ADVISORY SERVICE ON INTERNATIONAL HUMANITARIAN LAW ______

The Obligation to Disseminate International Humanitarian Law

Knowledge of International Humanitarian law (IHL) is a condition of its respect. When the States become parties to the 1949 and their 1977 Additional Protocols, they commit themselves to disseminate the provisions of those instruments as widely as possible both in peacetime and in periods of armed conflict so that they are known to the armed forces and to the population as a whole. The other instruments of IHL also contain an obligation of this nature. Although it is primarily the responsibility of the States to make the law known, other organizations, such as the International Committee of the Red Cross (ICRC), working in cooperation with the National Red Cross and Red Crescent Societies and their International Federation, have a mandate to assist the States in this task and are encouraged to take initiatives to that effect.

Dissemination: a treaty-based All four 1949 Geneva Conventions The obligation to disseminate the obligation for the States use virtually identical wording to Conventions and the Protocols is reaffirm the general obligation to reiterated and developed in the The obligation to spread knowledge disseminate the texts (GC I/II/III/IV, 1977 Additional Protocols (AP I, Art. of IHL is based on the idea that Arts. 47/48/127/144): 83; AP II, Art. 19). makes sound acquaintance of the rules set provision for specific measures with forth in the law is essential for their "The High Contracting Parties a view to strengthening the general effective application and, undertake, in time of peace as in obligation. Protocol II makes the consequently, for the protection of time of war, to disseminate the text obligation applicable to situations of the victims of armed conflicts. of the present Convention as widely non-international armed conflict. The as possible in their respective reflex of compliance with the rules of Generally speaking, the obligation is countries, and, in particular, to IHL that is to be inculcated is in fact a corollary to the commitment made include the study thereof in their always the same, irrespective of the by the States party to the programmes of military and, if nature of the conflict. instruments of IHL to respect and possible, civil instruction, so that the ensure respect for the provisions principles thereof may become The 1954 Hague Convention for the they contain. known to all their armed forces and Protection of Cultural Property in the to the entire population". Event of Armed Conflict requires Although dissemination activities that its provisions be made known to must be stepped during armed The Third of the personnel engaged in the conflicts, they must also be carried 1949 adds that any military or other protection of cultural property (Art. out in peacetime, for knowledge of authorities who in time of war are 25). The 1999 Second Protocol to the law is not a wartime matter responsible for prisoners of war that Convention requires alone. Dissemination promotes must possess the text of the furthermore that any military or respect for the rules of the law, but it Convention and be specially authorities who, in time of also helps inculcate principles of instructed as to its provisions (Art. armed conflict, assume humanity that limit violence and 127(2)). The officers in charge of responsibilities with respect to its preserve peace. prisoner-of-war camps must ensure application be fully acquainted with that these provisions are known to the text. To that end, the States the camp staff and the guards and must incorporate guidelines and The substance of the obligation are held responsible for their instructions on the protection of application (Art. 39). Furthermore, cultural property in their military The obligation of the States to the Convention must be posted in regulations and must also develop instruct their armed forces in the places where the prisoners of war and implement peacetime training rules laid down in the laws and can read it (Art. 41). and educational programmes in customs of war and to bring those cooperation with UNESCO and rules to the attention of the general The of relevant governmental and non- public was a feature of the first 1949 provides the same obligations governmental organizations (Art. instruments of the law of armed with regard to any civilian, military, 30). conflicts. What is more, the fact that police or other authorities who the States carry out dissemination assume responsibilities in respect of The 1980 Convention on certain activities in practice and consider , particularly in places of Conventional Weapons also themselves legally bound to do so internment (Arts. 99 and 144(2)). requires States to incorporate study makes this a rule of customary law. of the text and of its Protocols in

International Committee of the Red Cross programmes of military instruction Conventions and the Protocol and to The role of the National (Art. 6). Its Second Amended advise them on the appropriate Committees for IHL Protocol specifies that each State instruction to be given to the armed must require its armed forces to forces on this subject (Art. 82), and, These Committees should ensure issue relevant military instructions secondly, by the fact that that their respective governments and operating procedures and to commanders must ensure that the comply with the obligation to spread provide training for armed forces military personnel under their knowledge of the law and that the personnel that is commensurate command are aware of their subject is included in national with their respective duties and obligations under these instruments education programmes. responsibilities (Art. 14). Protocol IV (Art. 87). stipulates that the States shall provide training for their armed The 1954 Convention requires Support from the International forces (Art. 2). furthermore that services or Red Cross and Red Crescent specialist personnel be established Movement And finally, every State party to the who are responsible for securing Convention on the Rights of the respect for cultural property (Art. 7). The International Conference of the Child (Art. 42) and to its Optional Red Cross and Red Crescent, which Protocol of May 2000 on the If the programmes of military brings together the States party to involvement of children in armed instruction are to be effective, the Geneva Conventions and the conflict (Art. 6) undertakes to make guidelines should be adopted for Movement’s components (the ICRC, the principles and provisions of teaching the law and IHL should be the National Red Cross and Red those instruments widely known by incorporated into military Crescent Societies and their appropriate means, to adults and handbooks, manoeuvres and International Federation) in principle children alike. exercises and into the rules of every four years, regularly reminds engagement of the armed forces. the States of their obligations States which provide troops for regarding dissemination and the How should the States discharge peace-keeping or peace- Movement of its role to provide their obligation? enforcement operations conducted impetus and support for the States by the United Nations or under its in this field. In addition to making a distinction auspices should ensure that the between dissemination to the armed military personnel belonging to their The ICRC, for its part, has a forces and dissemination to the contingent are instructed in the mandate to work for the civilian population, the instruments provisions of the law. understanding and dissemination of of IHL indicate measures the States IHL with the cooperation of the must take in order to fulfil their Among the civilian population National Societies (Movement obligation to spread knowledge of Statutes, Art. 5, and ICRC Statutes, the law. In particular, Additional It is just as imperative to spread Art. 4). It has delegates who are Protocol I strengthens the obligation knowledge of the war among the specialized in this field and who are by requiring the States to take a civilian population as among the assigned to dissemination tasks in number of specific measures in armed forces. This is an area, the various regions of the world, it peacetime. Since dissemination however, in which the States are draws up dissemination must be as wide as possible, the given greater freedom. programmes and special teaching States are allowed considerable material for the armed and security leeway with regard to the choice of Instruction in IHL should be provided forces, academic circles and young means for dissemination. primarily to the public authorities people, and it runs campaigns to responsible for its application. It heighten public awareness of the The obligation to translate the should thus be stepped up in law. The ICRC Advisory Service on instruments of IHL into national universities, specifically in faculties IHL regularly updates a collection of languages obviously constitutes a of law, and the general principles of documents on implementation of the first step towards their the law should be taught in law in individual countries; this implementation (GC I/II/III/IV, Arts. secondary schools. Members of the collection, which is part of a 48/49/128/144; AP I, Art. 84; 1954 medical corps and of the media database that can be accessed Convention, Art. 26). should also be given training through the ICRC web site commensurate with their activities. (http://www.icrc.org/ihl-nat), Among the armed forces contains, inter alia, information on Protocol I stipulates furthermore that the measures taken by the States to Incorporating the study of IHL into the States must train qualified spread knowledge of IHL. programmes of military instruction is personnel to facilitate the the fundamental measure set forth application of the Conventions and The National Societies have a in the treaties with a view to making of the Protocol (Art. 6). These mandate to disseminate and to help the law known to the armed forces, persons, who should be qualified in their governments to disseminate who bear primary responsibility for particular in the legal, military and knowledge of the law. They must its application. Protocol I specifies medical fields and must be recruited take initiatives to that effect and that the military authorities must be and trained in peacetime in order to recruit, train and assign the fully acquainted with the text of the be operational in the event of necessary staff (Movement Statutes, Protocol (Art. 83, para. 2). This conflict, could be assigned by the Art. 3). Their International obligation is strengthened firstly by government authorities to the Federation also helps promote IHL the fact that the States must ensure dissemination service. and cooperates with them in this that legal advisers are trained to field (Movement Statutes, Art. 6, and assist commanders in the Federation Constitution, Art. 3). application of the Geneva

02/2003 International Committee of the Red Cross