Implementing International Humanitarian Law Through Human Rights Mechanisms

Completed in December 2021

Beyond the International Committee of the Red Cross (ICRC), 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.

This research project – carried out by Emilie Max – 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.

NEWS

Emilie Max at her desk at the Geneva Academy News

Meet our Researchers: Émilie Max

20 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

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.

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OUTPUT

Towards an IHL Expert Pool

The research piloted the creation of an IHL expert pool at the service of universal and/or regional treaty-based human rights mechanisms to be hosted at the Geneva Academy. Experts participating in this pool would share their knowledge and experiences in order to provide advice/guidance notably to UN treaty bodies  – notably through amicus curiae, public positions and comments of drafts – depending on the avenues foreseen in the relevant human rights treaties.

Framing the Issue and Identifying Lessons Learned

The Working Paper Implementing International Humanitarian Law through Human Rights Mechanisms: Opportunity or Utopia? identifies 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

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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Past Events

The role of human rights mechanisms in implementing international humanitarian law

13-14 November 2019

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MORE ON THIS THEMATIC AREA

Cable network photo News

Assessing the Impact of Novel Technologies for Humanitarian Protection in Armed Conflict

10 May 2022

Our new Working Paper provides an overview of the various novel technologies that together form part of the ‘future digital battlefield’ and assesses some of the implications they have for humanitarian protection in armed conflict.

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Destroyed building, Ukraine News

Time to Apply to our Executive Master in International Law in Armed Conflict

2 May 2022

Applications for the upcoming academic year of our Executive Master in International Law in Armed Conflict are open. They will run until 30 June 2022 – meaning that interested candidates have two months to apply – with courses starting at the end of September 2022.

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Prison visit by the Inter-American Commission on Human Rights in Haiti Short Course

The Implementation of International Human Rights Law

Fall 2022

This short course, which can be followed in Geneva or online, aims at presenting the institutions and procedures in charge of the implementation of international human rights law.

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Greece, ylakio, pre-removal center. Short Course

Introduction to International Human Rights Law

Fall 2022

This short course, which can be followed in Geneva or online, will provide participants with an introduction to substantive human rights law. It will start with an introduction to the nature and sources of international human rights law and its place in the international legal system. The course will then provide a presentation of the main principles applicable to substantive rights (jurisdiction, obligation and limitations).

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A wheelchair completely destroyed after the bombing of a civilian area Project

Disability and Armed Conflict

Completed in May 2016

This project aimed to ensure better protection of and assistance for persons with disabilities in situations of armed conflict or its aftermath by identifying legal obligations to protect and assist persons with disabilities during conflict, and the policies and practices required to put these obligations into effect.

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Mine Project

Business, Human Rights and Conflict-Affected Regions

Started in July 2021

This project aims to further identify and clarify policies and practices for States and business, including public and private investors, across the full ‘conflict cycle’ and the ‘Protect, Respect and Remedy’ pillars of the UN Guiding Principles on Business and Human Rights.

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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

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