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International Humanitarian Fact-Finding Commission (IHFFC) (Article 90 of Protocol Additional I

International Humanitarian Fact-Finding Commission (IHFFC) (Article 90 of Protocol Additional I to the Geneva Conventions). Presentation of the IHFFC, its procedures and functioning by Prof. Charles Garraway, IHFFC Commissioner. The basis of the IHFFC Art. 90 AP I Paragraph 1.

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International Humanitarian Fact-Finding Commission (IHFFC) (Article 90 of Protocol Additional I

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  1. International Humanitarian Fact-Finding Commission (IHFFC) (Article 90 of Protocol Additional I to the Geneva Conventions) Presentation of the IHFFC, its procedures and functioning by Prof. Charles Garraway, IHFFC Commissioner

  2. The basis of the IHFFC Art. 90 AP I Paragraph 1. (a) An International Fact-Finding Commission (hereinafter referred to as “the Commission”) consisting of 15 members of high moral standing and acknowledged impartiality shall be established; International Humanitarian Fact-Finding Commission (IHFFC)

  3. Establishment and further development of the IHFFC June 25, 1991 Establishment of the IHFFC and first diplomatic conference for the elections (term of office of five years) October 29, 1996 Second diplomatic conference for the elections November 9, 2001 Third diplomatic conference for the elections December 7, 2006 Fourth diplomatic conference for the election International Humanitarian Fact-Finding Commission (IHFFC)

  4. International Humanitarian Fact-Finding Commission (IHFFC) Current status of declarations - overview

  5. Paragraph 2. (c)The Commission shall be competent to: (i) inquire into any facts alleged to be a grave breach as defined in the Conventions and this Protocol or other serious violation of the Conventions or of this Protocol; (ii) facilitate, through its good offices, the restoration of an attitude of respect for the Conventions and this Protocol; (d) In other situations, the Commission shall institute an inquiry at the request of a Party to the conflict only with the consent of the other Party or Parties concerned; International Humanitarian Fact-Finding Commission (IHFFC)

  6. Recent fact-finding practice: 1. Darfur Security Council: Resolution 1564 (2204), Cassese mission Result → criminal prosecution HRC: Resolution S-4/101. Result → more talks NGOs, Human Rights Watch: ongoing assessment of the situation. Result → continuing political lobbying ICRC: ongoing assessment of the situation. Result → major relief operation, appeals International Humanitarian Fact-Finding Commission (IHFFC)

  7. 2. Lebanon Security Council: silence! HRC: Resolution S-2/1. Result → controversial UNEP: assessment of pollution damage. Result → assistance in remedial action AI and Human Rights Watch: fast evaluation of damage. Result → appeals International Commission of Jurists: access to both sides. Results → remains to be seen International Humanitarian Fact-Finding Commission (IHFFC)

  8. Is there a role for the IHFFC in this complex picture of international fact-finding? What is the added value of the IHFFC? International Humanitarian Fact-Finding Commission (IHFFC)

  9. The added value of the IHFFC: Legitimacy: it is an agent of the treaty system of international humanitarian law. Efficiency: it provides the advantages of a low key, non- confrontational approach. International Humanitarian Fact-Finding Commission (IHFFC)

  10. Elements of a low key approach: Flexible procedures Confidential procedures No threat of sanctions No blaming and shaming Keeps the parties in control International Humanitarian Fact-Finding Commission (IHFFC)

  11. The new IHFFC: Good offices as: provided for by Art. 90 §2 (c) (ii) an initiative of the IHFFC Practice of the IHFFC International Humanitarian Fact-Finding Commission (IHFFC)

  12. Perspectives for the IHFFC Increase the material capabilities of the Commission - Seek the support of the international community U.N. General Assembly Resolution of 4 December 2006: The General Assembly, 3. Calls upon all States that are already parties to Protocol I, or those States not parties, on becoming parties to Protocol I, to make the declaration provided for under article 90 of that Protocol and to consider making use, where appropriate, of the services of the International Humanitarian Fact-Finding Commission in accordance with the provisions of article 90 of Protocol I. - Enhance the willingness of States affected by armed conflict to use IHFFC International Humanitarian Fact-Finding Commission (IHFFC)

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