Geneva Academy
14 October 2019
Investigations into alleged violations of international humanitarian law (IHL) by the parties to an armed conflict are not only crucial to securing respect for IHL, but also to preventing future violations and enabling redress for victims of past violations. Despite the unquestionable importance of investigations, there is a lack of detail with regard to the international law, principles and standards relevant to investigations in armed conflicts. This is further reflected in the disparate practice across states in the way investigations are carried out.
The new Guidelines on Investigating Violations of IHL: Law, Policy, and Good Practice – the outcome of a five-year project initiated in 2014 by the Geneva Academy and joined in 2017 by the International Committee of the Red Cross (ICRC) – aim to bring much needed clarity and support for the conduct of effective investigations into violations of IHL.
In an event co-organized with the Permanent Mission of Switzerland to the United Nations (UN) in New York, two of the authors – Noam Lubell and Jelena Pejic – presented the 16 guidelines before a full room of delegates from the UN General Assembly First and Sixth Commissions, UN agencies, and experts.
Jelena Pejic, Senior Legal Adviser at the ICRC introduced the process and made a general introduction to the Guidelines. Noam Lubell, former Swiss IHL Chair at the Geneva Academy and Professor of International Law at the University of Essex, discussed some challenging issues encountered in the drafting process and the choices made to resolve them. He also addressed the interplay between IHL and international human rights law (IHRL), matters such as recording operations, how to define incidents, what are administrative investigations, and how to catch systemic problems. Professor Sarah Cleveland, a former member of the UN Human Rights Committee, explained where the Guidelines fit in the gap between IHRL and IHL with respect to investigations, including in relation to the right to life.
‘This event forms part of the Guidelines’ promotion and dissemination and aimed at presenting and discussing them with states. As a key resource and practical guide for military lawyers and persons in charge of investigations, our ultimate goal is that states start using these guidelines when conducting investigations into violations of IHL’ explains Marco Sassòli, Director of the Geneva Academy.
ILGA World
Via its DHRTTDs Directory, the Geneva Human Rights Platform provides a comprehensive list and description of such key tools and databases. But how to navigate them? Which tool should be used for what, and by whom? This interview helps us understand better the specificities of the March highlight of the directory: ILGA World Database.
Adobe
Discover our resources and what our experts and alumni say about the current situation in Israel and Palestine, with regular updates to include new events, articles, podcasts and comments.
Adobe
This IHL Talk will explore various issues related to the prosecution of ecocide and other environmental crimes.
Cover page of the book
In this launch event, key experts will comment and dialogue with Professor Sassòli on specific aspects of the book, including naval warfare and the law of neutrality, sources of IHL, IHL and human rights, as well as the classification of armed conflict
Adobe
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.
UN Photo / Jean-Marc Ferré
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.
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.
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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.
Geneva Academy
Geneva Academy