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.

Read more >

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 >

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

Download >

Past Events

The role of human rights mechanisms in implementing international humanitarian law

13-14 November 2019

Read more >

MORE ON THIS THEMATIC AREA

Yemen,  Sana'a, Faj Attan. Damages to civilian buildings following the fighting. News

A Yearly Global Assessment of IHL Compliance

8 February 2024

We are excited to announce the launch of a new project consisting of the publication of a yearly global annual report assessing compliance with international humanitarian law in contemporary armed conflicts.

Read more

Screen shot of the blog News

Newly Graduated LLM Alumnus Publishes a Condensed Version of his LLM Paper in Prominent Blog

14 November 2023

Our LLM alumnus Ioannis Bamnios – who graduated in October – published the main and very innovative argument of his LLM paper on the ‘conduct of hostilities in occupied territories’ in the leading blog Articles of War of the US Military Academy at West Point.

Read more

Garment workersto receive food from their factory during lunch time. This food is freely provided by their factory in order to ensure that workers eat healthy and hygienic food. Training

Business and Human Rights

2-6 September 2024

This training course will examine how the UN Guiding Principles on Business and Human Rights have been utilized to advance the concept of business respect for human rights throughout the UN system, the impact of the Guiding Principles on other international organizations, as well as the impact of standards and guidance developed by these different bodies.

Read more

Open dump Training

Protecting Human Rights and the Environment

2-20 September 2024

Participants in this training course, made of two modules, will examine the major international and regional instruments for the promotion of human rights and the environment, familiarizing themselves with the respective implementation and enforcement mechanisms.

Read more

Session of a UN Treaty Body Project

Treaty Bodies Individual Communications Procedures

Started in January 2019

Read more

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.

Read more

Cover Page of Research Brief Publication

Unpacking the Burgeoning Challenge of Environmental Protection and the Right to Food in the Context of Armed Conflict

published on April 2024

Erica Harper, Junli Lim

Read more