ICRC

MEETING OF 

NATIONAL
COMMITTEES

ON
INTERNATIONAL
HUMANITARIAN
LAW


BACKGROUND GUIDE

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FROM THE EXECUTIVE BOARD 3
PURPOSE BEHIND THE GUIDE 4
PROCEDURE 5
COMMITTEE BACKGROUND 6
LETTER FROM ICRC ADVISORY SERVICE ON INTERNATIONAL
HUMANITARIAN LAW 8
AREAS OF FOCUS 9
1. REPRESSION OF VIOLATIONS DURING THE CONDUCT OF
HOSTILITIES 10
2. LIMITATIONS IN THE INSTRUMENTS OF IHL 13
3. AN INTEGRATED APPROACH STRENGTHENING COMPLIANCE
WITH INTERNATIONAL HUMANITARIAN LAW AT THE NATIONAL
LEVEL. 22
COMMITTEE DOCUMENTATION 23
HOW TO GO ABOUT RESEARCH 25
CONTACT DETAILS 27

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 From The Executive Board




It is an honour and privilege to welcome you to Zeste Model United
Nations’16. It is an even greater privilege to welcome you to the ICRC
Meeting of National Committees on International Humanitarian Law.

A very simple principle that I would like every delegate to be familiar with
is the fact that the entire structure of MUN exists for the purposes of
debate and a good experience; including the Executive Board. 

Do not consider us, or for that matter, any Executive Board member
‘above’ you in any way or form. Simply understand that they are playing a
different role, not to debate, but to ensure great debate.

Never be afraid to question anything with reference to the functioning of
the committee, we welcome opinion and critique.



Regards,

Agastya, Harshit and Bhavya.*




*Contact details at the end of

the guide.
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 Purpose Behind The Guide



The purpose behind the guide is quite simple; to introduce you to the
committee and the agenda.

The committee may seem complex and the agendas even more so, but
once you familiarise yourself with it, you’ll find that it is extremely
engaging. This guide is there to familiarise and give background to the
committee and the substantive discussion.

Please do not use this guide as the be all end all of your research, or even a
majority of your research since you must treat this guide only as a refresher
and an introduction.



Also, very importantly the background guide has attempted to break down
every single complex concept in a manner that we feel will promote
understanding of topic, it has been broken down to its base form and
utmost simplicity. Please do not feel patronised by it, we are doing it simply
to help you.

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 Procedure

This committee shall follow UNA-USA procedure*, but there may be the
need for a departure from procedure at a certain point in time and the
Executive shall exercise discretionary powers.

Procedure exists for the facilitation of debate, the moment procedure
hinders debate is the moment we will discontinue that procedure.

Do be well versed with procedure as it is often ignored, but if you have a
proper understanding of it, you can utilise it to your advantage. 

We appreciate the use of procedure to further your point but will not look
kindly upon the misuse of procedure to further your point. 

The deliberate misuse of procedure at any point in time will affect our
view of you as a delegate and subsequently your standing in committee
with reference to awards.

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 Committee Background
THE ICRC 

It is quite a well defined organisation; here a few pointers that should point
you in the right direction.

The ICRC is the only institution explicitly named under International
Humanitarian Law (IHL) as a controlling authority. The legal mandate of
the ICRC stems from the four Geneva Conventions of 1949, as well as its
own Statutes.

The core tasks of the Committee, which are derived from the Geneva
Conventions and its own statutes are:
• to monitor compliance of warring parties with the Geneva Conventions;
• to organize nursing and care for those who are wounded on the battlefield;
• to supervise the treatment of prisoners of war and make confidential interventions
with detaining authorities;
• to help with the search for missing persons in an armed conflict (tracing service);
• to organize protection and care for civil populations;
• to act as a neutral intermediary between warring parties.


National Committees for the Implementation of international
humanitarian law:
Implementation of IHL requires States to adopt a number of domestic
laws and regulations. To facilitate this process, many States have created
either national interministerial working groups, often called committees for
the implementation of IHL, or national humanitarian law committees.
Their purpose is to advise and assist the government in implementing and

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spreading knowledge of IHL.

These national Committees coordinate with the Red Crescent Movement
and the ICRC.

For more detail: 

h t t p s : / / w w w. i c r c . o r g / e n / d o c u m e n t / n a t i o n a l - c o m m i t t e e s -
implementation-international-humanitarian-law-0#.VD0ttFOa4wo 




As a representative of a Red Cross Committee, your main job is to help

formulate the laws of war.




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Letter From Icrc Advisory
Service On International
Humanitarian Law

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Areas Of Focus

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 1. Repression Of Violations
During The Conduct Of
Hostilities

1. What is the ‘conduct of hostilities’?

“International law on the conduct of hostilities regulates and limits the
methods and means of warfare used by parties to an armed conflict. It
aims to strike a balance between legitimate military action and the
humanitarian objective of reducing human suffering, particularly among
civilians.”1 

Conduct refers to the manner in which something is done. The
‘something’ in this case is hostility; that is war or armed conflict. 

The manner in which war is fought, making sure there is;
• distinction between civilians and combatants;
• a prohibition of attacks against those hors de combat;
• a prohibition on the infliction of unnecessary suffering;
• a respect towards the principle of proportionality;
• a notion of necessity;
• a respect towards principle of humanity;

;among others.2
If there is a lapse during war with respect to any of these we have a
violation.

1 https://www.icrc.org/eng/war-and-law/conduct-hostilities/overview-conduct-of-hostilities.htm
2 https://www.diakonia.se/en/ihl/the-law/international-humanitarian-law-1/introduction-to-ihl/principles-of-
international-law/

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 2. What constitutes a violation?
A violation is a failure to comply with. The 6 rules of war stated above are
just one of the many, the next area of focus deals with a few treaties which
also lay down rules. 

But a violation implies an obligation; how does one establish obligation for
laws that themselves are called ‘customary’. 

So if someone raises an allegation regarding a violation they will have to
show a belligerent’s obligation towards the rule or law.

3. What is repression?
Repression is prevention. Preventing the violations of the laws of war
during conflict.

Our committee is instrumental towards the formulation of laws of war, for
this reason at the end of committee our documentations will be our means
of repression of violations.






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 For this committee, we expect you to address the violations of the laws of
war in current conflicts with respect to;




A. CUSTOMARY IHL

(important provisions)


1. The principle of distinction; 


(Chapters 1-6)


2. . Specifically Protected Persons and Objects


(Chapters 7-9)


3. . Weapons

(Chapters 20 -31)


4. Treatment of Civilians and Persons Hors de Combat


(Chapters 32-39)

B. Other Treaties and Bodies of Law Mentioned

in the Guide





Feel free to discuss any other aspect that we have not mentioned.

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 2. Limitations In The
Instruments Of Ihl


As i’ve said earlier define each word in an agenda, it has been framed
keeping each word in mind.



Instruments of IHL

IHL is a part of public international law. 

Public international law is a vast set of treaties, customary law, principles
and norms. 

Public international law traditionally regulated relationships only between
states. IHL is notable in this regard, as it recognises obligations for both
states and non-state armed groups that are parties to an armed conflict
(Keep in mind, will help in committee).



Instruments are these treaties and customary law. Both treaty law and
customary international law are sources of international law. Treaties, such
as the four Geneva Conventions of 1949, are written conventions in which
States formally establish certain rules.


“ Customary international law, on the other hand, derives from " a

general practice accepted as law " . Such practice can be found in official
accounts of military operations but is also reflected in a variety of other
official documents, including military manuals, national legislation and
case law. (REFERRED TO AS STATE PRACTICE) 


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The requirement that this practice be " accepted as law " is often referred
to as " opinio juris”. ”3

SIMPLIFIED


Treaties are international agreements which States may sign, ratify, adopt
into their own laws.

Customary International Law may be a bit complex, do pay attention.

Both the below requirements need to be satisfied for a principle of
customary international law to exist.

1. OBJECTIVE REQUIREMENT

State Practice is basically an act practiced commonly and consistently. A
lot of countries doing the same thing in the same way for a long time.

For ex. we have seen for a long time that most States do not send
back people coming in to their country because of violence or
persecution. They take them in. Non-expulsion of such refugees
has been practiced in the same way.

2. SUBJECTIVE REQUIREMENT

Opinio juris is basically a country feeling that it has a legal obligation to
do something A country does that something because it feels legally
motivated to do it.

Continued ex. Countries feel not only morally obligated to protect

these people coming but legally obligated as well. They feel they

3 https://www.icrc.org/eng/resources/documents/misc/customary-law-q-and-a-150805.htm

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 will be committing a crime if they return them to the land of
persecution and other countries may prosecute them.

Therefore, we have the principle of non-refoulement as a principle
of CIL. 

Then this principle was written down and defined by Article 33 of
the 1951 Convention relating to Status of Refugees.

Satisfy Opinio Juris and State practice requirements;





Exist as CIL;



States may feel the need to define it to enforce it, and once
defined it exists in a convention or treaty etc.

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Instruments of IHL you should focus on focus on:

Red- must focus on

Blue- should focus on


1. 1907 Review of The Hague Conventions of 1899 and adoption of

new Conventions

Geneva Conventions

III. Treatment of Prisoners of War

IV. Protection of Civilian Persons in Time of War
2. 1977 Two Protocols additional to the four 1949 Geneva Conventions
3. 1998 Rome Statute of the International Criminal Court
4. 2005 Protocol additional to the Geneva Conventions, and relating to
the Adoption of an Additional Distinctive Emblem (Additional
Protocol III)
5. 2013 Arms Trade Treaty
6. Customary IHL Rules


1. 1925 Geneva Protocol for the Prohibition of the Use in War of

Asphyxiating, Poisonous or Other Gases, and of Bacteriological
Methods of Warfare
2. Geneva Convention relative to the Treatment of Prisoners of War

I. Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field

II. Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea
3. 1954 The Hague Convention for the Protection of Cultural Property
in the Event of Armed Conflict

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4. 1999 Second Protocol to the Hague Convention of 1954 for the
Protection of Cultural Property in the Event of Armed Conflict
5. 2000 Optional Protocol to the Convention on the Rights of the Child
on the involvement of children in armed conflict
6. 2006 International Convention for the Protection of All Persons from
Enforced Disappearance
7. 2008 Convention on Cluster Munitions

Feel free to discuss any other treaty that we have not mentioned.


It may seem vast but once you figure out your Committee policy you will
be able to narrow it down easily. This is not all there are Customary Rules
of IHL which you must also research upon.

I’ve narrowed it down to 5, which are a must, and 7 which we should
discuss.




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Limitations

A limitation is a restriction. It is a drawback. 

Consider the important aspects of IHL, read treaties with those in mind
and if you feel that an aspect is:

not fully covered;

misrepresented;

illogical; 

not in keeping with today’s means of warfare;

etc.

Then you must address that, however, keep in mind Committee policy.



If Rule X of Customary IHL says y but a Committee has used Rule X as z
in its country then the Committee has a differing interpretation. This
differing interpretation means that the Committee feels that Rule X in
Customary IHL has a drawback or a limitation. Point this out in
committee.

This differing interpretation can be of two types;

1. A complete difference.

FATF Recommendation 26. 

“Countries should establish a FIU that serves as a national centre.” 

A country may believe that a government established institution will be
counter productive since there might be a conflict of interest/ rampant
governmental corruption and reject this recommendation outright and
call for an international financial observer. 

2. An interpretational difference.
Article 51 of the UN Charter

“Nothing in the present Charter shall impair the inherent right of

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individual or collective self-defence… international peace and security.”

The United States may believe that this collective self defence may be
invoked without the consent of State in need of defence against the
aggressor.

The government of Nicaragua however may believe that the consent of
the state in need of defence is necessary to provide military assistance to
that state or take military action against the aggressor on behalf of the
state in need of defence.



Thus, in the first instance we saw a State recognising a failure in a law and
rejecting it outright.

In the second, a State is interpreting a law within its framework but outside
its understood meaning to further its own goals (as USA did in their
interference and intervention in Nicaragua even though Honduras, Costa
Rica or El Salvador did not request assistance).



Further, don’t just point out a drawback, fill the gap too and propose
solutions or alternatives.

Reading laws and coming up with your own limitations is perfectly alright
and innovative but do keep Committee policy in mind and research further
on your limitation.






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Examples of limitation that have already been addressed;


Protection of journalists
Under the Geneva Conventions of 1949, certain types of protection may
be granted to journalists in conflict zones, but, as the General Assembly
noted in 1970, some categories of journalists on dangerous assignments
were not covered. With the mandate of the General Assembly and the
Economic and Social Council, the Commission on Human Rights
approved in 1972 a draft of an international convention on the protection
of journalists engaged in dangerous missions in areas of armed conflict.
The draft was referred to the ICRC's Diplomatic Conference on the
Reaffirmation and Development of International Humanitarian Law, and
the point is dealt with in article 79 of Protocol I adopted by the
Conference in 1977. This article states that journalists engaged on
dangerous assignments should be considered as civilians and protected
provided they take no action which would adversely affect their civilian
status. The Protocol provides a model of an identity card to be issued by
the government of the State of which the journalist is a national. 



Accounting for the missing and dead
A United Nations convention on the death of missing persons entered into
force in 1952 and ceased to be valid after two extensions-in 1967. The
legal difficulties arising from the absence as a result of armed conflict of
persons whose death cannot be conclusively established is now covered by
Protocol I to the 1949 Geneva Conventions. This states that, as a general
principle, as soon as circumstances permit, and at the latest at the end of
hostilities, each party to the conflict shall search for persons reported

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missing and report all relevant information to their opponents.



Few examples of unaddressed limitations;

Emblem issue in Crimea raised concern over loopholes in laws of war.
(hint: Geneva Conventions)

Arms Trade Law limitations.

International Criminal Jurisdiction.



These are just a few of many, please do discuss more.




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 3. An Integrated Approach
Strengthening Compliance
With International
Humanitarian Law At The
National Level.


This Area is purely a procedural requirement by the actual Secretariat of
the ICRC, the Universal Meeting’s goals are always defined by this Area of
Focus. To maintain authenticity, we included it.

Very simply it is the convergence of the first two. It is simply the solution to
the first two Areas of Focus. 

The documentation process will be finalised here, we will discuss the first
two topics in detail and then move onto the third, once the first two have
exhausted, preferably.

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 Committee Documentation
REPORT 

THE UNIVERSAL MEETING 

OF NATIONAL COMMITTEES

COMMITTEE SPONSORS:




ON THE QUESTION OF REPRESSION OF VIOLATIONS DURING THE
CONDUCT OF HOSTILITIES:


Problems identified, solutions suggested.


In point form.




ON THE QUESTION OF LIMITATIONS IN THE INSTRUMENTS OF IHL


Problems identified, solutions suggested.


In point form.

4th Meeting | 7th-8th April, 2016

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The format has been kept very simple to ensure most of the time is
diverted to content which will have to be comprehensive in language and
framing.

Every pertinent issue raised in committee must be addressed in the report,
the problem identified and the solution to it.

The Report will require a 2/3rds majority of members present and voting
for it to be adopted.

The amendment procedure will be subject to change depending on the
time remaining to ensure maximum time is devoted to debate and wasted
in procedural matters.

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 How To Go About Research
1. Use any source to back a point in committee. To show evidence for a
claim; you are allowed to use any material/ source- very much
preferred if it is recognised by the ICRC.
2. Use only recognised4 sources to establish a fact in committee- for points
of order.
3. Read the background guide thoroughly, i’ve tried my absolute
best to break it down to the smallest blocks so that you have the best
path to debate.
4. Understand each and every word you’re going to use in your research,
if you aren’t able to, feel free to call me or search it up.
5. Understand the role, mandate, powers of the committee and
your National Committee.
6. Come up with your own ideas. I can’t stress this enough. Debate
doesn’t begin and end with a paraphrased report, it begins and ends
with your innovative debate. Be creative, it is very rare you will be part
of such an unconventional committee, make the most of it.
7. Break down every subtopic and aim to define every word of the
subtopic like i’ve done with the Areas of Focus. It helps a lot to
understand and make it easier for others to understand.
8. I’ve made research very easy, i’ve given you in every topic the basic
outline of the debate and which laws and treaties you need to concern
yourselves with. 

For example if the principle of distinction is mentioned look at the real

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 world violation of this principle. Point it out in committee and suggest
ideas to curb violations of the laws of war.


Basic questions to consider
What is the mandate, role, purpose etc of the Universal meeting?

What is the mandate, role, purpose etc of my National Committee?

What are my Committee’s suggestions for laws of IHL in my
country?

How does this contrast with the global view?

Where all do violations of IHL take place?

How do these violations take place?

What can we do to stop them?

What laws are too old, incomplete, illogical, inconsistent with my
Committee policy?




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 Contact Details

Agastya Sen - President
E-Mail: agastyavilla@gmail.com
Phone No: 9711995570


Harshit Yadav - Vice President
E-Mail: yharshit02@gmail.com

Bhavya Gupta - Head, Advisory Service on IHL

E-Mail: bhavyagupta1998@gmail.com

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