
Egypt
1. Constitutional structure and position of IHL in domestic law
The Arab Republic of Egypt consists of 26 governorates. The president is the head of State. The constitution, which entrenches public freedoms and rights, was adopted on 11September 1971. The constitutional amendments of 22 May 1980 replaced the unicameral parliamentary system with a bicameral one, adding the Shoura Assembly (Advisory Council) to the existing People's Assembly (lower chamber).
Egypt's legal system is based on Islamic law, English common law and the Napoleonic Code. Under Article 151 of the constitution, the president concludes treaties and communicates them to the People's Assembly with an appropriate explanation. Treaties have force of law after their ratification and publication in the Official Gazette. However, certain types of treaties require approval by the People's Assembly and the consultation of the Shoura Assembly.
Although the constitution is silent on these matters, the Egyptian courts have repeatedly affirmed the obligation of judges to apply the provisions of duly ratified treaties even if they contradict national laws.
The 1949 Geneva Conventions were ratified on 10 November 1952 and published by Decree of 10 December 1952 (Supplement to the Official Gazette No. 79 of 1 October 1953, pp. 6-108). The 1977 Additional Protocols were ratified on 9 October 1992, after approval by the People's Assembly and ratification by the president, and published on 24 December 1992 (Supplement to the Official Gazette No. 52, pp. 2-116).
2. Implementing institution
The Egyptian Committee for International Humanitarian Law was established by prime ministerial decree on 23 January 2000
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The Committee is a permanent body which advises the national authorities on the implementation and dissemination of international humanitarian law. Its mandate includes the coordination of agencies concerned with implementation of humanitarian law and presentation of relevant proposals to decision-makers. It proposes an annual plan on national measures needed to spread knowledge of humanitarian law, encourages efforts to improve training for personnel responsible for its implementation, and contributes to the preparation of training and relevant development programmes.
The Committee works under the authority of the Ministry of Justice, which plays the role of technical secretariat, including preparation of studies and the Committee's draft agenda, and defining the measures needed for the implementation and follow-up of the Committee's decisions and recommendations. The Committee's members include representatives of the Ministries of Justice, Foreign Affairs, Defence, Interior, Higher Education, Public Intelligence, as well as representatives from the Egyptian Red Crescent Society and the ICRC delegation in Cairo. The Committee also has the possibility of requesting assistance from Egyptian and foreign experts, officials, institutes and agencies.