VIEW FROM THE CPA SECRETARY-GENERAL
CELEBRATING THE GENEVA CONVENTIONS AND BUILDING RESPECT FOR INTERNATIONAL HUMANITARIAN LAW: A COMMONWEALTH PERSPECTIVE View from the 7th CPA Secretary-General What is international humanitarian law? International humanitarian law (IHL) is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict. International humanitarian law is part of international law, which is the body of rules governing relations between States. A major part of IHL is contained in the four Geneva Conventions of 1949 and nearly every State in the world has agreed to be bound by them. The domestic implementation of certain provisions of the Geneva Conventions and their 1977 First Additional Protocol is a legal obligation accepted by States.
becomes a party to international treaties and they can use parliamentary procedures to ask their government why the State has not yet signed and ratified or acceded to a treaty. If the State has signed but not ratified a treaty, Parliamentarians can initiate legislation to submit a Bill on the matter; Parliamentarians can lobby government to become a party to international instruments; and they can try to ensure that when the State does become a party to an international treaty, it does so without reservations or declarations that are contrary to the ‘object and purpose’ of the instrument. There is also a Mr Akbar Khan role for reviewing and narrowing, or removing previous Secretary-General of reservations in previous international instruments. the Commonwealth In many Commonwealth jurisdictions which follow Parliamentary Association the ‘dualist’ notion of receiving international law1, it is necessary for Parliament to adopt national legislation to bring the treaty into force or to bring domestic law into line with the The role of Parliamentarians in effectively implementing international obligations. national criminal sanctions This is an area where Parliamentarians have a huge opportunity The Commonwealth Parliamentary Association (CPA) is an international to improve the legislation and a responsibility to ensure the treaty community of around 180 Commonwealth Parliaments, Parliamentarians and parliamentary staff committed to deepening democratic governance through the promotion of Commonwealth values such as democracy, rule “Commonwealth Parliamentarians play of law, human rights, international peace and security, good governance. an important role in whether a State The CPA, for example, played a key role in the establishment of the Commonwealth Latimer House Principles on the separation of powers becomes a party to international treaties which highlights the importance of the separation of powers between the and they can use parliamentary procedures Legislature, the Executive and the Judiciary to ensure effective governance and democracy. The Commonwealth Latimer House Principles provide to ask their government why the State guidance on the role of the separation of powers in the Commonwealth, its has not yet signed and ratified or acceded effectiveness in providing democratic governance and the role of civil society. All of these values are relevant to the role of IHL today. The to a treaty. If the State has signed but implementation of IHL promotes and upholds a rules-based not ratified a treaty, Parliamentarians international system in which the proper implementation of and compliance with, IHL is an important part of that system. Therefore, the can initiate legislation to submit a Bill implementation of IHL goes directly to promoting the rule of law and on the matter; Parliamentarians can good governance, and contributes to international peace and security. In most jurisdictions, the Executive is primarily responsible for lobby government to become a party IHL matters which includes becoming party to international treaties, to international instruments; and they proposing related implementing legislation and giving effect to such laws. Nevertheless, the Legislature has an important role in many can try to ensure that when the State of these measures and the Executive must work together with does become a party to an international Parliaments and Parliamentarians to help ensure that IHL is properly implemented to give effect to their State’s international obligations. treaty, it does so without reservations or What can Parliamentarians do? Commonwealth Parliamentarians play an important role in whether a State 196 | The Parliamentarian | 2019: Issue Three | 100th year of publishing
declarations that are contrary to the ‘object and purpose’ of the instrument.”