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

NHRI Accreditation Database Logo News

In Highlight: NHRI Accreditation Database

27 August 2024

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 current highlight of the directory: NHRI Accreditation Database

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GHRP Annual Conference 2024 News

GHRP Annual Conference 2024 Strengthens Connectivity in a Pressured Human Rights System

25 November 2024

The 2024 Annual Conference of the Geneva Human Rights Platform (GHRP), held on 5 November at Maison de la Paix, focused on the theme Human Rights System Under Pressure: A Reason to Expand Connectivity.

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Event

Debrief of the Climate Justice Hearings at the International Court of Justice

12 December 2024, 18:30-20:30

Follow up discussion to the first day of the public hearing of the International Court of Justice to unpack key arguments and draw lesson from the hearings.

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Empty Bowl Event

Food Insecurity in Armed Conflict

10 December 2024, 18:15-20:00

This IHL Talk will explore the intersection of armed conflict and food insecurity, through the lens of international humanitarian and human rights law.

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Short Course

The Law of Non-International Armed Conflicts

6-21 February 2025

This online short course 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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54nd session of the Human Rights Council. Training

Executive course for Diplomats: Leading in the Human Rights Council

15-17 January 2025

This executive course, tailored for Geneva-based diplomats and co-organized with the support of the Swiss FDFA, addresses the negotiation practices at the multilateral level, by taking the United Nations (UN) Human Rights Council as an example of formal and informal negotiation and decision-making processes by an international intergovernmental body.

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Session of the UN Human Rights Committee Project

Treaty Body Review 2020 and Beyond

Started in January 2018

The Geneva Human Rights Platform contributes to this review process by providing expert input via different avenues, by facilitating dialogue on the review among various stakeholders, as well as by accompanying the development of a follow-up resolution to 68/268 in New York and in Geneva.

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A session of the UN Human Rights Council Project

IHL Expert Pool

Started in January 2022

The IHL-EP works to strengthen the capacity of human rights mechanisms to incorporate IHL into their work in an efficacious and comprehensive manner. By so doing, it aims to address the normative and practical challenges that human rights bodies encounter when dealing with cases in which IHL applies.

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Cover Page of Research Brief Publication

United Nations Treaty Body Individual Communications Procedures: What Is at Stake in the Strengthening Process?

published on October 2024

Claire Callejon

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