16 September 2019
Investigations into alleged violations of international humanitarian law (IHL) by the parties to an armed conflict are not only crucial to securing respect for IHL, but also to preventing future violations and enabling redress for victims of past violations. Despite the unquestionable importance of investigations, there is a lack of detail with regard to the international law, principles and standards relevant to investigations in armed conflicts. This is further reflected in the disparate practice across States in the way investigations are carried out. These Guidelines aim to bring much needed clarity and support for the conduct of effective investigations into violations of IHL.
The Guidelines are the result of a five-year project, initiated in 2014 by the Geneva Academy of International Humanitarian Law and Human Rights and joined in 2017 by the International Committee of the Red Cross.
The resulting publication is based on extensive research and is also informed by a series of expert workshops and engagement with stakeholders. The 16 Guidelines are each accompanied by a detailed commentary and provide guidance on the different aspects of investigations into violations of IHL, from the early stages of recording information and identifying the incidents that require investigation, through to the structural and procedural aspects of investigative bodies. The text presents a basis for the conduct of effective investigations, while taking into account the diverse legal and military systems that exist, as well as the legal and practical challenges that can arise.
These Guidelines are an essential tool not only for States aiming to conduct investigations of IHL violations in compliance with international law, but also for other bodies and individuals seeking a more detailed understanding of investigations in armed conflict.
The Guidelines will be launched in a series of events, notably one on 10 October in New York during the upcoming United Nations General Assembly.
Kyryl Savin/Heinrich-Böll-Stiftung
Discover our resources and what our experts say about the situation in Ukraine, with regular updates to include new events, articles and comments!
Geneva Academy
To kick-start the activities of the 'IHL in Focus' project and refine its approach, a two-day expert meeting of representative practitioners and scholars from different disciplines was convened.
OUP
In this book launch our Swiss IHL Chair, Professor Marco Roscini, will discuss the main findings of his new book on the principle of non-intervention with leading experts.
ICRC
This online 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.
ICRC
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.
UN Photo/Violaine Martin
The IHL-EP works to strengthen the capacity of human rights mechanisms to incorporate IHL into their work in an efficacious and comprehensive manner. By so doing, it aims to address the normative and practical challenges that human rights bodies encounter when dealing with cases in which IHL applies.
The Rule of Law in Armed Conflicts project (RULAC) is a unique online portal that identifies and classifies all situations of armed violence that amount to an armed conflict under international humanitarian law (IHL). It is primarily a legal reference source for a broad audience, including non-specialists, interested in issues surrounding the classification of armed conflicts under IHL.