Report on – 33rd IC Resolution 1: Bringing IHL home: A road map for better national implementation of international humanitarian law (33IC/19/R1) – Netherlands

Has your State/National Society/Institution incorporated the commitments contained in this resolution into the relevant strategic or operational plans?

The commitments are incorporated into:
Strategy
Policy
Operational plan
Legislation (e.g. Law, Regulation, Statutes, Rules of Procedure etc.)

At the International, Regional, National, Local level

Explanation:

I. Introduction
The promotion of the development of the international legal order is enshrined in the Dutch constitution, and as such an integral part of the foreign policy of the Netherlands. This includes the further development of international law. The Netherlands is also committed to promoting compliance with international humanitarian law (IHL). The Netherlands consistently calls on all parties to armed conflict to comply with their obligations under IHL. The Netherlands promotes such compliance amongst others through political, diplomatic, and thematic initiatives. In this regard the Netherlands cooperates with organizations that work on these themes and supports them financially.

Furthermore, our national society, the Netherlands Red Cross, is deeply committed to the dissemination of IHL. For detailed information on these initiatives, we refer you to their report.

As the host State of the International Court of Justice, International Criminal Court, Organization for the Prohibition of Chemical Weapons, and various other tribunals and organizations dedicated to the promotion and enforcement of international law, the Netherlands has played an active role in upholding and enforcing international legal norms. Through these efforts, we have significantly contributed to the dissemination and adherence to IHL, as well as to holding individuals accountable for international crimes.

II. International
The Netherlands is party to the Geneva Conventions and its additional Protocols. Furthermore, the Netherlands is party to other IHL treaties such as the Hague Conventions, the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and its additional Protocols, the 1980 Convention on Certain Conventional Weapons, the 1993 Chemical Weapons Convention and the 1998 Rome Statute of the International Criminal Court to name a few.

The Netherlands supports the International Humanitarian Fact Finding Commission (IHFFC) as a party to the Geneva Conventions and Additional Protocol I and has recognized the IHFFC competence since its establishment in 1987. The Netherlands is of the view that the IHFFC contributes to the respect of rules and principles of IHL. The Netherlands therefore promotes the IHFFC in international, regional, and bilateral exchanges. In 2020, the Netherlands has renewed its contribution commitments for another 10 years.

a. Accountability
In February 2024, the Netherlands hosted the signing ceremony of the Ljubljana-The Hague Convention at the Peace Palace. This multilateral convention aims to improve national investigation and prosecution of international crimes, including war crimes, by facilitating cooperation among states. The Netherlands, together with Argentina, Belgium, Mongolia, Senegal, and Slovenia, formed the core group in the establishment of this treaty which was adopted by nearly 70 States on 26 May 2023. In addition to the signing ceremony, the Netherlands co-hosted a seminar at the Peace Palace in The Hague to explore the implications of the new convention and its potential impact on the efforts of all stakeholders involved in investigating and prosecuting core international crimes.

The Netherlands supports the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL (UNITAD), in its mission to aid domestic efforts in holding ISIS accountable. UNITAD focuses on collecting, preserving, and storing evidence in Iraq related to potential international crimes, including war crimes, committed by ISIS. UNITAD’s work helps build criminal cases against former ISIS fighters, ensuring they face justice. Furthermore, UNITAD’s efforts help piece together the events that transpired in ISIS-controlled territories and assist families in locating their missing loved ones, such as through the excavation of mass graves.

The Netherlands has organized the “Ukraine Accountability Conference” in 2022 to bring together and coordinate the commitments to justice for Ukraine of different countries and organizations. In 2024, the Netherlands together with Ukraine and the European Commission has organized the international ministerial conference “Restoring Justice for Ukraine” to discuss efforts to combat impunity and compensate victims.

Finally, the Netherlands has supported a number of projects that aim to strengthen accountability for violations of international humanitarian law by investigating incidents that may constitute breaches of IHL and supporting consequent legal action.

b. New technologies
In the cyber context, together with other States, the Netherlands sponsored a paper on the “Application of international humanitarian law to the use of information and communication technologies in situations of armed conflicts”. This paper was submitted to the Open-ended Working Group on security in the use of information and communications technologies, and aimed to contribute to the discussions on how IHL applies in this context in situations of armed conflict, to help develop a common understanding on the protection of civilians and civilian objects.
In 2022, the Netherlands has expressed its policy position on the use and development of autonomous weapons systems and stated that it will continue to promote responsible development and use of autonomous weapon systems at the international level. In order to guarantee this, the Netherlands emphasized the starting point that autonomous weapons must be used in accordance with international law, including international humanitarian law and international human rights law and the importance of further specifying these existing legal rules. This position has been consistently expressed by the Netherlands in the meetings of the Group of Governmental Experts on Lethal Autonomous Weapons Systems (GGE LAWS). Since 2024, Ambassador Robert in den Bosch from the Netherlands serves as Chair of the GGE LAWS.
The Netherlands hosted the Summit on Responsible Artificial Intelligence in the Military Domain, (REAIM) in 2023. During this summit stakeholders were given the opportunity to discuss key opportunities, challenges, and risks related to military applications of AI, including during armed conflict. The Republic of Korea co-hosted the summit and will host the next REAIM summit in September 2024.
III. National
The training of international humanitarian law is firmly incorporated into, and an integral part of, both initial and advanced military education, training, and exercises. Furthermore, the legal adviser’s corps of the Netherlands armed forces receive advanced IHL training and advise commanding officers on this subject. The update of the 2005 VS 27/412 Army IHL manual is ongoing and will be published soon as an interservice IHL manual. Initiatives to disseminate IHL knowledge to the general public are generally mostly conducted by the Netherlands Red Cross.
In 2020, the Netherlands established an IHL platform to foster enhanced collaboration and ongoing information exchanges between the Ministry of Foreign Affairs, the Ministry of Defence and the Netherlands Red Cross. This platform meets three times a year to discuss issues of relevance on IHL and to establish common priorities.
The Netherlands with UNESCO organized a conference titled “Building on 70 years of the UNESCO Hague Convention for the protection of cultural property in the event of armed conflict” to commemorate the 70th anniversary of the 1954 Hague Convention. The conference emphasized the significance of the Convention and its two additional protocols, thereby advancing the broader promotion of IHL. In preparation for the conference, the Netherlands has shared examples and exchanged best practices on national implementation measures for the Convention and its protocols with interested States.

Has your State/National Society/Institution been working with other partners to implement the commitments contained in this resolution?

Partner with:
National Red Cross or Red Crescent Society in your country
Government and/or public authorities
ICRC/IFRC
Other National Red Cross or Red Crescent Societies
Humanitarian and development partners (e.g. UN, NGOs etc.)
Academia
Other

Examples of cooperation:

In the aforementioned initiatives, the Netherlands collaborates with various stakeholders to advance shared interests. For examples, consult the initiatives referenced in Question 1.

Have you encountered any challenges in implementing the commitments contained in this resolution?

With challenges on:
Lack of capacity and/or support (technical, financial, or other)
Other

Details about challenges:

The Netherlands has encountered challenges in implementing the commitments of the resolution due to a lack of capacity. The resolution outlines a multitude of commitments for States to engage in. However, the Netherlands recognizes the necessity of prioritization in accordance with our national policy. Therefore, we must focus our efforts on these priorities during the resolution’s implementation.

Have the commitments contained in this resolution had an impact on the work and direction of your State/National Society/Institution?

Type of Impact:
Cooperation between Government/public authorities and National Society has been strengthened
Partnerships with other humanitarian actors have been created or enhanced
Other

Details about the impact:

Several commitments outlined in the resolution already align with the ongoing efforts of the Netherlands. The resolution has provided an additional push to fulfil these activities and has helped us maintain a strong focus on these objectives. The Netherlands has enhanced its collaboration with other governments, international bodies, and relevant organizations in fulfilling the commitments of the resolution across various initiatives.

Have the commitments contained in this resolution had an impact on the communities that your State/National Society/Institution serves?

Description of the impact:

In some of the initiatives referenced in Question 1, the Netherlands refers to the impact of its efforts.