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

View >

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.

Read more >

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.

Read more >

MORE ON THIS THEMATIC AREA

View of the UN Human Rights Council News

New Book Provides a Unique Practitioner’s Insight into the Work of the UN Human Rights Council

May 2020

The new book The Human Rights Council: A Practical Anatomy by Eric Tistounet, Chief of the Human Rights Council Branch at OHCHR, is the outcome of a six-months research fellowship carried out by the author at the Geneva Academy.

Read more

View of the ICRC Headquarters News

LLM Students Develop Practical Cases for the ICRC on How IHL Applies in Armed Conflict

July 2020

Two students enrolled in our LLM in International Humanitarian Law and Human Rights – Marishet Mohammed Hamza from Ethiopia and Virginia Raffaeli from Italy – developed for the ICRC online casebook How does Law Protect in War? 26 practical cases that show how IHL applies in contemporary armed conflict.

Read more

Short Course

The Law of Non-International Armed Conflicts

15 April - June 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.

Read more

Egypt, Cairo, 2011: Makeshift barricade outside interior ministry gate. Short Course

The Right to Life and the Right of Peaceful Assembly in Transitions

2- December 2020

This online short course will examine the protection afforded by international human rights law in these contexts, with a specific focus on the right to peaceful assembly – which is at the heart of such movements –, and the right to life – which is often violated during such transitional moments.

Read more

Inside an IBM Cloud Data Center Project

Human Rights in the Digital Age

Completed in September 2017

This research project examined the impact of innovation and the development of new information technologies on human rights.

Read more

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 manual Publication

#ESCR AND #SDGs: Practical Manual on the Role of UN Human Rights Mechanisms in Monitoring the SDGs that Seek to Realize Economic, Social and Cultural Rights

published on July 2020

Christophe Golay

Read more