IHL Expert Pool

Started in January 2022

Context

International humanitarian law (IHL) — the body of norms that regulate armed conflicts — does not set out effective monitoring, investigation and compliance mechanisms. This structural flaw prompts more and more victims of IHL violations to turn to other fora in order to facilitate implementation of IHL and/or obtain reparation for breaches thereof.

Such fora include United Nations human rights treaty bodies, human rights investigative mechanisms and regional human rights courts. Insofar as IHL and human rights are distinct academic and policy domains, this creates scope for the misapplication of IHL.

Objectives

In response, this project seeks to strengthen the capacity of human rights mechanisms to take IHL into account in a comprehensive and efficacious manner when confronted with armed conflict situations.

Drawing on in-house staff and a pool of thematic experts, the project delivers support in two ways. First, it runs bespoke training sessions, including for judges and human rights practitioners. Second, it provides technical advice and assistance on how IHL is relevant to, applies or may have implications in specific cases (amicus curiae briefs, legal submissions and analysis of findings).

This work focuses on key thematic areas identified as posing some of the most serious and frequent threats and thus most likely to be addressed by human rights mechanisms: the right to food in armed conflict, protection of cultural property, environmental violations or the dangers to civilians posed by new military technologies

NEWS AND UPCOMING EVENTS

The European Court of Human Rights Building in Strasbourg, France News

Our Third-Party Intervention in Ukraine and the Netherland v. Russia

30 May 2023

The Geneva Academy has been granted leave by the Court to intervene as a third party in this case – along with 26 governments – and submitted its third-party intervention on 28 April 2023.

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Destroyed buildings in Yemen News

From the European Court of Human Rights to UN Human Rights Mechanisms: A Productive Start for the IHL Expert Pool

27 April 2023

Our new IHL Expert Pool began to position itself as a flexible tool that human rights mechanisms can rely on to increase their international humanitarian law (IHL) knowledge and to apply IHL in their work.

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View of the European Court of Human Rights News

The Geneva Academy Will Intervene as a Third Party in the Case Ukraine and the Netherlands v. Russia

27 March 2023

The Geneva Academy has been granted leave by the European Court of Human Rights to intervene as a third-party – along with 26 governments – in the Inter-State case Ukraine and the Netherlands v. Russia

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RESEARCHERS

Portrait of Francesco Romani

Francesco Romani

Research Fellow

His research interests include international humanitarian law, international cultural heritage law, human rights law, international responsibility and litigation, and the theory of sovereignty.

OUTPUT

The IHL-EP in 2022

During the year, the IHL-EP provided advice to six human rights bodies at both regional and international levels on critical IHL issues. In relation to the armed conflict in Ukraine, the Geneva Academy submitted, along with 23 governments, a request for third-party intervention before the European Court of Human Rights in the case of Ukraine v Russia (X) on several crucial issues raised by that case. These include the extra-territorial application of the European Convention on Human Rights (ECHR), the attribution of conduct and its interaction with the questions of establishing jurisdiction and classifying armed conflicts, the relationship between the ECHR and the international legal prohibition of the threat or use of force and the interplay between the ECHR and IHL.

The IHL-EP also provided advice to several special procedures of the UN Human Rights Council. These include, notably, the UN Special Rapporteur on the right to food for his report on conflict and the right to food; the UN Working Group on the Use of Mercenaries on mercenary-related activities from the standpoint of IHL; and the UN Special Rapporteur on counter-terrorism and human rights for the first independent global study on the impact of counter-terrorism measures on civil society and civic space, with a contribution focusing on the lack of transparent, empirical decision-making and the over-extension and misuse of IHL in counter-terrorism operations.

In response to the increased reliance on open-source information to prosecute and investigate international crimes, the IHL-EP also convened an interdisciplinary experts’ meeting to facilitate intersectoral information sharing and debate on that topic. It also provided advice on this issue to the UN Working Group on Enforced or Involuntary Disappearances and the UN Special Rapporteur on torture.

Publications

Cover page of the third-party intervention

Third-Party Intervention: Ukraine and the Netherlands v. Russia

April 2023

Francesco Romani, Gloria Gaggioli

The Geneva Academy of International Humanitarian Law and Human Rights

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MORE ON THIS THEMATIC AREA

A street in Guayaquil News

Is There a Non-International Armed Conflict in Ecuador?

2 February 2024

Ecuadorian President Daniel Noboa started the new year by declaring that there is an ‘internal armed conflict’ against a series of criminal groups operating in the country. Our Research Fellow Dr Eugénie Duss, in charge of RULAC, answers our questions about whether the situation in Ecuador amounts to a non-international armed conflict.

Read more

News

Third Season of ‘In and Around War(s)’ Launches with Episode on Weaponizing of Water

2 May 2024

Our podcast In and Around War(s) returns for a third season with the first episode discussing the weaponization of water.

Read more

Digital Justice Event

Digital Bridges to Justice: Enhancing Human Rights and SDG Monitoring through Innovative Technologies

3 July 2024, 13:15-14:30

This panel discussion will showcase the transformative potential of digital technologies in monitoring and implementing SDG 16, its interlinkages with other SDGs, and UN human rights recommendations.

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A protest in Peru Event

The Quest for Accountability for the Violations of Freedom of Peaceful Assembly and of Association in Peru: Challenges and Perspectives

1 July 2024, 16:00-18:00

This side event to the 56th session of the Human Rights Council will address the current and main challenges ahead in the protection of the rights of the Peruvian people for freedom of peaceful assembly and of association.

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Open dump Training

Protecting Human Rights and the Environment

2-20 September 2024

Participants in this training course, made of two modules, will examine the major international and regional instruments for the promotion of human rights and the environment, familiarizing themselves with the respective implementation and enforcement mechanisms.

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A general view of participants during of the 33nd ordinary session of the Human Rights Council. Training

The Universal Periodic Review and the UN Human Rights System: Raising the Bar on Accountability

11-15 November 2024

This training course will explore the origin and evolution of the Universal Periodic Review (UPR) and its functioning in Geneva and will focus on the nature of implementation of the UPR recommendations at the national level.

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A destroyed camp for internally displaced persons (IDPs) in Khor Abeche, South Darfur, Project

Understanding the Relationship between Conflict, Security and the Human Right to a Clean, Healthy and Sustainable Environment

Started in May 2023

This project will develop guidance to inform security, human rights and environmental debates on the linkages between environmental rights and conflict, and how their better management can serve as a tool in conflict prevention, resilience and early warning.

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Panel Discussion: Project

Treaty Body Members’ Platform

Started in January 2014

The Treaty Body Members’ Platform connects experts in UN treaty bodies with each other as well as with Geneva-based practitioners, academics and diplomats to share expertise, exchange views on topical questions and develop synergies.

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Cover of Report Publication

Artificial Intelligence And Related Technologies In Military Decision-Making On The Use Of Force In Armed Conflicts: Current Developments And Potential Implications

published on May 2024

Anna Rosalie Greipl, Neil Davison, Georgia Hinds

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