Respect for international humanitarian law

This handbook was prepared at the initiative of and
with input from the following parliamentarians, all
members of the Inter-Parliamentary Union’s Com-
mittee to Promote Respect for International
Humanitarian Law: Mr. Tomas Nonoˆ (Brazil),
Mr. Jonathan Hunt (New Zealand), Ms. Beth Mugo
(Kenya) and Mr. Franc¸ois Borel (Switzerland).
Writing and Editorial Board:
. Inter-Parliamentary Union: Ms. Christine Pintat
and Ms. Kareen Jabre
. International Committee of the Red Cross:
Mr. Arnold Luethold, Mr. Fre´de´ric Me´gret and
Mr. Laurent Masmejean
ICRC legal advice: Ms. Isabelle Daoust and Ms. Maria
Teresa Dutli
Translation: Ms. Susan Mutti

What does the Handbook
contain?
‰ In the form of seven questions a presentation of
international humanitarian law and a general overview
of what parliamentarians can do to ensure respect for it.
To apply international humanitarian law, parliamentar-
ians first have to understand it and the importance of
compliance with it.
‰ In seven sections the measures to be taken to respect
and ensure respect for international humanitarian law.
Each measure is presented following the same outline:
Why? Before they can act, parliamentarians must
understand the usefulness of their action. The meaning
and importance of each measure are therefore explained.
How? Before they can act, parliamentarians must also
understand the terms and conditions of their action.
These are therefore described in general terms so that
their concrete implications are clear.
What is the role of parliamentarians? For parliamen-
tarians to be able to take effective action, they must
know exactly where and how their work can make a
difference with regard to each measure.
What can you do? A series of steps parliamentarians
can take, which serves as a checklist to make sure
nothing has been forgotten.
‰ Model instruments and reference material. By using
these tools, parliamentarians will find it easier to bring
their governments to become party to the treaties of
international humanitarian law and to carry out the
ensuing legislative work.
‰ Practical additional information.

Table of contents
Foreword ................................................................................................ 3
Seven questions concerning international humanitarian law:
. Question 1 What is international humanitarian law? ............................ 9
. Question 2 What does international humanitarian law
protect and how? ................................................................ 14
. Question 3 What are the principal treaties of international
humanitarian law? .............................................................. 18
. Question 4 Who must respect international humanitarian law? ............ 24
. Question 5 Why respect international humanitarian law? ..................... 25
. Question 6 How can one ensure respect for international
humanitarian law? .............................................................. 26
. Question 7 How are parliamentarians concerned
and what can they do? ...................................................... 28
Seven measures to respect and ensure respect
for international humanitarian law
. Measure 1 Becoming party to the treaties of international
humanitarian law ................................................................ 39
. Measure 2 Repressing violations of international humanitarian law ..... 43
. Measure 3 Protecting the Red Cross and Red Crescent emblems ......... 50
. Measure 4 Taking implementing measures to ensure respect
for international humanitarian law ...................................... 54
. Measure 5 Spreading knowledge of international humanitarian law ..... 58
. Measure 6 Establishing a national implementation commission ............ 62
. Measure 7 Taking action to obtain universal respect
for international humanitarian law ...................................... 67
Model instruments and reference material
. Model notification of an instrument of ratification .................................. 75
. Model instruments of ratification, acceptance, approval or accession
to the 1980 Conventional Weapons Convention .................................... 77
. Suggested declarations ............................................................................ 80
. Model law concerning the use and protection of the Red Cross
and Red Crescent emblems ..................................................................... 82
. Brief overview of the protection afforded to certain specific groups
under international humanitarian law ..................................................... 89
For more details ................................................................................... 93