Reaffirmation and development of international humanitarian law important steps

1
International Humanitarian Fact-Finding
Commission (IHFFC) (Article 90 of Protocol
Additional I to the Geneva Conventions)
"Revitalisation" of the IHFFC by Ambassador
Christine Schraner Burgener Swiss Federal
Department of Foreign Affairs COJUR, Brussels, 6
June 2007
2
International Humanitarian Fact-Finding
Commission (IHFFC)

• "Revitalisation" Why?
• a. The "problem"

• Unused mechanism of implementation of IHL
• Lack of political will
• Reluctance of states towards independent
  assessments in areas of national security
• Need for consent
• Lack of visibility and knowledge about existence
  of IHFFC ("Sleeping beauty")

3
International Humanitarian Fact-Finding
Commission (IHFFC)

• "Revitalisation" Why?
• b. The need for "revitalisation"

• Armed conflicts have shown that IHL not always
  granted due respect
• Need for clarifications about alleged violations
  of IHL and Human Rights largely recognised since
  WWII
• ?Facilitate reconciliation, return to peace and
  development
• IHFFC only international body created for purpose
  of monitoring application of IHL
• ? Legitimacy, composition, impartiality, quick
  action

4
International Humanitarian Fact-Finding
Commission (IHFFC)

• "Revitalisation" Why?
• c. The readiness of the IHFFC

• Specialized character of IHL rules requires broad
  expertise
• IHFFC is willing to assume its role
• External support
• EU Guidelines on promoting compliance with IHL
  (December 2005)
• UN Resolutions
• Council of Europe, International Red
  Cross/Crescent Conferences, etc

5
International Humanitarian Fact-Finding
Commission (IHFFC)
II. Working group on "revitalisation" of IHFFC a.
1st session

• 1st session 27.2.2007 in Bern
• Convened by Switzerland
• Participants EU Council, EU Commission, ICRC,
  IHFFC, independent expert
• Analysis current situation and reasons why IHFFC
  has not yet been used

6
International Humanitarian Fact-Finding
Commission (IHFFC)
II. Working group on "revitalisation" of IHFFC b.
Possible measures and actions

• EU level
• Presentation before COJUR
• Consideration of IHFFC in EU new humanitarian
  policy
• Creation of a "Group of Friends of the IHFFC"
• UN level and other international fora
• Bilateral level
• Others

7
International Humanitarian Fact-Finding
Commission (IHFFC)
III. EU Group of Friends of the IHFFC

• Establishment
• Proposal letter from Mrs Micheline Calmy-Rey,
  Head of Swiss Federal Department of foreign
  affairs to EU President, Mrs Angela Merkel

8
International Humanitarian Fact-Finding
Commission (IHFFC)
III. EU Group of Friends of the IHFFC

• Draft objectives
• provide and coordinate political support for
  IHFFC
• means for continuous dialogue and liaison between
  States and IHFFC
• informal forum to discuss IHFFC related issues
• awareness raising about IHFFC within diplomatic
  community in Brussels