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

A general view of participants during the 54nd session of the Human Rights Council News

New Paper Unlocks the Potential of the UN Human Rights Council in Global Conflict Prevention

3 November 2023

Our new policy brief Delivering the Right to Peace: Towards a Reinforced Role of the Human Rights Council in the UN's Peace and Security Framework delves into the possibilities of enhancing the Human Rights Council's involvement in the UN's peace and security functions.

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Map of the Rulac online portal pointing on Israel/Palestine News

RULAC: Update of our Entry on the Military Occupation of Palestine by Israel

27 November 2023

Our Research Fellow Dr Eugénie Duss answers our questions related to this update that follows the attacks carried out by Hamas and the Palestinian Islamic Jihad and Israel’s subsequent Iron Sword operation.

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AI Image of Military Person using a drone Event

Artificial Intelligence in Military Decision Making: Legal and Humanitarian Implications

14 May 2024, 18:30-19:45

Co-hosted by the ICRC and the Geneva Academy, at the ICRC headquarters in Geneva, this event aims to disseminate key findings on the use of artificial intelligence in military decision making.

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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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Project

Follow-up Review Pilot Series

Started in November 2021

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Online folders Project

Digital Human Rights Tracking Tools and Databases

Started in March 2023

This initiative wishes to contribute to better and more coordinated implementation, reporting and follow-up of international human rights recommendations through a global study on digital human rights tracking tools and databases.

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Cover Page of Research Brief Publication

Unpacking the Climate Migration Extremism Nexus Mapping the Coping Strategies of Kenyan Pastorialists

published on April 2024

Erica Harper, Yosuke Nagai

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