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Ensuring national compliance with IHL: The role and impact of national IHL committees

Published online by Cambridge University Press:  01 September 2015

Cristina Pellandini
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Extract

Since the First Geneva Convention was adopted in 1864, international humanitarian law (IHL) has become a complex and steadily developing body of international law. Its conventions, protocols and customary rules encompass a large range of subjects, from the protection of the sick and wounded, civilians, civilian objects, prisoners of war and cultural property to the restriction or prohibition of specific types of weapons and methods of warfare. All parties to a conflict are bound by applicable IHL, including armed groups involved in non-international armed conflicts.

Type
Reports and Documents
Information
International Review of the Red Cross , Volume 96 , Issue 895-896: Generating respect for the law , December 2014 , pp. 1043 - 1048
Copyright
Copyright © icrc 2015 

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References

1 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, 22 August 1864.

2 For the current status of ratifications of all IHL and related instruments, see: www.icrc.org/ihl (all internet references last visited in October 2014).

3 See Vienna Convention on the Law of Treaties.

4 See Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949, 75 UNTS 31 (entered into force 21 October 1950), Art. 1; Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 August 1949, 75 UNTS 85 (entered into force 21 October 1950), Art. 1; Geneva Convention relative to the Treatment of Prisoners of War, 12 August 1949, 75 UNTS 135 (entered into force 21 October 1950), Art. 1; Geneva Convention relative to the Protection of Civilian Persons in Time of War, 12 August 1949, 75 UNTS 287 (entered into force 21 October 1950), Art. 1; Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, 8 June 1977, 1125 UNTS 3 (entered into force 7 December 1978), Art. 1(1). For an analysis of the obligation to “respect and to ensure respect”, see the contribution by Knut Dörmann and José Serralvo, “Common Article 1 to the Geneva Conventions and the Obligation to Prevent International Humanitarian Law Violations”, in this issue of the Review.

5 Currently 108; see the table showing the existing National IHL Committees at: https://www.icrc.org/en/document/table-national-committees-and-other-national-bodies-international-humanitarian-law.

6 “Commission I: War Victims and Respect for International Humanitarian Law,” International Review of the Red Cross, Vol. 76, No. 310, 1996, p. 37Google Scholar; see also “Recommendations of the Intergovernmental Group of Experts for the Protection of War Victims,” International Review of the Red Cross, Vol. 77, No. 304, 1995, pp. 33 ffGoogle Scholar.

7 For further information on national committees and commissions for IHL, see ICRC, Preventing and Repressing International Crimes: Towards an “Integrated” Approach Based in Domestic Practice, report of the 3rd Universal Meeting of National Committees for the Implementation of International Humanitarian Law, Publication Ref. 4138, 29 October 2013, pp. 89 ff, available at: www.icrc.org/en/war-and-law/strengthening-ihl/national-committees.

8 See ICRC, Guiding Principles Concerning the Status and Methods of Operation of National Bodies for the Implementation of International Humanitarian Law, and ICRC, Practical Advice to Facilitate the Work of National Committees on International Humanitarian Law, which supplements the Guiding Principles, both available at: www.icrc.org/en/war-and-law/strengthening-ihl/national-committees.

9 See the Interministerial Commission for Humanitarian Law website, available at: http://cidh.be/fr/activites%20de%20la%20CIDH#documents_travail.