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From law to (regional) action: Regional reports on the implementation of international humanitarian law

ICRC CICG Photo: Samuel Rubio

Regional organizations can play a catalytic role in encouraging and supporting the implementation of international humanitarian law (IHL) at the domestic level. This page compiles reports that regional organizations have prepared for the purpose of assessing IHL implementation by their member states. In addition to identifying gaps and opportunities, these reports contain a number of good practices. 

Respect for IHL is fundamental when it comes to protecting people affected by armed conflict. Achieving this goal requires states to take a number of measures to ensure that IHL is properly incorporated into domestic law, institutions and practices. Over the years, the ICRC has seen that the sharing of experience and good practices at the regional and cross-regional level can significantly improve the extent and quality of IHL implementation. Regional organizations can play a key role in this regard: they can encourage their member states to adopt appropriate measures at the domestic level, provide them with support in this endeavour, and lead by example by ensuring that their own regional frameworks adequately integrate IHL.

For these reasons, the ICRC works closely with regional organizations across the globe. It provides thematic expertise and practical advice on adopting implementing measures; supports the adoption of regional plans of action; co-organizes annual review meetings and expert workshops; encourages regional organizations to contribute to cross-regional exchanges; and much more. To this end, the ICRC partners with the Economic Community of West African States, the League of Arab States, the Organization of American States, the European Union, the Asian–African Legal Consultative Organization and the Association of Southeast Asian Nations.

As part of these efforts, regional organizations produce regional reports on IHL implementation, sometimes in partnership with the ICRC. These reports review the extent to which IHL has been implemented by the regional organizations themselves or by their member states. In so doing, the reports identify gaps, priorities and opportunities, and contain good practices. 

Many of these reports are accessible below. This list is not exhaustive, however, and regional organizations wishing to share their report(s) on IHL implementation are encouraged to contact the ICRC Advisory Service on IHL at gva_advisoryservice@icrc.org.

The information contained in these reports does not necessarily reflect the views of the ICRC. The ICRC does not necessarily represent or endorse the accuracy or reliability of the information contained in those reports.

Economic Community of West African States

The ICRC has been collaborating with the Economic Community of West African States (ECOWAS) through that group’s Commission since 2001. One of this partnership’s flagship activities is the ECOWAS-ICRC Annual Review Meeting on the Implementation of IHL in West Africa. This gathering brings together experts from all ECOWAS member states involved in implementing IHL at the national level, namely from the ministries of justice, foreign affairs and defence; these individuals are also members of their countries’ national IHL committees, where such committees exist. The meeting provides states with a regional platform to review progress and identify gaps in the implementation of the ECOWAS IHL Plan of Action, set priorities, share best practices and take action. The meeting is also an opportunity to build technical capacity on a selected theme of interest every year. The ECOWAS IHL Plan of Action for the 2019 to 2023 period (now extended to 2026) can be found in Annex 1 of the ECOWAS-ICRC 2018 IHL implementation report.

Implementing IHL in West Africa – 2023 Report: (forthcoming)

The 19th Annual IHL Review Meeting (held in Abuja in September 2023) was an opportunity for participants to review achievements in 2023 in the implementation of the ECOWAS IHL Plan of Action and to define priorities for 2024. During the thematic segment of the meeting, which focused on “The prevention and response to internal displacement”, experts from member states, the African Union, the United Nations, the Internal Displacement Monitoring Centre (IDMC), ECOWAS, the ICRC, and other organizations discussed ways to effectively implement the Kampala Convention and ensure that its principles are applied.

Implementing IHL in West Africa – 2022 Report: ENG and FR 

At the 18th edition of the Annual IHL Review Meeting (held virtually in March 2022), the participants reviewed progress made in the implementation of the ECOWAS IHL Plan of Action in 2022 and defined priorities for 2023. The theme of this annual meeting was “Enhancing respect for IHL and its integrity”, and discussions focused on the need to clarify the legal frameworks governing the prosecution of violations of the law in armed conflicts, including state obligations with respect to criminalizing IHL violations, and the importance of preserving the integrity of IHL in the fight against terrorism.

Implementing IHL in West Africa – 2020 Report: ENG and FR

The 17th Annual IHL Review Meeting (held virtually in December 2020 owing to the COVID-19 pandemic) provided participants with a chance to review achievements in the implementation of the ECOWAS IHL Plan of Action in 2020 and define priorities for 2021. One key topic of discussion was about how the pandemic was affecting humanitarian work in armed conflicts and other situations of violence. Technical sessions focused in particular on humanitarian access, protecting inmates, and the use of force in law enforcement operations during pandemics.

Implementing IHL in West Africa – 2019 Report: ENG and FR

Participants at the 16th Annual IHL review meeting (held in Abuja in September 2019) looked at both successes and challenges in the implementation of IHL in 2019 and defined priorities for 2020. They also shared their experiences and good practices in the areas of detention and sexual violence and prepared for the 33rd International Conference of the Red Cross and Red Crescent, which took place in December 2019.

Previous reports are also available online: 2018 report (ENG/FR) (see Annex 1 for the ECOWAS IHL Plan of Action); 2017 report.

League of Arab States

The ICRC has a long-standing partnership with the League of Arab States (LAS) that has been enshrined in a memorandum of understanding. The first Regional Arab Expert Meeting on the Implementation of IHL took place in 1999 and is the cornerstone of IHL implementation in the Arab region. That meeting resulted in the Cairo Declaration on the Implementation of IHL and the creation of a follow-up committee – consisting of the LAS (represented by its Legal Affairs Division) and the ICRC – responsible for implementing the Declaration. Every two years, the LAS and the ICRC co-organize a regional meeting on IHL implementation by member states, which are represented by their national IHL committees; this regular meeting also serves to foster collaboration between national IHL committees in the Arab world.

PERIODIC REPORTS:

  • Implementation of the international humanitarian law at the level of Arab States 2009 - FIFTH ANNUAL REPORT

  • Implementation of the international humanitarian law at the level of Arab States 2010- 2011 - SIXTH PERIODIC REPORT

  • Implementation of the international humanitarian law at the level of Arab States 2012 – 2014 - SEVENTH PERIODIC REPORT

  • Implementation of international humanitarian law at the level of Arab States 2015 - 2018 - EIGHTH PERIODIC REPORT

Organization of American States

The ICRC has been working with the Organization of American States (OAS) since 1996 to contribute to its member states’ efforts to respect and promote respect for IHL in order to effectively alleviate the suffering of victims of armed conflicts. A memorandum of understanding formalizes this partnership. The OAS, which is the main political, juridical and social governmental forum in the hemisphere, brings together 34 independent states of the Americas; 75 other states and the European Union enjoy permanent observer status. The activities taking place under this partnership include an annual IHL course, a special session on IHL for member state representatives held every two years, ad hoc thematic sessions, the regular exchange of information, and conferences and symposiums organized by the OAS with ICRC participation.

Implementing International Humanitarian Law, 2020–2021 Report: Participation of the American States in IHL Treaties and Their National Implementation (ENG/SPA)

This report, prepared by the ICRC for 2020 and 2021, highlights the significant advances in the region in the ratification, application and dissemination of IHL treaties, and provides examples of good practices. The report highlights several actions carried out by states in follow-up to Resolution 1 (“Bringing IHL closer: A road map for better national implementation of international humanitarian law”) of the 33rd International Conference of the Cross Red and Red Crescent (Geneva, December 2019).

Implementing International Humanitarian Law, 2018–2019 Report: Participation of the American States in IHL Treaties and Their National Implementation (ENG/SPA) 

This ICRC report summarizes the qualitative and quantitative progress made in the ratification, application and promotion of IHL in 2018 and 2019. The report highlights the significant contributions of the continent’s 20 national IHL committees, as well as the ICRC's support for these committees’ growth and further development. It also discusses the work of states and national IHL committees in furthering knowledge on IHL – in association with universities – and their support for the preparation of official positions on issues relevant to IHL and humanitarian action in key forums, such as the 33rd International Conference of the Red Cross and Red Crescent (Geneva, December 2019). 

Implementing IHL, 2016–2017 Report: Participation of the American States in International Humanitarian Law Treaties and Their National Implementation (ENG/SPA) 

This report documents the qualitative and quantitative achievements made in 2016 and 2017. It shows that IHL treaties enjoy broad acceptance by American states, as demonstrated by their adoption of concrete measures. Furthermore, the report highlights the contributions of states to the further development of IHL through their participation in various diplomatic processes, such as the adoption of the Treaty on the Prohibition of Nuclear Weapons. The report also discusses the participation of the continent’s national IHL committees in the universal and regional meetings of national IHL committees held in 2016 and 2017, respectively. 

Implementing IHL, 2014–2015 Report: Participation of the American States in IHL Treaties and Their National Implementation (ENG/SPA) 

In 2014 and 2015, the American states demonstrated a firm commitment to IHL. The report covering this period provides a summary of the efforts and progress made by OAS member states in implementing IHL. Achievements include the ratification of over 30 IHL instruments. 

Previous reports are also available online: 2012–2013 report (ENG/SPA), 2010–2011 report (ENG/SPA), 2008–2009 report (SPA).

European Union

The ICRC has been working with the European Union (EU) since 1999, when the ICRC set up a delegation in Brussels. During this period, the EU has made respect for IHL a cornerstone of its external relations approach, in part through its guidelines on promoting compliance with IHL (adopted in 2005 and updated in 2009). These guidelines, developed with input from the ICRC, form the foundation of EU policy in this area. They are one of many EU initiatives designed to foster respect for IHL and protect civilians in conflict situations. The guidelines provide an overview of the EU’s means of action in its dealings with non-EU countries, as well as guidance for understanding IHL rules and principles, particularly for people working with or within the EU. The ICRC considers the EU guidelines a good example of the EU’s ongoing commitment to strengthening IHL compliance globally.

Since 2018, the EU Council’s Working Party on Public International Law (COJUR) has published an annual report on the implementation of the EU guidelines. The report, drafted by the EU Council’s legal services together with the European External Action Service and the European Commission, examines how the EU and its institutions – not its member states – implement the EU guidelines. Indeed, the EU guidelines clearly note, in paragraph 2, that:

These Guidelines are in line with the commitment of the EU and its Member States to IHL, and aim to address compliance with IHL by third States, and, as appropriate, non-State actors operating in third States. Whilst the same commitment extends to measures taken by the EU and its Member States to ensure compliance with IHL in their own conduct, including by their own forces, such measures are not covered by these Guidelines.

The report is structured the same way every year. It provides an overview of the EU’s achievements in promoting IHL by reviewing its actions over the course of the previous year. It examines public statements; political dialogues and representations; collaboration with international organizations (including the ICRC); restrictive measures; arms exports and arms controls; crisis management operations and IHL training (in both military and civilian missions); and support for the International Criminal Court and other tribunals. The report is typically released in July/August. The ICRC welcomes this type of voluntary reporting, seeing it as an excellent example of how major entities like the EU can review their activities to identify best practices for future reference.

Since 2021, the COJUR has hosted a launch event for the report, where the ICRC is regularly invited to speak. Co-organized by the two EU member states holding the rotating Council presidency in the year of publication, this event brings together experts from EU institutions, member states, the ICRC, humanitarian organizations, academia and the general public. It serves as a platform for discussing how the EU can further promote compliance with IHL.

Report on the EU Guidelines on Promoting Compliance with International Humanitarian Law – January 2023–December 2023 (EN/FR)

Report on the EU Guidelines on Promoting Compliance with International Humanitarian Law – January 2022–December 2022 (EN/FR)

Report on the EU Guidelines on Promoting Compliance with International Humanitarian Law – January 2021–December 2021 (EN/FR)

Report on the EU Guidelines on Promoting Compliance with International Humanitarian Law – January 2020–December 2020 (EN/FR)

Previous reports: January 2019–December 2019 report (EN/FR); July 2017–December 2018 report (EN/FR); June 2016–June 2017 report (EN/FR).