INTERNATIONAL COMMITTEE OF THE RED CROSS Advisory Service on international humanitarian law PARTICIPATION IN RELEVANT TREATIES OF INTERNATIONAL HUMANITARIAN LAW (IHL) AND IMPLEMENTATION THEREOF AT NATIONAL LEVEL Developments registered and activities conducted in countries and organizations of America in 2002 Document prepared by the International Committee of the Red Cross (ICRC) for the information of member States of the Organization of American States March 2003 The ICRC's 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 war and internal violence and to provide them with assistance. It directs and coordinates the international relief activities conducted by the Movement in situations of conflict. It also endeavors to prevent suffering by promoting and strengthening humanitarian law and universal humanitarian principles. Established in 1863, the ICRC is at the origin of the International Red Cross and Red Crescent Movement. The ICRC is mentioned several times in the instruments of international humanitarian law. Its work is therefore defined by texts to which States have subscribed. There are two types of legal basis: Treaties During international armed conflicts the ICRC founds its action on the 1949 Geneva Conventions and 1977 Protocol I additional thereto, which recognize its right to conduct certain activities such as: - bringing relief to wounded, sick or shipwrecked military personnel; - visiting prisoners of war; - taking action in behalf of the civilian population; and - ensuring that protected persons are treated according to the law. During internal armed conflicts, the ICRC bases its action on Article 3 common to the four Genva Conventions and on Protocol II. These recognize its right to make proposals by offering, for example, its services to parties to conflict with a view to: - undertaking relief operations; - visiting persons detained in connection with the armed conflict. Statutes In the other violent situations less intense than armed conflicts - internal disturbances for instance - the ICRC bases its action on the Statutes of the Movement, which grant it a right of initiative in humanitarian matters. It may in fact offer its services in any situation which requires the presence of a specifically neutral and independent intermediary. Taken together, all these rights constitute the permanent mandate assigned to the ICRC by the international community. They endorse the initiatives it has taken throughout its history to bring aid to the victims of war and disturbances, and confirm the acceptance of such initiatives by the international community. The ICRC also works as "guardian" of international humanitarian law, the law applicable in situations of armed conflict. INDEX A. Introduction . 1 B. Overview . 5 I. Participation in international humanitarian law (IHL) treaties and other relevant instruments. 5 II. National implementation of international humanitarian law treaties 11 a) Legislation . 11 - Protection of emblems - Punishment of breaches of IHL - Prohibition of anti-personnel mines (1997 Ottawa Convention) b) Other domestic implementation measures . 16 - Protection of cultural property in the event of armed conflict - Studies on the IHL compatibility of national law - Dissemination of International Humanitarian Law and its incorporation into official training and/or educational programs. - Information Bureaus III. National Commissions or other bodies concerned with the application of International Humanitarian Law . 24 C. Activities of regional organizations and academic institutions to promote respect for IHL and national implementation thereof 26 I. Organization of American States (OAS) . 26 a) General Assembly b) Committee on Juridical and Political Affairs (CJPA) c) Department of Legal Cooperation and Information II. Inter - American Court of Human Rights (IACHR) . 29 III. Inter - American Institute of Human Rights (IAIHR) . 29 IV. United Nations Organizations and Specialized Agencies . 30 V. Central American Educational and Cultural Coordinating group (CECC) - - . 30 VI. Non - Governmental Organizations . 31 D. Assistance offered and advisory activities conducted by the International Committee of the Red Cross in the countries of the Americas . 32 I. Dialog with competent authorities and technical assistance . 32 II. National workshops, training seminars and information sessions 34 III. Meetings of experts . 39 IV. Participation by ICRC legal advisors in conferences, courses and other IHL related events . 41 ANNEXES ANNEX I. List indicating the level of acceptance of States of America in the relevant international humanitarian law treaties ANNEX II. Cultural Properties inscribed on the World Heritage List, located in America ANNEX III. Key articles that require implementation at national level ANNEX IV. Chronological list on the establishment of National Committees for International Humanitarian Law ANNEX V. Resolution GA/RES 1904 (XXXII-O-02) "Promotion of and respect for International Humanitarian Law". Adopted by the General Assembly of the OAS at the fourth plenary session held on June 4, 2002, Bridgetown, Barbados. PARTICIPATIONARTICIPATION IINN IHLIHL TTREATIESREATIES ANDAND IIMPLEMENTATION THEREOFHEREOF ATAT NATIONALATIONAL LLEVELEVEL / 2002 R EPORTEPORT Many States have now assumed commitments under international humanitarian law treaties. However, for millions of people trapped in armed conflicts, those treaties are a dead letter, a distant dream that they never attain. Effective implementation of and respect for international humanitarian law (IHL), also known as international law of armed conflicts (ILAC), require action and willingness by States in the international and national arenas. To achieve the common objective of ensuring effective respect for the victims of armed conflicts, the first - and vital - step is international commitment to compliance with IHL treaties, by ratification or accession. This formal commitment must be accompanied by the adoption of a series of measures by States to ensure the domestic implementation and dissemination of the norms contained in those instruments. Fortunately, conditions on the American continent are currently favorable for the most part for the processes of bringing domestic legislation into line with the principles of IHL and the obligations inherent in IHL instruments. The Organization of American States (OAS) has repeatedly stated through its various gatherings the importance of the norms for the protection and safety of the individual in all circumstances. It has been emphasized since 1994, in particular by resolutions adopted by the General Assembly, that it is necessary and important to reinforce the principles of international humanitarian law through universal acceptance of the relevant instruments, domestic implementation of those instruments and making the rules contained therein as widely known as possible. In keeping with those principles, resolution AG/RES. 1904 (XXXII-O-02) "Promotion of and Respect for IHL" was adopted recently at the XXXIInd General Assembly of the OAS, held in Bridgetown, Barbados. The adoption of other IHL-related resolutions in the OAS General Assembly, like those on the International Criminal Court and on the involvement of children in armed conflicts, on anti-personnel mines, and also on light weapons, demonstrates the importance and relevance of IHL and attitudes to it in the OAS. 1 DEVELOPMENTSEVELOPMENTS REGISTEREDEGISTERED ANDAND ACTIVITIESCTIVITIES CONONDUCTEDDUCTED ININ AMERICA / 2002 REPORT At the same time, the growing cooperation between the OAS and the International Committee of the Red Cross (ICRC), through the holding of special sessions on IHL, the organization of governmental conferences and a close exchange of information, is certainly a framework for cooperation leading to consolidation in the hemisphere of the regime for the protection of victims of armed conflicts. The ICRC, for its part, in fulfillment of its commitments recognized in the 1949 Geneva Conventions and in the 1977 Additional Protocols, and as the promoter and guarantor of that body of law, conducts activities designed to bring about universal acceptance of IHL treaties, institutionalization of the dissemination of the norms they contain, adoption of the laws and regulations necessary for their domestic implementation, and the creation of committees or other specific interministerial or interinstitutional agencies that could promote and facilitate the implementation and application of IHL. Six years after its creation, working either out of its unit at ICRC Headquarters in Geneva, Switzerland, or in its delegations on each continent, the ICRC’s Advisory Service on International Humanitarian Law, with the help of its qualified staff and national experts, is continuing its constant efforts to provide technical assistance to government authorities that require it. In particular, the advisory services that the ICRC offers focus on the process of bringing national legislation and regulations into line with international obligations, facilitating the exchange of information on measures adopted and continuing support for the activities of the national commissions or committees for the implementation of IHL, and encouraging the exchange of information and cooperation among them. It should be noted that the progress made since the creation of the Advisory Service on IHL