Cooperation Activites
Governmental Expert's
Meeting on
"The Implementation of International Humanitarian Law and
Related Inter-American Conventions"
San José, Costa Rica from March 6-8, 2001
Hotel Radisson Europa Zurquí
Background
With the 1949 Geneva
Conventions -ratified by 189 States- and its Additional
Protocols of 1977, the States have agreed to restrain the
use of violence, be it during the conduct of hostilities or
when it concerns the protection of those not or no longer
involved in the armed conflict.
However, despite being the
principal beneficiary of such rights, the civil population
is increasingly directly affected by the consequences of the
numerous regional and local armed conflicts and situations
of internal tensions and riots that continue to arise in
different parts of the world. Among the countless victims
are those who are forced to abandon their towns, houses,
families, regions and lands. Whether or not they have
crossed a border, their destiny is generally tragic.
At the regional level,
various inter-American Conventions attempt to grant the best
possible protection to the human being in all circumstances,
including in situations of tensions or armed conflicts.
The States are committed
to keep vigil because they know each other and respect the
1949 Geneva Conventions and its Additional Protocols of
1977, as well as other pertinent treaties on this theme that
have complemented those instruments and, at the regional
level, the pertinent inter-American Conventions.
However, the mere
adherence to these international instruments is not enough
to trigger their entry into force. Governments, in addition
to adopting and ratifying them, have to approve the
legislation, and the related regulatory and/or
administrative measures, in order for these norms to be
effectively implemented into the domestic legal order. In
the particular case of International Humanitarian Law (IHL),
these measures refer to a wide variety of aspects, for
instance repression of war crimes and the imposition of
penal sanctions for the illegal use of the symbols protected
by the norms of this type of law.
In repeated opportunities,
the competent authorities of the Organization of American
States (OAS) have underlined the necessity to strengthen the
norms that protect the life and dignity of the human being,
particularly those of international humanitarian law, by
means of its universal acceptance, its wider diffusion and
its national implementation.
Since 1994, the OAS
General Assembly has reiterated its commitment towards IHL
and has urged the Member States to promote the respect of
these rights, as manifested by its ultimate Resolution
[AG/RES.
1706 (XXX O/00)] adopted in Windsor,
Canada, on June, 5th 2000 (see attached copy).
More particularly, it mandates to consider the ratification
of IHL instruments, promote its most extended popularization
possible, adopt measures of national implementation so that
the norms it contains are executed and their violation is
prevented, and establish national advising structures in
order to facilitate and coordinate those tasks. The OAS is
also involved in the promotion of adherence to the
inter-American conventions and their entry into force at the
domestic level.
Scope
of the Project:
International humanitarian
law and inter-American human rights law have evolved into a
complex body of standards on a wide variety of issues. There
is no question of the difficulty involved in implementing
the instruments that comprise this body as well as its dense
web of customary norms.
We hope that this
inter-American Meeting will provide support towards the
implementation in the domestic sphere, of both humanitarian
law treaties and inter-American human rights conventions.
Likewise, we hope that participants will become familiar
with modern techniques and methods that can help them
incorporate into their domestic legislation the principles
and norms that those instruments contain, as well as recent
developments in the areas of international human rights law
and humanitarian law.
Specific
Objectives:
-
Promote the
implementation of humanitarian law treaties and
inter-American conventions within the domestic legal order
of the Member States.
-
Examine and evaluate the
measures adopted by the Member States to implement and
diffuse the provisions of such treaties.
-
Provide information on
recent developments on the topic of international criminal
justice and particularly with respect to the International
Criminal Court.
-
Facilitate the exchange
of information on laws and other provisions adopted in
those areas and among the institutions as well as the
national commissions for the application of IHL,
established to facilitate and coordinate the process of
implementation.
-
Prepare a document that
will be presented at the next OAS General Assembly and at
the Summit of the Americas containing the specific
recommendations achieved by the participants to the
Conference on the necessary steps to be taken in order to
advance towards the effective implementation of
international humanitarian law.
Organizers:
The Conference is a
regional initiative organized by the OAS
Department of Legal Cooperation and Information,
the National
Commission for the Improvement of the Administration of
Justice of the Republic of Costa Rica and
the
International Committee of the Red
Cross.
It is hosted by the
Government of Canada and the Government
of Costa Rica, through its Ministry of Foreign Affairs and
Worship.
Place, Dates and Participants:
The Meeting will be held
in San José, Costa Rica, from March 6-8, 2001, for a
duration of two days and a half. This Meeting is intended
for the governmental authorities of the OAS Member States.
The participating experts will be coming from the ministries
of Justice, Interior, Foreign Affairs, Culture and
Education, as well as from other governmental departments
having jurisdiction over the themes discussed at the
conference. Where possible, governments may be represented
by members of the National Inter-institutional Commissions
and Committees for the implementation of International
Humanitarian Law. In addition, representatives of regional
academic institutions such as the Inter-American Institute
for Human Rights will also be attending, as well as
observers from international and regional inter-governmental
organizations.
Draft Agenda
The Meeting will be
constituted of presentations made by experts followed by
sessions of discussion, and of roundtables. Based upon a
preliminary determination of the measures adopted by the
Member States made by the OAS General Secretariat and the
ICRC, the following themes will be discussed:
- PART I : National
Implementation of IHL and of Related Inter-American
Conventions
- PART II: Specific
Issues:
- National Mechanisms for
the Implementation of International Humanitarian Law and the
Inter-American Conventions: Functions and Role of the IHL
National Commissions.
- The Protection of
Children in Situations of Violence.
- Preventing and
Repressing IHL and Human Rights Violations
- The Repercussions caused
by the Proliferation and Availability of Weapons,
particularly Small Arms and Light Weapons, upon Human
Security and Civilian Population.
- PART III: International
Criminal Justice: Towards the Ratification and
Implementation of the 1998 Statute of Rome for the
International Criminal Court.
Meeting's Follow-up:
The preliminary
considerations realized by the organizing institutions and
the experts during this Meeting, as well as the achieved
conclusions and recommendations, will be included in a
report that will be widely diffused within the ICRC and the
OAS Web sites.
Also, the institutions and
experts participating in this Meeting will be invited to
join a Virtual Network whose objectives will be the exchange
of information and cooperation and the provision of an
adequate follow-up mechanism to support the States' efforts
in their implementing or adapting internal legislation to
apply the Conventions related with the themes discussed
during this event and to which they have adhered.
Financial and Administrative Aspects:
The Meeting will be held
in the Hotel Radisson Europa Zurquí, Calle Central y
Tercera, Avenida 15. Edificio Central San José, Costa Rica
(Tel.: 506 257-3257). The organizing institutions will
provide fellowships to the participants that will cover
their airfare and taxes, and will cover the cost of meals
and local transport during the Meeting. Requests for
fellowships have to be submitted prior to February 2nd,
2001 by means of completing the attached form.
The participants will be
responsible for the costs of their accommodation (daily
estimated cost of 85USD including tax).
The Inscription Form has
to be returned no later than February 15th, 2001
to the following address:
ICRC Office
Apartment 2151 - 2050
San Pedro, San José
Tel.: (506) 234-6476 Fax: (506) 283-2489
Email:
cicrsj@racsa.co.cr
You may require additional
information from the following persons and organizations:
Magaly McLean, Legal
Officer
Departament of Legal Information and Cooperation
OAS General Secretariat
Washington D.C. 20006, USA
TEL. (202) 458 3420; FAX: (202) 458 3598
Email:
MMclean@oas.org
Cristina Pellandini, Legal
Adviser
IHL Advising Services Latin America
ICRC Regional Delegation for Central America and the
Caribbean
Guatemala City, Guatemala
TEL. (502) 333 - 5237; FAX: (502) 334-762;
Email:
cpellandini.gua@icrc.org
