Implementing International Humanitarian Law Through Human Rights Mechanisms

Started in April 2019

Beyond the International Committee of the Red Cross, 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.

Objectives

The purpose of this research project is not to pass judgment on the above-mentioned trend but to contribute to its objective and contemporary assessment.

Resulting from traditional legal research and informal interviews with experts, the project aims at examining how – if at all possible – IHL could be more systematically, appropriately and correctly dealt with by the human rights mechanisms emanating from the Charter of the United Nations, as well from universal and regional treaties.

While this research does not aim at providing a detailed comparative assessment of how all existing (international, regional or domestic) mechanisms have dealt with IHL, examined or made pronouncements on IHL, it will:

  • Provide a useful background for discussion at the scientific colloquium of the 2019 Geneva Human Rights Week (14–-15 November 2019), and
  • Identify 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.

RESEARCHERS

Portrait of Emilie Max

Émilie Max

Researcher

Émilie Max's research focuses s on the intersection between international humanitarian law and international human rights law

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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NEWS AND EVENTS

Emilie Max at her desk at the Geneva Academy News

Meet our Researchers: Émilie Max

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

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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MORE ON THIS THEMATIC AREA

Portrait of Tarek Tawil News

Executive Master in International Law in Armed Conflict: What Participants Say

May 2020

Tarek Tawil is a humanitarian practitioner, specialized in the protection of refugees and internally displaced persons during and following armed conflicts. In this interview, he tells about the programme and what it will bring to his career.

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A session of a UN treary body in Geneva News

Formal Launch of the 2020 Review of UN Treaty Bodies: Our Input

June 2020

The Geneva Human Rights Platform has been contributing to this review by providing expert input, by facilitating dialogue on the review among various stakeholders, as well as by accompanying the discussions towards the follow-up resolution to 68/268 in New York and in Geneva.

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Plenary session during the first annual conference of the Geneva Human Rights Platform Event

2020 Annual Conference of the Geneva Human Rights Platform

October 2020, 09:00-18:00

The 2020 Annual Conference will focus on the connectivity between regional and global human rights mechanisms and relevant links with national systems, as well as on the effectiveness of these interactions in a number of policy areas.

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Catherine Marchi-Uhel, Head of the International, Impartial and Independent Mechanism (IIIM) for the Crimes Committed in Syria, briefs journalists ahead of the first informal debate on the IIIM. Event

Opening Lecture: Navigating a Career in International Law

September 2020, 18:30-20:00

In this opening lecture of the academic year, Catherine Marchi-Uhel, Head of the International, Impartial and Independent Mechanism on international crimes committed in Syria, will share her experience on a career in international law.

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Short Course

The Law of Non-International Armed Conflicts

15 April - May 2021

This short course, which can be followed in Geneva or online, 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.

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A general view of participants during of the 33nd ordinary session of the Human Rights Council. Training

The Universal Periodic Review and the UN Human Rights System: Raising the Bar on Accountability

2- November 2020

This training course will explore the origin and evolution of the Universal Periodic Review (UPR) and its functioning in Geneva and will focus on the nature of implementation of the UPR recommendations at the national level.

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Panel Discussion: Project

Treaty Body Members’ Platform

Started in January 2014

The Treaty Body Members’ Platform connects experts in UN treaty bodies with each other as well as with Geneva-based practitioners, academics and diplomats to share expertise, exchange views on topical questions and develop synergies.

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

Implementing International Humanitarian Law Through Human Rights Mechanisms

Started in April 2019

Resulting from traditional legal research and informal interviews with experts, the project aims at examining how – if at all possible – IHL could be more systematically, appropriately and correctly dealt with by the human rights mechanisms emanating from the Charter of the United Nations, as well from universal and regional treaties.

Read more

Cover page of the book Publication

The UN Human Rights Council: A Practical Anatomy

published on September 2020

Eric Tistounet

Read more