11 May 2023, 18:30-20:00
Register start 30 March 2023
Register end 11 May 2023
International humanitarian law (IHL) is traditionally thought of as being about the ‘other’ side in the war, whether combatants or non-combatants. But what about the obligations to one’s own population?
In this talk – co-organized with the Geneva Graduate Institute Law Department –, Professor Frédéric Mégret will seek to excavate an understanding of IHL as partly about protecting one’s own population rather than minimizing harm to ‘other’ populations.
According to Professor Mégret, such an understanding makes more sense of some humanitarian prohibitions behind’ but also ‘close to’ the front line (e.g. not recruiting child soldiers; not placing military assets next to civilian installations). The judgment of the International Criminal Court convicting Ntaganda for sexual slavery against one's troops points to this emerging dimension from an international criminal law perspective. Still, its ramifications for our broader understanding of the regulation of war have barely been teased out. As it happens, the internal jus in bello is a quintessential but little-noticed area of convergence between international humanitarian and international human rights law ‘where it matters’.
Understanding and rehabilitating this dimension as a distinct species of thinking about wartime regulation can shine a light on genuine dilemmas of protection in a war that lawyers currently struggle to articulate, such as the duties one owes to safeguard the lives of one’s combatants versus the need to minimize harm to ‘other’ civilian populations.
Frédéric Mégret is a Full Professor of Law and Dawson Scholar at the Faculty of Law at McGill University and the co-Director of its Centre for Human Rights and Legal Pluralism. He held the Canada Research Chair on the Law of Human Rights and Legal Pluralism from 2006 to 2015.
Before joining the University of McGill, Professor Mégret was an Assistant Professor at the Faculty of Law of the University of Toronto, a Boulton fellow at McGill University and a research associate at the European University Institute in Florence. He holds a PhD from the Université de Paris I and the (then) Graduate Institute of International Studies in Geneva. His interests lie in the theoretical dimensions of international law, the laws of war, international criminal and transitional justice, and human rights.
In addition to the ongoing non-international armed conflicts (NIACs) that oppose the Sudanese armed forces to a number of non-state armed groups in the country, our RULAC online portal just classified a parallel NIAC between Sudan and the Rapid Support Forces (RSF) led by General Hamadan.
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Organized by the Geneva Academy and the ICRC, the Advanced IHL seminar for academics and humanitarian policymakers aims to enhance the capacity of academics to teach and research IHL and contemporary issues arising during armed conflict, while also equipping policymakers with an in-depth understanding of ongoing legal debates and their relevance to decision-making.
This project aimed at compiling and analysing the practice and interpretation of selected international humanitarian law and human rights norms by armed non-state actors (ANSAs). It had a pragmatic double objective: first, to offer a comparative analysis of IHL and human rights norms from the perspective of ANSAs, and second, to inform strategies of humanitarian engagement with ANSAs, in particular the content of a possible ‘Model Code of Conduct’.
Dave Klassen/The EITI
This project aimed at identifying and clarifying policies and practices for states and businesses, including public and private investors, across the full ‘conflict cycle’ and the ‘protect, respect and remedy’ pillars of the UN Guiding Principles on Business and Human Rights.