New Paper Discusses IHL Implementation through Human Rights Mechanisms

A session of the UN Human Rights Committtee at Palais Wilson A session of the UN Human Rights Committtee at Palais Wilson

31 October 2019

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.

‘Issues at stake include the fact that debates on IHL within human rights mechanisms have been criticized for being politicized and applying double standards; for misapplying and/or weakening IHL because of unrealistic requirements; for being unable to address non-State armed groups, which are bound by IHL; for antagonizing important stakeholders such as armed forces; or for weakening the human rights standards whose threshold is higher than that of IHL’ explains Professor Marco Sassòli, Director of the Geneva Academy.

Framing the Issue

Our new 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.

‘This paper does not pass any judgement on this trend – a trend so entrenched that would, in any case, prove hard to pause – but aims at contributing to its dispassionate assessment’ explains Emilie Max, former Researcher at the Geneva Academy and author of the paper.

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.

A Scientific Colloquium at the 2019 Geneva Human Rights Week

This working paper will be 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.

Bringing academics and practitioners, the colloquium will notably discuss whether and how human rights mechanisms can contribute to the implementation of IHL without lowering the protection afforded by international human rights law or weakening the credibility of IHL. These are particularly relevant questions this year, the 70th anniversary of the Geneva Conventions.

MORE ON THIS THEMATIC AREA

neurotech image News

Human Rights Concerns in Neurotechnology Examined in New Research Brief

15 April 2025

Our research brief 'Neurotechnology - Integrating Human Rights in Regulation' examines the human rights challenges posed by the rapid development of neurotechnology.

Read more

IHL in Focus Spot Report News

Spot Report – Water Crisis in War and Under Occupation: Current Israeli Policy and Practice in Occupied Palestinian Territory Under International Humanitarian Law

16 June 2025

The Geneva Academy has published a new spot report analysing Israeli policy and practice relating to water in the Occupied Palestinian Territory through the lens of IHL.

Read more

AI for Good Event Event

AI for human rights: Smarter, faster, fairer monitoring

8 July 2025, 14:00-16:00

The event, as part of the AI for Good Summit 2025 will explore how AI tools can support faster data analysis, help uncover patterns in large datasets, and expand the reach of human rights work.

Read more

Local Government Event

Enhancing National Reporting and Implementation of Human Rights through Coordinated Engagement at the Local and Regional Levels: The Role of NMIRFs

23 July 2025, 10:00-17:00

This seminar explores how national mechanisms for implementation, reporting and follow-up can better integrate the capacities, data, and experiences of local and regional governments in advancing human rights implementation and reporting.

Read more

Universal Declaration of Human Rights Booklet Training

The International Human Rights Standards and System: Monitoring and Implementation Strategies at the National Level

7-11 July 2025

This training course will delve into the means and mechanisms through which national actors can best coordinate their human rights monitoring and implementation efforts, enabling them to strategically navigate the UN human rights system and use the various mechanisms available in their day-to-day work.

Read more

Open dump Training

Protecting Human Rights and the Environment

15-19 September 2025

Participants in this training course will gain practical insights into UN human rights mechanisms and their role in environmental protection and learn about how to address the interplay between international human rights and environmental law, and explore environmental litigation paths.

Read more

Computer screen with warning: civilian infrastucture: do not attack Project

The Digitalization of Armed Conflict

Started in September 2020

This project will explore humanitarian consequences and protection needs caused by the digitalization of armed conflicts and the extent to which these needs are addressed by international law, especially international humanitarian law.

Read more

Screenshot of the RULAC webpage Project

Rule of Law in Armed Conflicts (RULAC)

Started in May 2007

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.

Read more

Cover of the publication Publication

Briefing N° 25: Localizing Multilateralism

published on March 2025

Domenico Zipoli, Ludovica Chiussi Curzi, Kamelia Kemileva

Read more

Cover page of the working paper Publication

AI Decoded: Key Concepts and Applications of Artificial Intelligence for Human Rights and SDG Monitoring

published on January 2025

Milica Mirkovic, Jennifer Victoria Scurrell

Read more