Opening of the International Institute of Humanitarian Law Summer Course

Professor Veuthey
Ladies and Gentlemen:

It is a great pleasure to welcome you all to the Palais des Nations. I believe the fact that one full week in Geneva is included in your programme is an acknowledgement of the pivotal role that Geneva plays in multilateral diplomacy covering all dimensions of daily life such as health, labour, communications and individual and collective rights, and many more. I appreciate continuing the tradition of welcoming the summer course students here at the Palais des Nations.

One of the unique aspects about Geneva is the presence of so many stakeholders – Governments, international organizations, research institutes and think tanks, civil society, and the private sector. One of my priorities is to make better known all of these actors who work here and their impact on the daily life of each individual on the planet in the fields of peace, rights and well-being. Geneva stands at the core of the formulation and implementation of International Humanitarian Law, which impacts millions of people around the world.

Half way through this historic year of 2014, a year of many landmarks, we celebrate the 150th anniversary of the ground-breaking first Geneva Convention that established the founding principles of International Humanitarian Law, initiated by Henri Dunant after he witnessed the human tragedy at Solferino.

2014 also marks another milestone, a century after the shots fired in Sarajevo that initiated the spiral of violence that brought us the catastrophe of the first World War. A tragedy which cost an entire lost generation of our grandfathers and great grandfathers. By that time, respect for the Geneva Convention and operations led by the ICRC played a vital role in saving lives and preventing needless suffering. Nevertheless, the resulting disastrous human toll of more than 16 million dead and 20 million wounded convinced the international community that more had to be done.

The League of Nations, based here at the Palais des Nations in Geneva, was critical to the further development of International Humanitarian Law. Among many landmarks, the Geneva Conventions were extended in 1929 so as to define new rules on the protection of prisoners of war.

Remembering this past century and a half of improving human conditions in time of armed conflict, we are still conscious of how fragile peace can be and the great need for International Humanitarian Law to be nurtured over time to ensure the basic rights of each human being. This is true now more than ever.

While it is true that since its inception, the ICRC has taken the lead in setting the standards in this field, International Humanitarian Law serves as one of the pillars of the work of the United Nations. We have also contributed, and quite markedly so, to standard-setting activities that impact International Humanitarian Law. One of the areas where this is most visible and relevant is in ensuring respect for International Humanitarian Law by States and non-State actors involved in situations of armed conflict.

For almost a decade now, the United Nations Human Rights Council has regularly discussed violations of International Humanitarian Law in many countries at most of its sessions. Likewise, the many United Nations human rights treaty bodies that are based here in Geneva are also addressing violations of International Humanitarian Law in Member States and in the many conflicts that we are still seeing around the world.

But we can do more.

The United Nations has always worked with people affected by armed conflict, especially with civilians and the most vulnerable groups, women and children. In my experience with the United Nations, in countries such as Cyprus and particularly in Haiti, I have seen first-hand the need for protection of civilians. Indeed, the United Nations both at headquarters and in the field, from Afghanistan to Zimbabwe, acts to ensure that human rights are respected in armed conflict and to limit the impact of indiscriminate ordnance, such as landmines.

The applicability of International Humanitarian Law to forces conducting operations under United Nations command and control was reaffirmed in the Secretary-General’s Bulletin issued on 6 August 1999 to mark the 50th anniversary of the adoption of the Geneva Conventions. The Bulletin sets out a list of fundamental principles and rules of International Humanitarian Law. These principles are applicable, as a minimum, to United Nations forces whenever they are engaged as combatants in an enforcement action or when acting in self-defence during peacekeeping operations, to the extent and for the duration of armed engagements

Our commitment to respect International Humanitarian Law has been further demonstrated by the mandatory inclusion of human rights instruments and procedures in all United Nations peacekeeping mandates provided by the Security Council. It is one of the greatest achievements of the past 15 years. The Council has called for the promotion of adherence to International Humanitarian Law, with specific mandates for peacekeeping missions to support the prevention of sexual and gender-based violence, and the protection of women and children. The fight against sexual and gender-based violence is one of our most critical humanitarian challenges in our peacekeeping operations.

Some customary rules include prohibition for children to be recruited into armed forces or armed groups, and to take part in hostilities. In some cases, the United Nations can – and does – lead negotiations with armed groups for demobilizing child soldiers. For example, right now tens of thousands of girls and boys find themselves fighting adult wars in at least 17 countries in different regions around the world. We, within the framework of the ILO Convention no. 182, cooperate with armed parties to end recruitment of children.

Just this week on 30 June and 1 July, at the initiative of Switzerland and the International Committee of the Red Cross, States gathered for a third meeting in Geneva to discuss concrete measures to strengthen compliance with International Humanitarian Law. The participating States agreed that International Humanitarian Law continues to be an appropriate legal framework to regulate the conduct of parties to armed conflicts, and to protect persons who are not, or no longer, participating in the hostilities. A fourth meeting is already scheduled for early summer 2015. This is another step forward by the International Geneva family to remain at the forefront of efforts to address the key issues essential to protecting the rights of the most vulnerable in armed conflict.

Since 1945, nuclear weapons raise a number of concerns under International Humanitarian Law, primarily related to the impact these weapons can have on civilians and civilian areas, and to their effects on the environment. We have sought to eliminate such weapons ever since our establishment. The first resolution adopted by the General Assembly in 1946 established a Commission to deal with problems related to the discovery of atomic energy among others.

Nuclear weapons and new and coming military technologies must be in line with current International Humanitarian and Human Rights Law. It is better is to ban these weapons altogether or, at the very least, make sure that their deployment and use are subject to clear human control. Just recently, in May of this year, experts and delegates from several United Nations organizations, the ICRC, NGOs, academic institutions and 87 countries came together here to discuss these challenges.

The Convention on Certain Conventional Weapons – the CCW – that prohibits the use of blinding laser weapons in one of its protocols should inspire States to do the same for drones and killer robots. Last March, the Human Rights Council held discussions on the issue of drones and in November of this year, the next CCW Meeting will also discuss the issue. Recently, the Conference on Disarmament held discussions with experts on how to start negotiations in this area.

It is clear that in the ongoing tragedies of sectarian and inter-communal conflicts in the Sahel, Central African Republic, South Sudan, the DRC, Syria, Iraq, eastern Europe - to name but this week’s news headlines - have once again refocused international attention on the need to reinforce and sustain the protection of civilians in armed conflict and on implementation of International Humanitarian Law. This ongoing dialogue can be greatly advanced by academic and research institutions – and they already do. The International Institute of Humanitarian Law has long been a lead Institute in the field of promoting the understanding, development and dissemination of International Humanitarian Law. And one with which the United Nations has an extensive tradition of cooperation.

More than ever, I think, it is up to all of us – the United Nations, States, non-State actors, non-governmental organizations and academia - to push for much greater respect and enforcement of International Humanitarian Law. We need to make it a priority for our actions, operationally and politically, to fully reflect the spirit of the United Nations Charter.

I will stop here and I look forward to our interaction.