[This is the expanded version of an op-ed published by Al Jazeera on 24 October 2024]
The Persistent Failure to Apply International Humanitarian Law and How to Begin to Solve It
In 1864, a small group of nations adopted a convention aimed at ameliorating the condition of the wounded in war. The First Geneva Convention laid the foundation for what has evolved into a comprehensive legal framework of International Humanitarian Law (IHL), also referred to as the ‘Laws of War’. IHL seeks to ensure the protection of all those who do not or no longer participate directly in hostilities, and to reduce the harms resulting from armed conflicts by restricting the methods and means of warfare. However, despite these noble efforts, 160 years later, we still see the devastating effects of war and systematic violations of IHL. As of 2024, there are around 120 ongoing conflicts that jeopardize the lives of millions around the world.
The Prosecution of Violations
Today, the struggle to achieve broad compliance with IHL in the face of global political dynamics is a significant concern. Despite the existence of robust legal frameworks, the lack of political will and effective mechanisms to hold violators accountable has led to widespread and systematic impunity. This impunity not only undermines the rule of law at national and international levels but also perpetuates cycles of violence and suffering.
The question of how to strengthen compliance with IHL came into sharp focus at the 32nd International Conference of the Red Cross and Red Crescent in 2015. The Swiss government and the International Committee of the Red Cross (ICRC) proposed a resolution to create a regular meeting of states that would serve as a platform for reporting on IHL compliance, but the proposal did not receive adequate support and was not instituted.
Implications of non-compliance and the failure to monitor IHL
The refusal by states to adopt essential mechanisms has had significant implications for millions of victims in armed conflicts. The lack of accountability undermines the rule of law and the protection of the civilian populations as well as humanitarian aid operations in conflicts, making it more difficult to prevent and respond to IHL violations. As a first step, an independent compliance monitoring system is needed to track and report on potential violations of IHL.
International bodies, such as the ICRC and the United Nations, have consistently advocated for stronger compliance mechanisms. The ICRC’s efforts emphasize the need for a “safe space” for states to discuss IHL implementation without political pressures. But states have hindered any establishment of such fora, leaving a significant gap in improving IHL compliance. Despite recognition of its importance, IHL therefore is critically weakened, with the victims of conflicts being the ones paying the price.
The way forward for IHL compliance, inspired by the past
Raoul Wallenberg was a Swedish diplomat renowned for his heroic efforts during World War II to save tens of thousands of Hungarian Jews from the Holocaust. Wallenberg, at great personal risk, led a team that provided refuge for Jews, shielding them from Nazi persecution. Wallenberg’s efforts went beyond his diplomatic duties; he showed profound compassion, humanity, and determination. His actions have left a lasting legacy and are a powerful example of moral courage and the impact one individual can have in the face of evil.
Despite the awful lessons of the Second World War and promises of ‘never again’, we live in a world where the horrors of war continue to plague humanity in Sudan, Gaza, Ukraine, Syria, Colombia, Yemen, Myanmar, Mali, Lebanon and elsewhere. To honour the legacy of Wallenberg, the Raoul Wallenberg Institute (RWI) has embarked on a groundbreaking initiative that promises to revolutionize the way we monitor compliance with IHL.
The establishment of a new academic research initiative – the IHL Compliance Monitoring Database (ICMD) – aims to become a cornerstone of the global architecture to help uphold the principles of IHL. For the first time, it will be possible to systematically gather, aggregate, and document global data on alleged IHL violations by using a vast network of partners, as well as the latest technologies. By consolidating this information into a single, accessible platform, the ICMD will be able to display data from various reliable sources and key partners, and by using the power of machine learning technologies the ICMD will be able to gather and analyse open access information to produce high-quality reports on potential violations of IHL, with the future potentiality of also monitoring compliance to document and show best practices.
The global coverage provided by the ICMD will enable the analysis of trends within and across armed conflicts, offering crucial insights for policymakers, practitioners and researchers. From this wealth of credible information, ICMD will be able to support world-class IHL Compliance Monitoring Analysis. Our analysis will not only promote awareness and knowledge of IHL but also support policy discourse and advocacy for deepened respect of IHL at the highest levels.
The road ahead
The ongoing failure to uphold IHL poses a grave threat to global peace and security. But now is the moment to act. States must rally behind initiatives like the ICMD and commit to strengthening IHL monitoring mechanisms. As citizens, we too have a role: to pressure our governments to prioritize IHL and demand better implementation and enforcement.
The road ahead is long and challenging, but with concerted efforts and a commitment to justice, we can make significant strides towards a more humane and just world. The ICMD initiative embodies this spirit, offering a powerful tool to ensure that alleged IHL violations are systematically documented to support efforts to counter impunity, restore the rule of law and repair the harms done to the victims.
Let us draw inspiration from Wallenberg’s courage and dedication, knowing that strong forces still seek to undermine IHL’s goal of limiting the harms of war.
Authors
Elisabet Fura, Chairperson of the Board of Trustees at the Raoul Wallenberg Institute, former Judge of the European Court of Human Rights
Peter Lundberg, Executive Director of the Raoul Wallenberg Institute of Human Rights and International Humanitarian Law
Mark Klamberg, Professor of Public and International Law at Stockholm University and Member of the Board of Trustees at the Raoul Wallenberg Institute
Stephen J. Rapp, Former US Ambassador-at-Large for War Crimes Issues (2009-2015), and member of the Raoul Wallenberg Institute ICMD Expert Reference Group
Sultan Barakat, Professor in Public Policy at Hamad Bin Khalifa University and an Honorary Professor at the University of York and member of the Raoul Wallenberg Institute ICMD Expert Reference Group
Jessica Almqvist, Professor of International Law and Human Rights at Lund University and member of the Raoul Wallenberg Institute ICMD Expert Reference Group
David Kaye, Professor of law at the University of California, Irvine and Affiliated Scholar at the Raoul Wallenberg Institute
Sriprapha Petcharamesree, Professor of International Law at Faculty of Law Chulalongkorn University, Bangkok, Thailand and member of the Raoul Wallenberg Institute ICMD Expert Reference Group
John P Cerone, Professor of International Affairs and Law at Tufts University and Affiliated Scholar at the Raoul Wallenberg Institute
Mariana Salazar Albornoz, Professor of International Law, International Humanitarian Law (IHL) and International Criminal Law (ICL) at Universidad Iberoamericana in Mexico City and member of the Raoul Wallenberg Institute ICMD Expert Reference Group
Jann Kleffner, Professor of International Law at the Swedish Defence University, Extraordinary Professor at the Faculty of Law of the University of Pretoria, South Africa and a member of the Raoul Wallenberg Institute ICMD Expert Reference Group