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National Measures to Implement International Humanitarian Law: A new move by the ICRC

Published online by Cambridge University Press:  13 January 2010

Cornelio Sommaruga
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Abstract

Ever since its foundation, the ICRC has made considerable efforts to develop humanitarian law and to ensure that it is accepted by the States. Indeed, its activity in this field is acknowledged both by the Statutes of the International Red Cross and Red Crescent Movement and by those of the ICRC itself. However, the ICRC is aware of the fact that the treaties which constitute humanitarian law, even if they are duly accepted by the States, could well remain a dead letter unless internal legal and practical measures are taken within State systems to guarantee their application.

Type
Research Article
Information
International Review of the Red Cross (1961 - 1997) , Volume 28 , Issue 263 , April 1988 , pp. 121 - 140
Copyright
Copyright © International Committee of the Red Cross 1988

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References

* This document is not reproduced in this issue. See above, p. 122.

1 Arts. 45 and 48 of the First Convention, 46 and 49 of the Second, 128 of the Third and 145 of the Fourth; Art. 80 of Protocol I.

2 Art. 1 common to the four Conventions; Art. 1, para 1 of Protocol I. This provision embodies the principle that treaties in force must be executed in good faith (Vienna Convention on the Law of Treaties, Art. 26—Pacta sunt servanda). We must assume that the same duty of execution exists for Protocol II, even though it limits itself to the statement of fundamental rules and is silent in this respect.

3 Art. 48 of the First Convention, 49 of the Second, 128 of the Third and 145 of the Fourth; Art. 84 of Protocol I. Even if it is not required by Protocol II, mutual information concerning this instrument would certainly be useful and opportune.

4 The Swiss Federal Council is the depositary of the Conventions and Protocols.

5 See reports entitled “Respect of the Geneva Conventions—Measures taken to Repress Violations”, Volumes I and II submitted by the ICRC respectively to the Twentieth International Conference at Vienna in 1965 and to the Twenty-first International Conference at Istanbul in 1969.

6 This also applies to information concerning Protocol I, as specified in its Articles 84 and 100, sub-para c. The obligation to inform all Parties to the Conventions is justified in any event by the fact that all the Parties to the Conventions are called upon to become Parties to the Protocols.

7 In addition to resolutions asking for reports to the ICRC on measures taken with respect to dissemination, we may refer to Resolution XXVI of the Twentieth International Conference asking that it be given support and information needed to study the problem of repressing violations.

8 Indications relating to the Conventions are taken from their respective Commentaries (Article 48 of the First Convention, 49 of the Second, 128 of the Third and 145 of the Fourth). More details may be found in the Commentary on each of the relevant provisions.

9 Indications relating to Protocol I are taken from its Commentary (Article 80). The relative newness of the Protocols appeared to justify giving more detail than in the case of the Conventions.

10 These indications are taken from “Implementation of the Protocols”, published in the International Review of the Red Cross, No 217 07–08 1980, pp. 198–199 Google Scholar and issued as a reprint.