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Implementation of international humanitarian law — Activities of qualified personnel in peacetime

Published online by Cambridge University Press:  13 January 2010

María Teresa Dutli
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Extract

Ever since international humanitarian law (IHL) was first codified the States, as contracting parties, have undertaken to adopt every measure necessary to implement their obligations under the relevant treaties. The duty to ensure implementation derives from the customary rule whereby the parties to a treaty must carry out its provisions in good faith. In addition, the Geneva Conventions of 1949 and their Additional Protocols of 1977 set forth special means of implementation which strengthen and specify this customary rule and apply from the moment a treaty enters into force. One such provision is Art. 6 of Protocol I, entitled “Qualified persons”.

Type
Implementation of International Humanitarian Law
Information
International Review of the Red Cross (1961 - 1997) , Volume 33 , Issue 292 , February 1993 , pp. 5 - 11
Copyright
Copyright © International Committee of the Red Cross 1993

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References

1 See Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949, Sandoz, Y., Swinarski, C., Zimmermann, B., eds., ICRC, Martinus Nijhoff Publishers, Geneva, 1987, p. 92, para. 239.Google Scholar

2 Since July 1980 there has no longer been a Red Lion and Sun Society nor any party to the Conventions which uses that sign.

3 The circular letter of 28 April 1988 was published in the IRRC, No. 263, March–April 1988, pp. 122–140. See also National measures to implement international humanitarian law. Resolution V of the 25th International Conference of the Red Cross (Geneva, 1986). Written representations by the International Committee of the Red Cross, ICRC, Geneva, 1991.Google Scholar

4 See “Replies received from States to the ICRC's written representations concerning national measures to implement international humanitarian law” annexed to the report on Implementation of international humanitarian law — National measures (Doc. C.I/4.1/1) compiled by the ICRC for the 26th International Conference of the Red Cross and Red Crescent (which was to have taken place in Budapest in 1991).

5 See Commentary, op.cit., pp. 93–94, para. 242.Google Scholar

6 Commentary, op. cit., p. 94, para. 243.Google Scholar

7 Protocol I, Art. 82 on “Legal advisers in armed forces” and Art. 83 on “Dissemination”.

8 See Commentary, op.cit., p. 94, para. 243.Google Scholar

9 See Commentary, op. cit., p. 931, para. 3296.Google Scholar

10 See note 3 above.

11 See Commentary, op.cit., p. 94, para. 243.Google Scholar