Hungary
1. Constitutional structure and position of international humanitarian law in domestic law
Hungary is a parliamentary republic. The President, whose role is largely ceremonial, is elected by Parliament. The prime minister, also elected by Parliament but on the recommendation made of the President, heads the government. Members of the unicameral parliament are elected by popular vote for four-year terms under a system of proportional and direct representation.
Under the Hungarian Constitution, treaties are concluded by the parliament, the President and the government. Article 19(3) of the Constitution states that, within its sphere of authority, Parliament must "conclude international treaties of outstanding importance to the foreign relations of the Republic of Hungary." International treaties concerning national defence and the armed forces are also concluded by Parliament. The President concludes treaties in the name of the Republic of Hungary, and if the subject of the treaty falls within the legislative competence of Parliament, prior approval is necessary for its conclusion. Under Article 35, the government participates in the conduct of foreign policy and concludes international treaties in the name of the government of the Republic of Hungary.
Article 7 of the Constitution states that "the legal system of the Republic of Hungary accepts the generally recognized principles of international law" and that the country's domestic laws shall be harmonized with the obligations assumed under international law. Agreements requiring the approval of Parliament are ratified through an act of Parliament. Duly approved treaties are directly enforceable before national courts after their publication.
International treaties that are binding on the domestic legal order override ordinary laws. The Constitutional Court may examine national legislation to ensure its accordance with international law. It may do this ex officio or upon application by Parliament, the President, the government, the President of the National Audit Office, the President of the Supreme Court or the Chief Prosecutor. If the Court finds conflict between a domestic law and an international agreement, it may set aside inconsistent legal provisions.
Hungary ratified the Geneva Conventions of 1949 on 3 August 1954, which were promulgated by Law Decree 32 of 1954, and the Additional Protocols of 1977 on 12 April 1989, which were promulgated by Law Decree 20 of 1989. The Geneva Conventions were published in the Magyar Közlöny, No. 112, pp. 7020-7116. Hungary accepted the competence of the International Fact-Finding Commission on 23 September 1991.
2. Implementing institution
An interagency advisory committee was established in November 1999 on the initiative of the Hungarian Red Cross. Its purpose is to help the Hungarian government fulfil its obligations under international humanitarian law, in particular the Geneva Conventions and the Additional Protocols. Representatives from the Ministry of Foreign Affairs, Ministry of Defence, Ministry of Justice, Ministry of Education, Ministry of Health, Ministry of the Interior, Ministry of the National Cultural Heritage and the Hungarian Red Cross participate in its work. The Hungarian Government , by its decision of 9 May 2000 
, endorsed the establishment of the National Advisory Committee and granted support to its activities.
The Committee's tasks include:
- to consider, advise and make recommendations on national implementation of international humanitarian law instruments;
- to encourage the dissemination of international humanitarian law, in particular in higher and secondary educational institutions and in the armed and security forces;
- to urge the authorities to negotiate and adhere to international humanitarian law treaties;
- to assist relevant governmental agencies in preparation for the ratification of the Statute of the International Criminal Court and the Second Protocol to the 1954 Hague Convention;
- to consult and cooperate with the ICRC;
- to exchange information with similar commissions in European Union member States and in neighbouring countries.
3. Legal advisers
A system of military legal advisors was established by the Ministry of Defence in 1990.
