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Thematic update on national implementation of international humanitarian law, 2014–2019
Published online by Cambridge University Press: 22 May 2020
The ICRC's Advisory Service on International Humanitarian Law aims to provide a systematic and proactive response to efforts to enhance the national implementation of international humanitarian law. Working worldwide, through a network of legal advisers, to supplement and support governments’ own resources, its four priorities are: (i) to encourage and support adherence to IHL-related treaties; (ii) to assist States by providing them with specialized legal advice and the technical expertise required to incorporate IHL into their domestic legal frameworks; (iii) to collect and facilitate the exchange of information on national implementation measures and case law; and (iv) to support the work of committees on IHL and other entities established to facilitate the IHL implementation process.
This selection of national legislation and case law has been prepared by Antoana Nedyalkova, Legal Associate at the ICRC Advisory Service on International Humanitarian Law, with the collaboration of regional legal advisers.
1 In order to assist States, the ICRC Advisory Service proposes a multiplicity of tools, including thematic fact sheets, ratification kits, model laws and checklists, as well as reports from expert meetings, all available at: www.icrc.org/en/war-and-law/ihl-domestic-law (all internet references were accessed in January 2020).
2 For information on national implementation measures and case law, please visit the ICRC Database on National Implementation of IHL, available at: www.icrc.org/ihl-nat.
3 To view the full list of IHL-related treaties, please visit the ICRC Treaty Database, available at: https://ihl-databases.icrc.org/ihl.
4 Available at: https://tinyurl.com/rfzps94.
5 Available at: https://tinyurl.com/yb3fzjh8.
6 Available at: https://tinyurl.com/y9fl7l6c.
7 See above note 2.
8 Available at: https://tinyurl.com/ugjbasc.
9 The text of Resolution 1612 is available at: https://tinyurl.com/rdr6ko9.
10 Available at: https://tinyurl.com/u8m25tu.
11 Available at: https://tinyurl.com/w4oox64.
12 UN Committee on the Rights of the Child, State Party Report: Estonia, UN Doc. CRC/C/OPAC/EST/1, 3 June 2016, para. 28, available at: https://tinyurl.com/soeswkc.
13 Available at: https://tinyurl.com/velb458.
14 Available at: https://tinyurl.com/u7tfchg.
15 Available at: https://tinyurl.com/sc9k3nv.
16 See above note 9.
17 Available at: https://tinyurl.com/vgjqs5y.
18 India has been a party to the Convention on the Rights of the Child since 11 December 1992, and to its Second Optional Protocol since 30 November 2005.
19 Available at: https://tinyurl.com/ue6qg2x.
20 Available at: https://tinyurl.com/sgvmdgw.
21 Available at: https://tinyurl.com/reh256n.
22 Available at: https://tinyurl.com/qsbsp7y.
23 Available at: https://tinyurl.com/ycr29fes.
24 Available at: https://tinyurl.com/rh9j38b.
25 Available at: https://tinyurl.com/sjmc5kk.
26 In this regard, it should be noted that under Article 1(1) of the Law of Ukraine on Ensuring the Rights and Freedoms of Internally Displaced Persons, internally displaced persons are Ukrainian citizens, as are foreigners and stateless persons who are legally in the territory of Ukraine and have the right to permanently reside there, and who have left behind or abandoned their place of residence as a result of, or to avoid the negative consequences of, conflict, temporary occupation, widespread violence, violation of human rights, or natural or man-made disaster.
27 Available at: https://tinyurl.com/suhxofc.
28 Available at: https://tinyurl.com/tkzaalz.
29 Available at: https://tinyurl.com/tr4r52x.
30 Available at: https://tinyurl.com/wkk5xuj.
31 Available at: https://tinyurl.com/t7cgvzd.
32 This means that adulthood is attained on the individual's 19th birthday.
33 Available at: https://tinyurl.com/wv4sbc8.
34 Available at: https://tinyurl.com/qpg5ynu.
35 Available at: https://tinyurl.com/rgsruhd.
36 Section 5(c) of the Act defines “armed conflict” as armed confrontations occurring between government forces and one or more armed groups, or between such groups, arising in the Philippine territory. This includes activities which may lead up to or are undertaken in preparation for armed confrontation or armed violence that put children's lives at risk and violate their rights. The Act does not seem to apply to children affected by international armed conflict.
37 Available at: https://tinyurl.com/s5lxtzp.
38 Available at: https://tinyurl.com/supdxo6.
39 Quebec Superior Court, Désiré Munyaneza Case, 22 May 2009, available at: https://tinyurl.com/wajz465.
40 Available at: https://tinyurl.com/tlbc5gw.
41 Available at: https://tinyurl.com/ved3scp.
42 Available at: https://tinyurl.com/rcxualq.
43 Available at: https://tinyurl.com/wrugowt.
44 Available at: https://tinyurl.com/rewkgsl.
45 Available at: https://tinyurl.com/smb6rn9.