Implementing International Humanitarian Law Through Human Rights Mechanisms: Opportunity Or Utopia?

Beyond the International Committee of the Red Cross (ICRC), international humanitarian law (IHL) currently lacks mechanisms to ensure effectively its own compliance.

Such structural flaw has left victims of violations ‘in search of a forum’ and thus prompted a frequent recourse to the more-developed human rights machinery, even if the opportuneness of this tendency has long been – and remains – debated in both intergovernmental and scholarly forums.

The working paper Implementing International Humanitarian Law through Human Rights Mechanisms: Opportunity or Utopia? provides an overview of this trend, derives provisional lessons-learned on the opportuneness of human rights bodies dealing with IHL and examines issues that would deserve further academic and/or practical examination.

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.

This paper was presented at a scientific colloquium on this issue at the 2019 Geneva Human Rights Week organized by the University of Geneva in cooperation with the Geneva Academy.

AUTHOR

Portrait of Emilie Max

Émilie Max

Researcher

Émilie Max's research focuses s on the intersection between international humanitarian law and international human rights law

NEWS AND EVENTS

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.

Read more >

MORE ON THIS THEMATIC AREA

Portrait of Dr Annyssa Bellal News

Dr Annyssa Bellal Will Discuss IHL Monitoring and Compliance at the UNGA Ministerial Week

20 September 2021

Our Senior Research Fellow and Strategic Adviser on International Humanitarian Law Dr Annyssa Bellal will discuss IHL monitoring and compliance at a High-Level Side Event during the UN General Assembly Ministerial Week.

Read more

Sima Samar at the conference News

Sima Samar Will Deliver the Keynote Speech at the Geneva Human Rights Platform 2021 Annual Conference

21 September 2021

Sima Samar, former Chairperson of the Afghanistan Independent Human Rights Commission, will deliver the keynote speech at the 2021 Annual Conference of the Geneva Human Rights Platform.

Read more

Cover page of the book Event

Book Launch: Rebel Courts

1 December 2021, 17:30-19:00

In this online book launch – part of our IHL Talk series – Professor René Provost will discuss with leading scholars in IHL and human rights the legal and practical challenges related to the administration of justice by armed groups.

Read more

Silhouette in front of a screen Event

Building Blocks for Tech Regulation – A Business and Human Rights Approach

30 November 2021, 10:25-11:40

This panel at the 2021 UN Forum on Business and Human Rights, co-organized with the OHCHR B-Tech project, will discuss the idea of a so-called ‘UNGPs check’ to inform the design of tech regulation.

Read more

Short Course

The Law of Non-International Armed Conflicts

17 March - 8 April 2022

This short course, which can be followed in Geneva or online, discusses the protection offered by international humanitarian law (IHL) in non-international armed conflicts (NIACs) and addresses some problems and controversies specific to IHL of NIACs, including the difficulty to ensure the respect of IHL by armed non-state actors.

Read more

An aerial view of camps for internally displaced persons (IDPs), which have appeared following latest attacks by M23 rebels and other armed groups in the North Kivu region of the Democratic Republic of the Congo (DRC). Short Course

International Refugee Law

9 March - 13 April 2022

This short course, which can be followed in Geneva or online, analyses the main international and regional norms governing the international protection of refugees. It notably examines the sources of international refugee law, including the 1951 Geneva Convention Relating to the Status of Refugees, and their interaction with human rights law and international humanitarian law.

Read more

Session of a UN Treaty Body Project

Treaty Bodies Individual Communications Procedures

Started in January 2019

Read more

On the screen, on the screen is Peter Maurer, President of the International Committee of the Red Cross (ICRC), briefing the Security Council on the 70th Anniversary of Geneva Conventions. Project

International Humanitarian Law and the United Nations Security Council

Started in January 2020

Read more

cover of the publication Publication

Promoting Quality Independent and Diverse Treaty Body Membership

published on November 2021

Claire Callejon

Read more