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

Geneva Academy flags on the Mont-Blanc bridge News

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From 14 to 20 November, flags with the Geneva Academy’s logo will be flying on the Mont-Blanc Bridge on the occasion of our 15th anniversary.

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Apply to our MAS in Transitional Justice, Human Rights and the Rule of Law!

28 November 2022

Applications for the 2023–2024 academic year of our MAS in Transitional Justice, Human Rights and the Rule of Law are open. They will run until 27 January 2023 for applications with a scholarship and until 24 February 2023 for applications without a scholarship.

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Nuclear missiles Event

Changing the Rules of the (Nuclear) Game: Voices from the Humanitarian, Technological, Strategic and Legal Fields

20 February 2023, 18:00-19:30

This IHL Talk will address today's place of nuclear weapons, including their humanitarian impact, the impact of technological advancements, the relevance of the deterrence narrative and implications on the international legal framework.

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Syria,  Aleppo, great Umayyad mosque. Destructions. Short Course

The Interplay between International Humanitarian Law and Human Rights

10 February - 14 March 2023

This online short course focuses on the specific issues that arise in times of armed conflict regarding the respect, protection and fulfilment of human rights. It addresses key issues like the applicability of human rights in times of armed conflict; the possibilities of restricting human rights under systems of limitations and derogations; and the extraterritorial application of human rights law.

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Yemen,  Sana'a, Faj Attan district. Destruction. Short Course

From Use of Force to Responsibility to Protect

24 May - 6 June 2023

This online short course provides an overview of the content and evolution of the rules governing the use of unilateral force in international law, including military intervention on humanitarian grounds and the fight against international terrorism. It focuses on the practice of states and international organizations.

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First annual conference of the Geneva Human Rights Platform Project

The Annual Conference of the Geneva Human Rights Platform

Started in June 2019

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Mine Project

Business, Human Rights and Conflict-Affected Regions

Completed in July 2021

This project aimed at identifying and clarifying policies and practices for states and businesses, 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

Assessment Tool for Special Procedures' Impact Evaluation – Developing an Initial Framework

published on January 2023

Jonathan Andrew

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