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Biannual update on national implementation of international humanitarian law* January–June 2016
Published online by Cambridge University Press: 12 December 2017
The ICRC's Advisory Service on International Humanitarian Law aims to provide a systematic and proactive response to efforts to enhance national implementation of international humanitarian law (IHL). Working worldwide, through a network of legal advisers, to supplement and support governments’ own resources, its four priorities are: (i) to encourage and support adherence to IHL-related treaties; (ii) to assist States by providing them with specialized legal advice and the technical expertise required to incorporate IHL into their domestic legal frameworks; (iii) to collect and facilitate the exchange of information on national implementation measures and case law; and (iv) to support the work of committees on IHL and other bodies established to facilitate the IHL implementation process.
This selection of national legislation and case law has been prepared by Estefania Polit, Legal Attaché in the ICRC Advisory Service on International Humanitarian Law, with the collaboration of regional legal advisers.
1 In order to assist States, the ICRC Advisory Service proposes a multiplicity of tools, including thematic fact sheets, ratification kits, model laws and checklists, as well as reports from expert meetings, all available at: www.icrc.org/en/war-and-law/ihl-domestic-law (all internet references were accessed in December 2016).
2 For information on national implementation measures and case law, please visit the ICRC National Implementation of IHL Database, available at: www.icrc.org/ihl-nat.
3 To view the full list of IHL-related treaties, please visit the ICRC Treaties, States Parties and Commentaries Database, available at: www.icrc.org/ihl.
4 See the ICRC National Implementation of IHL Database, available at: www.icrc.org/ihl-nat.
10 Article 5(2) of the Convention on the Suppression of Terrorist Financing (Amendment) Act, No. 3 of 2013:
(a) an act which constitutes an offence within the scope of or within the definition of any one of the Treaties specified in Schedule I to this Act;
(b) any other act intended to cause death or serious bodily injury, to civilians or to any other person not taking an active part in the hostilities, in a situation of armed conflict or otherwise and the purpose of such act, by its nature or context is to intimidate a population or to compel a government or an international organization, to do or to abstain from doing any act.
12 To view the full list of national committees and other national bodies on IHL, please visit the ICRC's related webpage, available at: https://www.icrc.org/en/document/table-national-committees-and-other-national-bodies-international-humanitarian-law.
18 See Decision on the Hissein Habré Case and African Union Doc. Assembly/Au/3 (Vii), available at: www.hrw.org/news/2006/08/02/decision-hissene-habre-case-and-african-union-doc-assembly/au/3-vii.
20 See Supreme Court of Appeal, Southern African Litigation Centre v. Minister of Justice and Constitutional Development and Others, 2015 (5) SA 1 (GP), 2015, available at: https://ihl-databases.icrc.org/applic/ihl/ihl-nat.nsf/caseLaw.xsp?documentId=481F300878BA3075C1257F1E00386F19&action=openDocument&xp_countrySelected=ZA&xp_topicSelected=GVAL-992BU6&from=state.