Insufficient respect for applicable rules is the principal cause of suffering during armed conflicts. Between 2012 and 2015, the ICRC and the Swiss government undertook a major consultation process on how to improve compliance with international humanitarian law (IHL) by developing stronger international mechanisms.
What is this initiative?
Between 2012 and 2015, the ICRC and the Swiss government undertook consultation and research on possible ways to improve compliance with IHL through the establishment of more effective international mechanisms.
Why the focus on compliance with IHL?
Unfortunately, IHL continues to be violated frequently by both States and non-State armed groups. If IHL was better respected, there would be less suffering. At present, for example, IHL lacks effective means of identifying, preventing and halting violations while they are occurring. The mechanisms within IHL that do exist are rarely, if ever used. Moreover, they are only applicable in international armed conflict, whereas the majority of conflicts are now non-international.
What do we mean by "compliance with IHL"?
"Compliance" can be understood broadly as observance and implementation of IHL. The initiative that is underway aims to strengthen compliance by means of enhancing the effectiveness of existing mechanisms where possible and examining the creation of new ones. It can therefore be differentiated from a wider range of activities aimed at promoting respect for IHL, including diverse forms of prevention activity, international dispute settlement and international criminal justice mechanisms. The consultation process so far:
Pursuant to Resolution 1 of the 31st International Conference of the Red Cross and Red Crescent (2011), the ICRC and the Swiss government facilitated consultations with States and other relevant actors. This involved bilateral and multilateral meetings, including:
Fourth Meeting of all States, Geneva, 23-24 April 2015
Strengthening Compliance with IHL – Preparatory discussion, 1-2 December 2014
Strengthening Compliance with IHL – Third Meeting of States, 30 June & 1 July 2014
Strengthening Compliance with IHL – Preparatory discussion, April 2014
Strengthening Compliance with IHL – Preparatory discussion, December 2013
Second Meeting of States on Strengthening Compliance with IHL, June 2013
Discussion with a group of States, April 2013
Discussion with a Group of States, November 2012
Initial Meeting of States on Strengthening Compliance with IHL, July 2012
Next steps
A Concluding Report has been prepared based on the consultations and research so far, setting out options and recommendations for the way forward. Elements of a draft resolution have been prepared by the ICRC and submitted to all members of the International Conference; the adoption of this resolution should be a decisive step toward the creation of an IHL compliance mechanism. States and National Societies are invited to submit comments on the draft elements of the resolution by the 28th of August 2015.
For more information : 32nd International Conference - Documents