International Humanitarian Investigation Commission

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The International Humanitarian Fact-Finding Commission ( International Humanitarian Fact-Finding Commission , IHFFC or German IHEK) is since 1991 constantly existing international legal institution based in the Swiss city of Bern , whose main task for the impartial investigation of allegations to serious violations of international humanitarian law is. In addition, the Commission should contribute to respect for the Geneva Conventions and their Additional Protocol I by offering its support to the contracting parties, for example by making proposals to the parties involved in a conflict to improve compliance with the agreements and by settling differences in their interpretation concerning. The legal basis for the establishment of the commission is Article 90 of the Additional Protocol of June 8, 1977 to the Geneva Agreement of August 12, 1949 on the Protection of Victims of International Armed Conflict.

Competence and tasks

The recognition of the competence of the commission by a country takes place by means of a declaration, which has to be made independently of the accession to the additional protocol I. Both permanent recognition and recognition restricted to a specific conflict are possible. As with the accession to the Geneva Conventions and their additional protocols, the declaration of recognition of the competence of the International Humanitarian Investigation Commission must also be addressed to the Swiss Federal Council in its role as depositary of the Geneva Conventions. The Commission was set up as a permanent body in 1991 after recognition by 20 contracting parties. The constituent meeting took place in March 1992, and on July 8, 1992 the Commission began its permanent work after the adoption of procedural rules.

The commission consists of 15 persons who are elected for a period of five years by the states that recognize the competence of the commission. A multiple re-election is possible. The members of the commission are active regardless of their home countries. A balanced representation of all world regions in the occupation is sought. The Commission's work in investigating possible serious breaches of the Geneva Conventions is purely investigative. A final conviction of states or individuals or other legal activities are not part of the tasks of the commission. Investigations of minor violations are also not part of their work.

Thilo Marauhn from Germany has been a member of the commission since 2012 . Gisela Perren-Klingler from Switzerland has been a member of the commission since 2006 , and she has also been President since 2012. Former members include Michael Bothe (2011–2011) from Germany, Erich Kussbach from Austria and Marcel Dubouloz (1991–2006) from Switzerland.

Working method

Applications to the commission to start investigations can only be made by states that have recognized their competence. These states do not have to be involved in the conflict in question themselves. The Commission cannot act on its own initiative or at the request of private individuals, organizations or other non-governmental bodies. As a rule, the investigations are not carried out by the entire commission, but by a chamber made up of five elected members of the commission and two temporarily appointed ad hoc members. As a rule, each party involved in the conflict nominates one of these two ad hoc members. No member of such a chamber should be a citizen of one of the countries involved in the conflict.

In the course of an investigation, all parties involved in the conflict are entitled to present evidence or to question evidence from the other side. After completing the investigation, the commission draws up a report based on the findings of the investigating chamber, which it sends to all parties to the conflict. This report will only be released to the general public with the consent of all parties involved in the conflict.

The activities of the commission are financed by the states, which permanently recognize their competence, as well as by voluntary contributions. In the event of an investigation, all expenses incurred are pre-financed by the country that requested the investigation. As a rule, up to half of the costs are repaid by the other party to the conflict after the investigation has been completed. Other financing models are possible by mutual agreement.

acceptance

As of November 2015, 76 countries have issued declarations of permanent recognition of the Commission's competence, the last country to date was St. Kitts and Nevis on April 17, 2014. In addition, some countries have recognized the Commission's competence ad hoc during an ongoing conflict, Sun Croatia on 11 May 1992, Bosnia and Herzegovina on 31 December 1992 and Colombia on April 17, 1995. Nevertheless, has been directed no application for holding determination to the Commission. An application was made by Chechen authorities on the assumption that Chechnya is an independent state and that Russia's military operations are thus an international conflict. However, this request was rejected by the Commission.

On February 17, 1982, Switzerland was the fourth country to issue a declaration of recognition of the Commission's competence, Austria on August 13, 1982 as the sixth country and Germany on February 14, 1991 as the 21st country. The first countries were Sweden on August 31, 1979, Finland on August 7, 1980 and Norway on December 14, 1981. The 20th declaration necessary to set up the Commission came from Canada on November 20, 1990 . Of the five permanent members of the UN Security Council , Russia and Great Britain are parties.

literature

  • Erich Kussbach: The International Humanitarian Fact-Finding Commission. In: International and Comparative Law Quarterly. 43 (1) / 1994. British Institute of International and Comparative Law, pp. 174-185, ISSN  0020-5893
  • Frits Kalshoven : The International Humanitarian Fact-Finding Commission. A Sleeping Beauty? In: Humanitarian international law - information documents. 4/2002. DRK General Secretariat and Institute for Peacekeeping Law and International Humanitarian Law, pp. 213–216, ISSN  0937-5414
  • Luigi Condorelli: The International Humanitarian Fact-Finding Commission. An Obsolete Tool or a Useful Measure to Implement International Humanitarian Law? In: International Review of the Red Cross. 842/2001. International Committee of the Red Cross, pp. 393–406, ISSN  1560-7755
  • Charles Garrawaya: The International Humanitarian Fact ‐ Finding Commission. In: Commonwealth Law Bulletin. 34 (4) / 2008. Routledge on behalf of the Legal and Constitutional Affairs Division of the Commonwealth Secretariat, pp. 813-816, ISSN  0305-0718

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