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Report on pledge – Support for the International Humanitarian Fact-Finding Commission

Actions taken:

Austria continues to be a strong supporter of the IHFFC. Following the first use of the good offices of the IHFFC upon suggestion by the then Austrian Chairmanship of the OSCE in the context of an investigation of an incident on 23 April 2017 in Eastern Ukraine involving the injury and death of OSCE team members, Austria keeps seeking ways of activating the IHFFC and to make the best use of its experienced members.

In relation to an international armed conflict that continued during the relevant reporting period, Austria used its bilateral contacts with one party to this conflict (which was a contracting party to the First Additional Protocol to the Geneva Conventions of 12 August 1949 [Additional Protocol I], but had not recognized the competence of the IHFFC) to recommend the engagement of the IHFFC.

During the meeting of the High Contracting Parties of Additional Protocol I, which was held on 19 November 2022 in Berne, and in the course of which the current members of the IHFFC were elected, Austria held a statement in support of the Commission and its functions. Austria emphasized that an important element of strengthening IHL compliance was the professional, independent and impartial enquiry of facts.

This was a field where the IHFFC could play an important role, in its forensic function as well as in its function to provide good offices. Austria highlighted that one of the Commission’s great assets was its capacity to restore trust in and respect for IHL and its potential to encourage belligerents to refrain from future IHL violations. Therefore, Austria encouraged that, beyond the formal mandate of the Commission, States and international organizations, in particular UN organs, should make a pragmatic use of the expertise of the Commission and its members and avail themselves of it when dealing with IHL issues.

In June 2023, the Austrian Permanent Mission to the UN in Geneva hosted a meeting with the President and Vice-President of the IHFFC to promote the Commission, inviting States that have not yet declared to recognize its competence. The meeting provided an opportunity to explain the different areas for possible missions of the IHFFC. Members of Austria’s Permanent Mission to the UN in Geneva also participated in events organized by other actors to promote the IHFFC and encourage States to recognise its competence.

Implementation completion:

Yes