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Section
National Implementation of International Humanitarian Law (IHL) and the ICRC Advisory Service
What national implementation of international humanitarian law means and how the ICRC encourages States to adopt the required legislation.
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DATABASE

IHL - National Implementation: laws, regulations and case law

About the database
"The High Contracting Parties and the Parties to the conflict shall without delay take all necessary measures for the execution of their obligations under the Conventions and this Protocol."
Protocol I, Art. 80.1

FACT SHEETS

International humanitarian law sets out detailed rules that seek to limit the effects of armed conflict. Its main treaties have been accepted by nearly every State in the world. (Treaties and States parties)

However, becoming party to these agreements is only a first step. Efforts must be made to implement humanitarian law, to turn the rules into action.

Some measures will require the adoption of legislation or regulations. Others will require the development of educational programmes, the recruitment and/or training of personnel, the production of identity cards and other documents, the setting up of special structures, and the introduction of planning and administrative procedures.

Areas where the adoption of implementing measures is required include: the protection of the red cross, red crescent and red crystal emblems, the repression of war crimes, the protection of cultural property, the protection of the rights of missing persons and of their families, the prohibition and regulation of the use of certain weapons, etc.

The ICRC set up its Advisory Service on International Humanitarian Law in 1996 to step up its support to States committed to implementing IHL. Specifically, the Advisory Service:

  • organizes meetings of experts;
  • offers legal and technical assistance in incorporating IHL into national law;
  • encourages States to set up national IHL committees and assists them in their work (see National Committees on IHL);
  • promotes the exchange of information (for instance through its database);
  • publishes specialist documents (for instance: fact sheets, ratification kits, model laws, biennial report and biannual update).
  • Key document
    ICRC Publication
      31-5-2010
      A manual to support the national implementation of humanitarian law
      This manual is a practical tool to assist policy-makers, legislators and other stakeholders worldwide in ratifying international humanitarian law (IHL) instruments. Drawing on the ICRC Advisory Service’s 15 years of experience, the manual offers guidelines to help States implement IHL and meet all their obligations under IHL, particularly the repression of serious violations of it.
      (Info resources\ICRC publications and films\Publications\Humanitarian law)
      ICRC Publication Includes PDF

      11-3-2010
      Fifth Annual Report on the Implementation of the IHL at the Level of the Arab States - 2009
      This fifth report on the national implementation in the Arab world, which covers the period between 2007 until the end of 2009, reflects the efforts of Arab States in this area. Reports submitted by officials in charge of national implementation, portray a growing interest in all activities of dissemination of and training on provisions of international humanitarian law as well as the desired legislative adaptation between relevant international conventions and national laws.
      (Info resources\ICRC publications and films\Publications\Humanitarian law)
      ICRC Publication Includes PDF

      18-2-2010
      Participation of American States in IHL treaties and their national implementation – 2008-2009 Report
      This document summarizes the major developments that took place during 2007-2009 regarding the national implementation of international humanitarian (IHL) law in the Americas. It was prepared by the Advisory Service on IHL of the ICRC for submission to Member States of the Organization of American States (OAS).
      (Info resources\ICRC publications and films\Publications\Humanitarian law)
      ICRC Publication Includes PDF

      21-12-2009
      Missing Persons: a Handbook for Parliamentarians
      This manual, elaborated jointly by the Inter-parliamentary Union (IPU) and the ICRC, is composed of three sections. The first chapter contextualises the issue of persons reported missing following an armed conflict or a situation of internal violence, and the impact on their families. The second chapter focuses on the essential role that parliamentarians can play in preventing disappearances, elucidating the fate of missing persons, and assisting their families. The third chapter contains an annotated version of the Model Law on the Missing drafted by the ICRC's Advisory Services, a tool that offers a comprehensive legal framework designed to help States and their competent national authorities to adopt or improve their national legislation on the Missing.
      (Info resources\ICRC publications and films\Publications\Protection)
      ICRC Publication Includes PDF

    International Review of the Red Cross
      30-6-2009
      Various mechanisms and approaches for implementing international humanitarian law and protecting and assisting war victims
      This article presents an overview of the mechanisms for improving the lot of people affected by armed conflict. Some are anchored in international humanitarian law, but increasingly, multiple actors contribute to implementing this law outside its original implementation framework. This may result in different approaches to ensuring compliance with international humanitarian law: judicial recourse, public pressure on parties to a conflict, or even recommendations of the use of force. Nevertheless, humanitarian action unattached to any political agenda is often the only means of improving the situation of the victims of armed conflicts.
      (Info resources\International Review\2009 - No. 874)
      International Review of the Red CrossToni Pfanner Includes PDF

      31-3-2009
      National implementation of international humanitarian law – Biannual update, July to December 2008
      Biannual update on national legislation and case law July–December 2008
      (Info resources\International Review\2009 - No. 873)
      International Review of the Red Cross Includes PDF

    Report


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    © 2010  International Committee of the Red Cross
    9-09-2010