The Geneva Conventions at 70: Our Ongoing Contribution to their Implementation

Marco Sassoli reading the Geneva Conventions Marco Sassoli reading the Geneva Conventions

12 August 2019

By Professor Marco Sassòli, Director of the Geneva Academy

As the Geneva Conventions turn 70, they still constitute the cornerstone of the international humanitarian law (IHL) we contribute to disseminate, interpret and implement. Based in the heart of international Geneva, at the Villa Moynier – named after Gustave Moynier, one of the co-founders of the International Committee of the Red Cross (ICRC) – we teach the Geneva Conventions to students and practitioners from all around the world. The Geneva Conventions are also at the center of our research into IHL, and of countless meetings we convene among diplomats, academics, civil society and military and civilian practitioners to discuss current challenges in protecting those affected by armed conflicts.

It has been possible to adopt the Geneva Conventions back in 1949 – when the cold war started, with Stalin’s Soviet Union and the then colonial powers at the negotiating table – to provide meaningful protection for the wounded, sick and shipwrecked, prisoners of war and civilians in particular in occupied territories. States wanted to avoid a repetition of the horrors of the Second World War. Furthermore, for the first time, fundamental guarantees for all those not or no longer participating in hostilities in non-international armed conflicts, addressed to governments and rebels alike, were adopted. All this should embarrass and make those who represent States today pause, as they are unable to find consensus on even the most harmless developments of IHL and its implementing mechanisms. Indeed, the challenge today is not to update the Geneva Conventions on their few outdated aspects (such as the amount of advance of pay for prisoners of war or the prohibition for hospital ships to use a ‘secret code’), but to generate better respect for the Conventions.

Recently, states could not find consensus on a very harmless implementation mechanism initiated by Switzerland and the ICRC. Everyone agreed, however, that the Geneva Conventions are still relevant, but that their respect is insufficient. Consensus has just been lacking on the mechanism to enhance respect that was suggested. In my view, this stalemate must be overcome or the underlying hypocrisy at least unmasked. It is inconceivable to accept IHL but not to accept any mechanism at all. Should every State be allowed – but also undertake to choose its own mechanism? The result of such mechanisms could then be compared and their impact evaluated. Thus discussions would be decontextualized and relatively depoliticized, and states would be deprived of the alibi claim that they would prefer another, better mechanism. Another avenue would perhaps be to compare best practices in national implementation measures, including on how and based on what interpretations states and armed groups train weapons bearers.

Notwithstanding these setbacks, we will continue to disseminate the basic message of the Geneva Conventions that the enemy, even those we fight against for a just cause, even the ‘terrorists’, deserve basic guarantees of respect in an armed conflict. (and the details of the Geneva Conventions) in our master’s programmes by training young people who are or will eventually become the decision-makers and leaders of tomorrow.

We will also continue to clarify the meaning of these key IHL instruments in contemporary circumstances in policy studies and expert meetings.

On this important day, we are also particularly proud to have contributed to a highlight published today by the ICRC with case studies we elaborated to illustrate different aspects of the Geneva Conventions and their pivotal role or the protection of people affected by armed conflicts.

Last but not least, tomorrow, our Strategic Adviser on IHL, Dr Annyssa Bellal, has been invited, together with the President of the ICRC Peter Maurer and the UN Under-Secretary-General for Legal Affairs Miguel de Serpa Soares, to brief the UN Security Council on the Geneva Conventions. May this be the starting point for a new sense of ownership of the Geneva Conventions by States, armed groups and public opinion. They are part of our common heritage of humanity!

MORE ON THIS THEMATIC AREA

Alexis Comninos, LLM student at the Geneva Academy, in front of the Bains des Pâquis News

LLM in International Humanitarian Law and Human Rights: What our Students Say

11 January 2017

In this interview, Alexis Comninos, currently enrolled in the LLM in International Humanitarian Law and Human Rights, tells us about the programme and life in Geneva.

Read more

Workshop in the oPt on disability in armed conflict News

Addressing the Protection of Persons with Disabilities in Gaza and the West Bank

20 November 2018

Our Senior Researcher Alice Priddy led last week a series of workshops in Gaza and the occupied West Bank concerning the protection of persons with disabilities living in the occupied Palestinian territories.

Read more

Logo of the Atlas Network Event

Women's Perspectives on a Career in International Law

18 December 2019, 12:30-14:00

This event, co-organized with the ATLAS Network will feature prominent women in international law. Coming from different professional backgrounds, they will share their experience and advice through an interactive discussion.

Read more

Short Course

The Law of Non-International Armed Conflicts

2 April - 8 May 2020

This short course 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

A wide view of the UN Security Council Short Course

Sanctions in Public International Law

14 February - 13 March 2020

This short course provides an introduction to the regime of sanctions under international law and their effectiveness in addressing contemporary forms of conflict. It addresses the questions related to state responsibility, the pacific settlement of international disputes and the role of the International Court of Justice.

Read more

UN Peacekeepers on Patrol in Abyei, Sudan. Zambian peacekeepers from the United Nations Mission in Sudan (UNMIS) patrol streets lined with looted items awaiting collection in Abyei, the main town of the disputed Abyei area on the border of Sudan and newly Project

The Intersection between Transitional Justice, International Security and Responsibility to Protect

Started in February 2017

This project aims at mapping various existing accountability mechanisms, in the context of military interventions, through the lens of the requirements of a transitional justice process in order to identify possibilities and gaps.

Read more

Libya, Misrata, Tripoli Street. Combattants carefully move into a building. Project

Armed Non-State Actors and the Protection of Civilians

Completed in March 2010

This research project looked at the reactions to norms of more than 30 armed groups worldwide.

Read more