.

Read more

Session of the UN Human Rights Committee Project

Treaty Body Review 2020

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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Cover of the publication Publication

Human Rights and the Governance of Artificial Intelligence

published on March 2020

Ana Beduschi

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