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

Beyond the International Committee of the Red Cross (ICRC), international humanitarian law (IHL) currently lacks mechanisms to ensure effectively its own compliance.

Such structural flaw has left victims of violations ‘in search of a forum’ and thus prompted a frequent recourse to the more-developed human rights machinery, even if the opportuneness of this tendency has long been – and remains – debated in both intergovernmental and scholarly forums.

The working paper Implementing International Humanitarian Law through Human Rights Mechanisms: Opportunity or Utopia? provides an overview of this trend, derives provisional lessons-learned on the opportuneness of human rights bodies dealing with IHL and examines issues that would deserve further academic and/or practical examination.

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.

This paper was presented at a scientific colloquium on this issue at the 2019 Geneva Human Rights Week organized by the University of Geneva in cooperation with the Geneva Academy.

NEWS AND EVENTS

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.

Read more >

MORE ON THIS THEMATIC AREA

Norway flag News

Guidance to the Norwegian Government Pension Fund Global on Current Armed Conflicts and IHL

5 May 2022

At the request of the Fund's Council on Ethics, the Geneva Academy provided background information – in the form of a report – on current armed conflicts and international humanitarian law.

Read more

Grenada flag News

Second Treaty Body Focused Review Pilot to Take Place in Grenada

15 March 2022

Following Sierra Leone in December 2021, the second focused review pilot will take place in Grenada from 23 to 24 March 2022.

Read more

Syria,  Aleppo, great Umayyad mosque. Destructions. Short Course

The Interplay between International Humanitarian Law and Human Rights

Spring 2023

This short course, which can be followed in Geneva or online, focuses on the specific issues that arise in times of armed conflict regarding the respect, protection and fulfilment of human rights. It addresses key issues like the applicability of human rights in times of armed conflict; the possibilities of restricting human rights under systems of limitations and derogations; and the extraterritorial application of human rights law.

Read more

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

Spring 2023

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.

Read more

Sign: National Human Rights Commission of Nepal Project

Local Implementation of Global Human Rights

Started in May 2020

The Geneva Human Rights Platform collaborates with a series of actors to reflect on the implementation of international human rights norms at the local level and propose solutions to improve uptake of recommendations and decisions taken by Geneva-based human rights bodies at the local level.

Read more

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

Implementing International Humanitarian Law Through Human Rights Mechanisms

Completed in April 2019

This project 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.

Read more

Cover of the publication Publication

Implementing the Treaty Body Review 2020 – Where do we stand

published on May 2022

Felix Kirchmeier, Chloé Naret, Domenico Zipoli

Read more