Reaffirmation and development of international humanitarian law important steps

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International Humanitarian Fact-Finding
Commission (IHFFC) (Article 90 of Protocol
Additional I to the Geneva Conventions)
Operational management and planning by
Ambassador Christine Schraner Burgener Swiss
Federal Department of Foreign Affairs COJUR,
Brussels, 6 June 2007
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International Humanitarian Fact-Finding
Commission (IHFFC)
I. Conceptual framework
ALLEGATIONS ACTUAL FACTS
EXPERTS/LOGISTICS/ SECURITY
CONVENTIONS
IDENTIFICATION ANALYSIS
IHL
INTERNAL RULES/ OPERATIONAL GUIDELINES/ CORE
PRINCIPLES
CONCLUSIONS REPORT RECOMMENDATIONS
INTERPRETATIONS
DISCUSSION WITH PARTIES
IHFFC
GENERAL CONCEPTUAL STRATEGY PREVISIBILITY
RELIABILITY - IMPARTIALITY - COMPETENCE
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International Humanitarian Fact-Finding
Commission (IHFFC)
II. Management of a request/initiative

• Terms of reference regarding main aspects of an
  enquiry
• chamber
• witnesses
• facts/evidence
• technical and other agreements to be negotiated
• security/transportation/access
• methods of work/enquiry
• experts/translators/local staff
• selection and cooperation with "parties"
• report

REACT PROMPTLY
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International Humanitarian Fact-Finding
Commission (IHFFC)
II. Management of a request/initiative

• Procedures for managing
• evidence/information
• confidentiality
• security
• communication and relations with
• "parties"
• media
• international organisations
• other IHFFC members

Impartial, independent, neutral,
professional Flexible Consent of parties
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International Humanitarian Fact-Finding
Commission (IHFFC)
III. 4 phases of a mission

• Before a mission (preparedness)
• At mobilisation time
• During a mission
• After a mission
• Looking at
• Chamber/personnel
• Equipment
• Finance

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International Humanitarian Fact-Finding
Commission (IHFFC)
Phase 1 before a mission

• Acceptation of a request for an enquiry mission
• Adequate composition of the Chamber
• as agreed by the "parties"
• in accordance with article 90 of Protocol I
• Recruitment of additional expertise, translators,
  additional staff for secretariat (in Bern, in
  loco)
• Adequate stock of material for personal and
  technical use
• Secretariat
• agreement with the Swiss Humanitarian Aid

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International Humanitarian Fact-Finding
Commission (IHFFC)
Phase 1 before a mission

• Adequate funds available
• Ruling fund
• Article 90 (7) Party requesting an enquiry or
  50/50
• Voluntary contributions
• Other sources (trust fund)

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International Humanitarian Fact-Finding
Commission (IHFFC)
Phase 2 mobilisation

• Agreed procedures and checklists are followed
• Cooperation with the "parties"
• Cooperation with international organisations
• Briefing before departure
• Security and health situation
• Access
• Contacts
• Identity documents, laissez-passer
• Route
• Liaison with base (Secretariat, in loco), back-up

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International Humanitarian Fact-Finding
Commission (IHFFC)
Phase 3 during a mission

• Code of conduct of members and staff
• Methods of work (identification of alleged facts,
  interview, transmission)
• Privileges and immunities
• Ensure mobility
• Networking, cooperation with host State,
  embassies, ICRC, international organisations

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International Humanitarian Fact-Finding
Commission (IHFFC)
Phase 4 after a mission

• Communication of date of closure to all
  stakeholders
• Preparation of the report and/or recommendations
• Remittance of the report to the "parties"
• Ensure confidentiality of the report, unless
  express consent of the "parties"

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International Humanitarian Fact-Finding
Commission (IHFFC)
IV. Good offices

• Not directly addressed in procedures of the IHFFC
• If good offices are required in the context of an
  allegation made under article 90, Chamber would
  be composed in accordance with procedures
  applicable for enquiry
• In other situations, agreement between "parties"
• Flexibility of the procedures
• Respect of fundamental principles of the IHFFC
• Independency
• Impartiality
• Parties' consent and cooperation
• commitment to the restoration of respect of the
  law

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International Humanitarian Fact-Finding
Commission (IHFFC) (Article 90 of Protocol
Additional I to the Geneva Conventions)