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.

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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.

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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

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Past Events

The role of human rights mechanisms in implementing international humanitarian law

13-14 November 2019

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MORE ON THIS THEMATIC AREA

Folders with scholarship News

Fund an LLM Scholarship and Contribute to our One-Month Crowdfunding Campaign

1 December 2022

We are launching today a one-month crowdfunding campaign to raise funds for a scholarship to allow a talented European student with limited means and resources to follow our LLM in International Humanitarian Law and Human Rights.

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An LLM class News

Apply to our LLM in International Humanitarian Law and Human Rights!

28 November 2022

Applications for the 2023–2024 academic year of our LLM in International Humanitarian Law and Human Rights are open. They will run until 27 January 2023 for applications with a scholarship and until 23 February 2023 for applications without a scholarship.

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A Blackwater Security Company MD-530F helicopter aids in securing the site of a car bomb explosion in Baghdad, Iraq, on December 4, 2004, during Operation IRAQI FREEDOM Event

Private Military Companies and the Future of Conflict

7 December 2022, 14:00-15:30

This panel discussion – co-organized with ICoCA – will consider the growing importance of PMCs and the role ICoCA might play in promoting human rights observance and strengthening accountability of these actors in armed conflicts.

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Syria,  Aleppo, great Umayyad mosque. Destructions. Short Course

The Interplay between International Humanitarian Law and Human Rights

10 February - 14 March 2023

This online short course focuses on the specific issues that arise in times of armed conflict regarding the respect, protection and fulfilment of human rights. It addresses key issues like the applicability of human rights in times of armed conflict; the possibilities of restricting human rights under systems of limitations and derogations; and the extraterritorial application of human rights law.

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Project

Focused Reviews

Started in November 2021

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NYU Stern BHR Knitwear Factory in Mymensingh Project

Business and Human Rights: Towards a Decade of Global Implementation

Completed in July 2020

This project aimed at supporting the UN Working Group on Business and Human Rights' project for the 10th anniversary of the UN Guiding Principles on Business and Human Rights.

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Cover page of the study Publication

From Words to Deeds A Study of Armed Non-State Actors’ Practice and Interpretation of International Humanitarian and Human Rights Norms: Research and Policy Conclusions

published on September 2022

Annyssa Bellal, Pascal Bongard, Ezequiel Heffes

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