The Interdepartmental Committee for International Humanitarian Law (ICIHL)

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1 Federal Department of Foreign Affairs FDFA Directorate for International Law DIL Section for International Humanitarian Law Continental Conference of National Committees on IHL Costa Rica, September 2013 The Interdepartmental Committee for International Humanitarian Law (ICIHL) First Slide Distinguished Representatives, Ladies and Gentlemen, Switzerland has a long-standing humanitarian tradition and, as you are aware, has been the depositary State of the Geneva Conventions and its Additional Protocols, since the start of codification of this central body of international humanitarian law 150 years ago. It is owing to this that Switzerland has a keen interest in all questions relating to international humanitarian law. Second Slide : Origins of the Swiss Committee for IHL How did the Swiss IHL Committee come into being? In early 2003, that is ten years ago, the Directorate of International Law at the Swiss Foreign Ministry took the initiative to create an informal inter-agency core-group assembling all relevant actors within the federal administration dealing with IHL matters. The pre-existing inter-agency group on human rights, functioning as a network and information platform for issues relating to this area of international law, served as reference. The argument invoked in favour of an IHL platform was mainly that Switzerland, as the depositary State, was increasingly often

2 being called upon to act as a facilitator of IHL related diplomatic processes, such as e.g. the one that lead to the adoption of the 3rd Additional Protocol on the Emblem or when it was asked by the UNGeneral Assembly to convene Conferences of the High Contracting Parties in the Middle East context. Also, the positive developments occurring at that time in the field international criminal law called for national measures of coordination. The idea of creating a proper national IHL Committee appeared on the agenda of the group for the first time in September The interagency group on IHL rapidly reached consensus that it would be useful to formally establish an IHL Committee. Yet, in spite of this consensus among the civil servants most concerned with IHL, it was not until five years later that this idea finally materialized. Why did it take so long to create a Swiss IHL Committee? First, interagency exchanges on IHL had never faced any difficulties, national legislation implementing IHL obligations was already in place and the informal core-group established in 2003 met the practical and thematic needs of all agencies concerned. In other words there was no real urgency. Second, and more importantly, the discussion about a national IHL Committee would have interfered with the process of creating a National Commission on Human Rights; then a controversial topic in Switzerland for several years. It was only after the decision by the government in July 2009 to create a national human rights centre of competence that it became possible for the IHL core-group to revive its idea to propose its upgrade to a proper national IHL Committee to the government. 2

3 Given the challenges faced in the establishment of the national human rights commission, however, it was clear from the outset, that it would be unrealistic to aim for a fully fledged independent Commission with elected Commission members. Rather, one had to adopt a step-by-step approach and, building on the existing inter-agency group, strengthen its legal basis by means of a government decision, the definition of its mandate, its remit and the participating agencies. In other words: The Swiss national IHL Committee is the result of a typically Swiss bottom-up process. Third Slide: Mandate of the Swiss IHL Committee In December 2009, at last, the Federal Council, the Swiss Government, adopted the proposal made by the Ministry of Foreign Affairs to establish the so-called interdepartmental Committee for international humanitarian law. The mandate specifies the objectives of the Committee, which are the exchange of information and the coordination of activities with regard to all questions relating to international humanitarian law on a national level, aiming at ensuring coherence in the implementation and the promotion of the international humanitarian law obligations of Switzerland. The Committee is competent to evaluate the national legal framework and to submit recommendations to ensure and to advance national IHL implementation, as well as to encourage IHL dissemination. The Committee does not have a decision authority. 3

4 Fourth Slide: Activities of the Swiss IHL Committee The Committee is tasked with the following activities: Participates in the training of federal authorities' staff and persons outside the federal administration in matters of IHL. Prepares the yearly contribution to up-date of ICRC's study on customary humanitarian law. The Committee compiles new legal texts, declarations, and relevant Swiss judgments. Approves every year an action plan setting down the corresponding priorities and objectives. Co-ordinates activities relating to IHL on the national level: for example, the elaboration of the Swiss Strategy on Protection of Civilians in Armed Conflict was co-ordinated in the Committee. Informs other national Committees about current international initiatives: For example, regarding private military and security companies, a questionnaire on the implementation of the "Montreux Document" on PMSCs was sent to other national Committees. Can support projects of other national Committees: For example, three workshops by the Jordanian Committee on IHL and its implementation at the national level were supported in The preparation of the International Conferences of the Red Cross and Red Crescent and the discussion and adoption of the pledges to be submitted is another important task of the Committee. 4

5 Fifth Slide: Organisation of the Swiss IHL Committee The Committee is composed of representatives of those offices within the federal administration that have responsibilities in IHL. These are the Federal Department of Foreign Affairs, the Federal Department of Defence, Civil Protection (especially with regard to the military and the protection of cultural property), the Federal Department of Justice and Police (especially with regard to international criminal law), the Federal Department of Economic Affairs, Education and Research (especially with regard to control of arms export), and the Federal Department of Home Affairs. The Directorate of International Law at the Department of Foreign Affairs holds the chair. The Committee does not have a budget of its own. Sixth Slide: Partners of the Swiss IHL Committee The Committee maintains relations with the scientific community, civil society, and other organizations concerned with IHL, such as the International Committee of the Red Cross (ICRC), the Swiss Red Cross or other national IHL Committees. The Committee meets twice a year and has the authority to associate civil society representatives once a year. In the past, the ICRC and the Swiss Red Cross were invited to the mixed sessions. During the sessions partners are kept updated on the Committee's activities. 5

6 Seventh Slide: Added value of the Swiss IHL Committee The added value of the Swiss IHL Committee is: Visibility: The upgrade of the working group into a Committee clearly gave IHL action within the administration more visibility. Also externally: a website is established, the possibility of inviting relevant non-governmental IHL actors to the ordinary sessions allows for an even broader information exchange. Efficiency: The annual action plan allows for a focused and resultoriented advancement of IHL implementation and dissemination projects. Legitimacy: The governmental decree establishing the interdepartmental Committee on IHL has raised its legitimacy. Foreign policy coherence: The Committee allows for an information exchange not only on national IHL matters, but also on Swiss diplomatic initiatives on IHL. Relevance: The Committee comprises the relevant practitioners on IHL on a working level. Networking: The Committee functions as an internal and external networking platform. 6

7 Slide Further Information For further information please consult the website of the Swiss IHL Committee: 7