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

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

At the International, Regional, National, Local level

Explanation:

The resolution and its implementation are the subject of continuous exchange at the meetings of the German Committee on International Humanitarian Law. The German Committee has held meetings, discussing the resolution’s implementation, in 2020, 2021, twice in 2022, twice in 2023 and so far once in 2024. The recommendation, addressed to both states parties to the Geneva Conventions and the components of the Movement, to continue to effectively disseminate IHL was implemented by the German Red Cross (GCR) between 2020 and 2024, including by initiating and supporting virtual dissemination activities (OP 10). These included online lectures and seminars for relevant target groups.

Germany continued to advocate for the “Call for Action to strengthen respect for international humanitarian law and principled humanitarian action”, jointly launched by Germany and France in September 2019.

Dissemination of IHL within the armed forces and law enforcement authorities as well as the civil society remains a priority for Germany. Germany trains its (civilian) police officers and service men/women (soldiers, air men/women, sailors) as required for the deployment in EU missions. Pre-deployment training includes training in international law, including basic principles of IHL. Military contingent leaders are specifically instructed to respect IHL before being deployed in EU military missions.

In 2023, Germany took the lead of the Call to Action on Protection from Gender-based Violence (GBV) with the objective to improve accountability for and protection from GBV within the international humanitarian system; establish sustainable partnerships with local and women-led organisations and improve their inclusion within the humanitarian system; improve the response and prevention of GBV in contexts of (forced) displacement and for forcibly displaced women and girls.

In Germany, publications related to international humanitarian law include the text of the 1954 Hague Convention, its Protocols as well as its implementing regulations. Manuals addressed to the armed forces summarize the provisions on international humanitarian law and the protection of cultural property and present them as rules to be observed by all military personnel. Germany also publishes a yearly report on its efforts in arms control, disarmament and non-proliferation (“Jahresabrüstungsbericht”) and ensures timely completion of all relevant reporting requirements in the framework of treaties in the field of non-proliferation, disarmament and arms control. Germany fully applies at domestic level the IHL related provisions of the Arms Trade Treaty consistently with the principles regarding respect for IHL in arms transfers as enshrined in EU Common Position 2008/944/CFSP on arms export.

To complement the above, reference is made to the report on this resolution submitted by the German National Red Cross Society, the German Red Cross, on 12 June 2024.

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
Humanitarian and development partners (e.g. UN, NGOs etc.)

Examples of cooperation:

Germany supports capacity building of humanitarian actors to improve negotiations skills and promote norms and provisions of IHL. Germany supports specialised organisations such as Geneva Call or the Centre of Competence for Humanitarian Negotiations (CCHN) in this regard and works closely together with the International Committee of the Red Cross (ICRC).

Germany also works closely together with the German National Red Cross Society. The German IHL Committee is in close contact with other National IHL Committees and set up a working group to intensify cooperation with other National IHL Committees in 2022. In May 2021 a meeting with the Slovenian National Committee was held, exploring opportunities to also meet within a larger
group of National Committees. A similar meeting was held with the Georgian Committee (Interagency Commission on International Humanitarian Law) in December 2023 where possibilities of cooperation were exchanged and discussed.

The German Committee also actively participated in the European Conference of National Committees on IHL, organized by the
Austrian Federal Government, the Austrian Red Cross and the ICRC in March 2023. As suggested in the resolution (OP6), the German Committee became a member of the new “digital community” for National IHL Committees in March 2020.

A list of further activities, which also encompass training and dissemination efforts with various actors, including German Armed Forces, is contained in the report to this resolution by the German Red Cross, submitted on 12 June 2024. Further, Germany continues to advocate for raising awareness of the potential of the International Humanitarian Fact-Finding Commission (IHFFC) and of its working methods. Germany is among the main contributors to the budget of the IHFFC and has accepted the competence of the Commission to enquire into
allegations under Art. 90 sec. (2) of the First Additional Protocol.

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

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

Details about challenges:

The resolution recommends a broad scope of activities whose implementation will necessarily vary based on existing capacities and priorities.

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
Innovative tools/methodologies have been developed and are utilized
Training and capacity of staff and volunteers has increased (for National Societies)

Details about the impact:

Examples for strengthened cooperation between authorities and the National Society include the annual “Conference on International Humanitarian Law” as well as German Red Cross and armed forces’ cooperation in hosting an IHL summer school. Regarding training and capacity building, a two-day multiplier meeting on IHL took place in 2023, which will be repeated on a yearly basis.

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

Description of the impact:

German Red Cross dissemination officers are based at local, regional and national level – their work in disseminating IHL and the Movement’s Fundamental Principles has a particular impact at community level.