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

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 level

Explanation:

A few years ago, the Slovenian ministries of foreign affairs, defence and the interior established the Peacekeeping Operations Training Centre (POTC), which implements certified training and education for the military, police, civilian functional specialists and other civilian personnel prior to their deployment to peacekeeping operations and missions within the UN, EU, NATO and the OSCE.

POTC has contributed to the promotion and understanding of international humanitarian law by training personnel deployed to peace operations. The centre addressed IHL as part of two Gender Mainstreaming Trainings (March 2022 and March 2023), as part of three Protection of Civilians Trainings (April 2022, May 2022, October 2023), as part of two specialised trainings on IHL and Military Targeting Rules (November 2022, November 2023) and as part of the Specialised Climate, Peace and Security Training.

The Ministry of Foreign and European Affairs organised an international humanitarian law (IHL) event entitled “Legal Challenges of the 21st Century: Humanitarian Crises, Protection of Critical Infrastructure and the Environment during Armed Conflicts and in Relation to Peacebuilding Measures”, which took place in hybrid format on 19 January 2023 in Ljubljana. The event aimed to raise awareness on contemporary issues of IHL and promote the respect for international law.

The event attracted numerous high-level speakers. Following the welcoming words by the Minister of Foreign and European Affairs of the Republic of Slovenia, Ms Tanja Fajon, the participants were addressed by high-level speakers: Mr Gilles Carbonnier, Vice-President of the International Committee of the Red Cross, Dr Danilo Türk, former President of the Republic of Slovenia, Dr Dominika Švarc Pipan, Minister of Justice of the Republic of Slovenia, and Janez Lenarčič, European Commissioner for Crisis Management.

The first panel addressed the importance of protecting critical infrastructure during armed conflict and in relation to peacebuilding measures. The panellists agreed that the IHL framework is clear; critical infrastructure is a civilian object and, under IHL, it must not be attacked. This infrastructure provides essential services for civilians (water, food, energy, health care, education).

The second panel focused on environmental degradation in armed conflict and its effects on human life and health. The panellists underlined that the legal framework for the protection of the natural environment during armed conflict is sufficient, but must be respected on the ground. Soft law for the protection of the natural environment must be implemented at the national level and integrated into the military doctrine, strategy and training of the armed forces. States affected by climate change and environmental degradation can use the potential of new technologies (satellites).

The third panel discussed the provision of rapid and effective humanitarian aid to those most in need, in line with the existing legal framework. The panellists highlighted that the respect for IHL and humanitarian principles is a precondition for an effective, rapid, comprehensive and unimpeded humanitarian aid. Due to the increasing humanitarian needs, the international community must provide additional humanitarian resources. Humanitarian exemptions in the sanctions regimes are an essential tool for preserving humanitarian space.

Main findings and recommendations of the above mentioned IHL event from 19 January 2023:

• Attacks on water infrastructure, water sources and wastewater facilities are attacks on civilians, on children and their future.
• Systematic collection and analysis of evidence of the attacks on water infrastructure/water resources, effective commissions of inquiry, reporting of IHL violations by independent observers and sanctioning of IHL violations are fundamental.
• Implementation of the recommendations in the Geneva List of Principles on the Protection of Water Infrastructure, such as buffer zones around water infrastructure, the role of water specialists and water in peacebuilding, should be strengthened. The Sava Commission, which also includes Slovenia, is an example of a regional coordination mechanism for water that emerged after the bloody conflicts in the Balkans.
• Due to the catastrophic humanitarian consequences for civilians and its own field experience, the ICRC suggests that parties to conflict should not use explosive weapons in urban environments. The same recommendation is included in the Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas, which has been on the initiative of Ireland adopted by more than 80 countries, including Slovenia.
• There still remains the challenge of how to implement the policy on avoiding the use of explosive weapons in practice and integrate it into military strategies, doctrines and training.
• Cyber operations are part of modern armed conflicts. States do not have a common position on the application of IHL in cyberspace, therefore further discussions will be needed.
• Protecting the environment in armed conflict means protecting civilians. The rules protecting the environment in conflict are sufficient and do not need to be upgraded.
• A step forward is required with regard to the ICRC Guidelines on the Protection of the Natural Environment in Armed Conflict and the Commission’s principles on protection of the environment in relation to armed conflicts. IHL implementation at the national level (its transposition into military doctrines, strategies, training) and its practical application are crucial.
• An increasing number of cases is being brought before national courts, regional human rights tribunals and UN human rights treaty bodies by individuals alleging human rights violations caused by the negative impacts of environmental degradation and climate change.
• The UN Convention Relating to the Status of Refugees does not have to be amended due to environmental refugees; however, the use of ecocentric policies relating to the environment is essential.
• This year, 339 million people will need humanitarian aid, which is more than ever before and twice as much as four years ago.
• One of the main challenges arising from today’s humanitarian crises is how to ensure sufficient humanitarian resources in the face of the growing humanitarian needs. The EU is advocating the involvement of the private sector in humanitarian projects and also looks for new donors. The funds available must be used as rationally as possible.
• The international community must invest more in the adaptation to climate change, which can no longer be averted.
• Only the respect for IHL and humanitarian principles will enable a fast and unimpeded delivery of humanitarian aid to the civilians who need it most. Those who violate IHL (attacks on humanitarian workers, deliberate obstruction of humanitarian aid) must be held accountable for their actions.
• Humanitarian exceptions in sanctions regimes are the only tool to preserve humanitarian space. Striking a balance between sanctions and the protection of humanitarian space is crucial. Commissioner Lenarčič appealed to all EU MS to act vocally on this issue.
• The adoption of the UN Security Council Resolution 2664 on 9 December 2022, which includes humanitarian exceptions in fifteen UN sanctions regimes, represents a major step forward in the fight to preserve the humanitarian space. The standard set by the UN in this Resolution should be global. The Resolution can serve as an inspiration for the EU.

Through this event, Slovenia helped strengthen the respect, implementation and dissemination of knowledge of IHL, and enhanced the visibility of the work of the Slovenian Ministry of Foreign and European Affairs, the EU and other global actors in the field of humanitarian diplomacy.

A Working Group on the International Law of Armed Conflict was established within the Ministry of Defence in 2023 to coordinate the Ministry’s activities in the field of the international law of armed conflict and, inter alia, to ensure the coordinated cooperation of representatives of the Ministry of Defence in the Permanent Coordination Group for International Humanitarian Law appointed by the Government of the Republic of Slovenia. In particular, the Working Group monitors the development and implementation of the international law of armed conflict; participates in the preparation of regular and extraordinary reports and opinions within the competence of the Ministry of Defence in the field of the international law of armed conflict; formulates proposals and initiatives relating to the implementation of the international law of armed conflict; and coordinates other activities in the field of the international law of armed conflict within the Ministry.

In 2023, IHL knowledge was disseminated to the strategic, operational and tactical levels of the Armed Forces and the administrative part of the Ministry of Defence through trainings carried out in cooperation with the Peace Operations Training Centre (POTC). In addition to reviewing the basics, the trainings focused on the application of international humanitarian law to new methods and means of warfare. In 2023, the Slovenian Armed Forces for the first time introduced digital simulations into their training, based on case studies of current armed conflicts, allowing trainees to gain a deeper insight into their roles. The theory part of the training, along with the review and response to the given answers in practical cases was carried out by academic experts from the Department of International Law of the Faculty of Law, University of Ljubljana.

In 2023, the Dutch Armed Forces organised and conducted a one-week training course on international law on the use of force, humanitarian law, rules of engagement and international criminal law for lawyers from the Slovenian Armed Forces and the Ministry of Defence, who are also regularly sent abroad for training in international humanitarian law.

Slovenia actively participated in the Regional Conference of European National Committees hold in Vienna on 13-14 March 2023. Slovenian chair of the national IHL committee gave an introductory presentation on the role of IHL committees.

With a view to integration into military policy and training, Slovenia is preparing the translation of the Geneva List of Principles on the Protection of Water infrastructure into the Slovenian language.

Slovenia is also drafting a national report on the implementation of the IHL at the domestic level.

Slovenia as a non-permanent member of the UN Security Council draws special attention to the protection of civilians in armed conflicts through the lens of the protection of water resources and water infrastructure.

In partnership with Geneva Water Hub, Slovenia has been working on developing an Alliance to Spare Water from Armed Conflict. The goal of the Alliance is to reduce water-related civilian harm. By marshalling the commitment and expertise of its members towards a jointly defined set of goals, the Alliance will promote respect for international law protecting freshwater and water-related installations, and deepen the base of knowledge and policy, which underpins the law. To define the mandate and the scope of the Alliance, Slovenia and Geneva Water Hub organized an expert workshop (November 2023) in Geneva.

Protection of water in armed conflicts forms part of Slovenia’s water diplomacy agenda under its priority item Water, Peace and Security. To strengthen the voice and visibility of Slovenia’s water diplomacy, the Minister appointed Ambassador-at-Large for Water Diplomacy in September 2022.

Slovenia pays close attention to conflict-induced hunger, respect for IHL to prevent hunger in conflicts, provide rapid, safe and unimpeded delivery and humanitarian access to essential goods and services and protect critical infrastructure such as foodstuffs and other infrastructure needed for food production and supply that must be protected as required by IHL.

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

Examples of cooperation:

See the report submitted by Slovenia on August 16, 2022.

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

Details about challenges:

See the report submitted by Slovenia on August 16, 2022.

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

Details about the impact:

See the report submitted by Slovenia on August 16, 2022.

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