ADVISORY SERVICE ON IHL

IMPLEMENTING INTERNATIONAL
HUMANITARIAN LAW:
FROM LAW TO ACTION

International humanitarian law (IHL) – also called the “law of war” or the “law of armed conflict”
– sets out detailed rules that seek for humanitarian reasons to limit the effects of armed conflict.
It protects those who are not, or are no longer, taking part in the fighting, and sets limits on the
means and methods of warfare. IHL is a universal set of rules. It consists of international treaty
and customary rules that are specifically meant to resolve humanitarian issues arising directly from
armed conflict, both international and non-international. The 1949 Geneva Conventions and their
Additional Protocols of 1977 and 2005 are its core treaties. The Geneva Conventions have been
accepted by all States, and acceptance for the Additional Protocols is growing. These fundamental
instruments are supplemented by various other treaties. Becoming party to these agreements is only
a first step, but it is a vital one. Additional efforts are required to implement the rules contained in
these instruments – to put the law into effect.
 WHAT DO WE UNDERSTAND BY IMPLEMENTATION?
The term ‘implementation’ covers all the measures that must be taken to ensure that the rules of IHL
are fully respected. It is not enough to apply these rules after the fighting has begun. There are meas-
ures that must be taken in both wartime and peacetime. These measures are necessary to ensure that:
•• both civilians and military personnel are familiar with the rules of IHL;
•• the structures, administrative arrangements and personnel required to ensure compliance
with the law are in place;
•• IHL is enforced;
•• violations of IHL are prevented, and when they do occur, that perpetrators are punished.

WHO SHOULD IMPLEMENT IHL?

The duty to implement IHL is primarily that of States, which have an
unambiguous obligation to adopt a number of legal and practical measures
for ensuring full compliance with this body of law. These measures may
The term ‘implementation’
need to be taken by one or more government ministries, the legislature, the covers all the measures
courts, the armed forces, or other State agencies. that must be taken to
ensure that the rules of
There may also be a role for professional and educational bodies, and for the
National Red Cross or Red Crescent Society or other voluntary organizations. IHL are fully respected.

Measures have also been taken at an international level to deal with serious violations of IHL. An
International Fact-Finding Commission has been set up and States are encouraged to use its services.
International criminal tribunals and other special courts have been set up to deal with serious viola-
tions committed in specific contexts of armed conflict. A permanent international criminal court, with
jurisdiction over the most serious crimes, was created by the 1998 Rome Statute.

However, it is States that continue to bear primary responsibility for fully implementing the law; they
must also adopt pertinent measures at a national level, including means to prosecute and punish
perpetrators of serious violations of IHL.

The duty to implement IHL is primarily that of States...

WHAT NEEDS TO BE DONE?

The 1949 Geneva Conventions and their Additional Protocols require the taking of a broad range
of measures. These are among the most important ones:
1. to have the Conventions and their Additional Protocols translated into the national language(s)
and communicate to other High Contracting Parties the official translations and any laws and
regulations adopted to ensure their implementation;
2. to spread knowledge of their provisions as widely as possible, both within the armed forces and
the general population;
3. to suppress all violations, and to adopt criminal legislation to punish those guilty of committing
violations that are considered to be the most serious, known as “grave breaches” and regarded
as war crimes;
4. to ensure that persons, property and places specifically protected by the law are properly
identified and marked, and preserved from harm;
5. to adopt measures to prevent the misuse of the red cross, the red crescent, the red crystal and
other emblems and signs provided for in the Conventions and their Additional Protocols;
6. to ensure that protected persons benefit from judicial and other fundamental guarantees during
armed conflict;
7. to appoint and train persons qualified in IHL to facilitate the application of the Conventions and
the Protocols, in particular to ensure the presence of legal advisers within the armed forces;
8. to provide for the establishment and/or regulation of:
•• National Red Cross and Red Crescent Societies and other voluntary aid societies,
•• civil defence organizations,
•• national information bureaux;

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 9. to take IHL into account when selecting military sites and in studying, developing, acquiring and
adopting new weapons, means and methods of warfare;
10. to provide for the establishment of hospital zones, neutralized zones and demilitarized zones.

The treaty provisions that might require such measures, or in fact do require them, are set out in the
table below.

Other IHL-related treaties also require States Parties to adopt specific implementation measures.

Some of these measures require the adoption of legislation or regulations. Others require the devel-
opment 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.

All these measures are essential for ensuring effective implementation of the Geneva Conventions
and their Additional Protocols, and of other relevant international instruments and customary IHL.1

HOW CAN THIS BE DONE?

Assessments of existing law to identify gaps related to obligations deriving from IHL instruments,
careful planning and regular consultations among different government agencies, the armed
and security forces and civil society are crucial for ensuring the full implementation of IHL.

Many States have created a group of experts – often known as the national committee or com-
mission on IHL – to facilitate implementation of IHL and coordinate activities in this area. They
consist of representatives from government ministries, other State
agencies, national organizations, professional bodies and oth-
Many States have created a ers with responsibilities or expertise in the field of IHL and its
group of experts – often known implementation. In many instances, these entities act as an inter-
ministerial and multidisciplinary advisory body on IHL-related
as the national committee or issues for political and military authorities and decision-makers.2
commission on IHL – to facilitate
In some countries, the National Red Cross or Red Crescent Society
implementation of IHL and
may also be able to offer assistance in such areas as implementing
coordinate activities in this area. IHL and promoting knowledge of it.

At their request, the International Committee of the Red Cross,

through its Advisory Service on IHL, provides advice and assists
States in acceding to or ratifying relevant international instru-
At their request, the
ments and in implementing them domestically. The Advisory Ser- International Committee of the
vice can be contacted through the nearest ICRC delegation or at
Red Cross, through its Advisory
the address below.
Service on IHL, provides advice
Advisory Service on IHL
International Committee of the Red Cross
and assists States.
19, avenue de la Paix
1202 Geneva
Switzerland

T +41 22 734 60 01
F +41 22 733 20 57
Email [email protected]

1 For more details on obligations arising from those treaties, see the pertinent technical documents,
including factsheets on specific treaties, which can be found on the ICRC’s website,
at https://www.icrc.org/en/war-and-law/ihl-domestic-law/national-committees
2 For more information on national IHL committees, please refer to the ICRC Advisory Service factsheet entitled
https://www.icrc.org/en/document/national-committees-implementation-international-humanitarian-law-0

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 Key Articles of the 1949 Geneva Conventions and their Additional Protocols of 1977
and 2005 that require the adoption of specific national implementation measures

1977 2005
1949 GENEVA CONVENTIONS ADDITIONAL ADDITIONAL
PROTOCOLS PROTOCOL

First Second Third Fourth I II III

Translation 48 49 41,128 99,145 84

Dissemination and training 47 48 41,127 99,144 80, 82-83, 87 19 17
VIOLATIONS
General provisions 49-54 50-53 129-132 146-149 85-91 6
War crimes 49-50 50-51 129-130 146-147 11, 85-90
Compensation 91
PROTECTION
Fundamental guarantees 3, 12 3, 12 3, 13-17 3, 27-34 11, 75-77 4-5, 7
Judicial and disciplinary 3, 5, 17, 3, 5, 31-35, 43,
guarantees; rights of prisoners 3 3 82-90, 64-78, 99-100, 44-45, 75 6
and detainees 95-108, 129 117-126
Medical and religious personnel 40, 41 42 20 15-16, 18 10, 12 2, 5
Medical transports and 19, 36, 39, 22, 24-27,
18, 21-22 12, 18, 21-23 12
facilities 42-43 38-39, 41, 43
Cultural property 53 16
Dangerous forces 56 15
27, 40, 41, 18, 66-67,
Identity cards 42, Annex 17, Annex IV 20
Annex II 78-79
Annexes I&II
Capture and internment cards 70, Annex IV 106, Annex III
Use/Misuse of emblems, 18, 37-38, 66,
44, 53-54 44-45 12 2, 3, 4, 6
signs or signals 85, Annex I
EXPERTS AND ADVISERS
Qualified persons 6
Legal advisers 82
ORGANIZATIONS
National Societies 26 63 81 18 3
Civil defence 63 61-67
Information bureaux 122-124 136-141
Mixed medical commissions 112, Annex II
MILITARY PLANNING
Weapons / Tactics 36
Military sites 57-58
PROTECTED ZONES 59-60,
23, Annex I 14, 15
AND LOCALITIES Annex I

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MISSION
The International Committee of the Red Cross (ICRC) is an impartial, neutral and independent
organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of
armed conflict and other situations of violence and to provide them with assistance. The ICRC also
endeavours to prevent suffering by promoting and strengthening humanitarian law and universal
humanitarian principles. Established in 1863, the ICRC is at the origin of the Geneva Conventions and
the International Red Cross and Red Crescent Movement. It directs and coordinates the international
activities conducted by the Movement in armed conflicts and other situations of violence.

09.2019   Cover photo: W.Krassowski/ICRC

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© ICRC, September 2019