Dispatches from the Field: Panel Discussion titled “75 Years of Geneva Conventions: A Renewed Commitment to Upholding International Humanitarian Law”
At Switzerland’s invitation, members of the Security Council visited Geneva on 25 and 26 August to mark the 75th anniversary of the 1949 Geneva Conventions. (For background information, see our 25 August What’s in Blue story.)
On the second day of the informal visit, a panel discussion was held, co-hosted by the foreign ministries of Sierra Leone—the Security Council’s president for August—and Switzerland, titled “75 Years of Geneva Conventions: A Renewed Commitment to Upholding International Humanitarian Law”.
According to the concept note prepared by Switzerland, the meeting aimed to offer states a platform to reaffirm their collective commitment to International Humanitarian Law (IHL), emphasise its ongoing relevance, and encourage states—particularly members of the Security Council—to take collective political action to uphold the principles of the Geneva Conventions and strengthen overall respect for IHL. Several guiding questions are outlined in the concept note:
- How can the Geneva Conventions’ universal ratification be leveraged to deepen global adherence to their principles in armed conflicts?
- What concrete steps can be taken to turn political commitments into effective policies and practices, and how can best practices be identified and shared to ensure compliance with IHL?
- How can implementation of, and compliance with, the Geneva Conventions be improved to ensure the safety of humanitarian personnel and humanitarian access to civilians in need, while addressing current violations and their humanitarian consequences?
- Why is accountability and justice crucial for the protection of civilians, and how can states enhance cooperation in investigating and prosecuting international crimes?
- What are the challenges pertaining to the application of IHL in counter-terrorism settings?
In his opening remarks, Sierra Leone’s Minister of Foreign Affairs Timothy Musa Kabba reflected on the harrowing experiences of the 1990s civil war in Sierra Leone, where the principles of the Geneva Conventions were violated. He emphasised that throughout that conflict, Sierra Leone was constantly reminded of the critical importance of these principles, particularly in protecting the most vulnerable populations. Kabba, who was a former child soldier forcibly recruited during the civil war, described movingly the critical support provided by the International Committee of the Red Cross (ICRC) in helping him overcome the trauma of that experience. He stressed that the panel discussion serves as an important reminder of the international community’s collective responsibility to uphold IHL, particularly in light of the “troubling reality” of the current geopolitical landscape, marked by increasing attacks on civilians and the denial of humanitarian access.
In his welcoming remarks, Head of the Federal Department of Foreign Affairs of Switzerland Ignazio Cassis lamented that neither multilateralism nor international law has been able to prevent the surge of conflicts around the world, with IHL being “sorely tested, ignored, qualified and sometimes even exploited”, often with impunity for the perpetrators. He reaffirmed Switzerland’s commitment to the protection of civilians as a priority during its Security Council term, highlighting several key resolutions that Switzerland has promoted, including resolution 2730 of 31 May on the protection of humanitarian personnel and UN and associated personnel and their premises and assets.
In her keynote address, ICRC President Mirjana Spoljaric Egger underscored the enduring relevance of IHL as a powerful tool to mitigate the devastating costs of war. Noting that noncompliance remains a pervasive issue, with “permissive interpretations” often hindering IHL’s effectiveness, Spoljaric pointed out that IHL’s full implementation requires political will. She urged parties to conflicts to recommit not only to the letter but also to the spirit of the Geneva Conventions; called on states to ratify and uphold relevant treaties, including the additional protocols to the Geneva Conventions; and called on states to use their influence to ensure tangible improvements on the ground, such as allowing humanitarian access. Additionally, she highlighted the need to ensure that new technologies in warfare, including artificial intelligence (AI) and cyber operations, strictly adhere to IHL, calling on states to develop a normative framework that imposes certain limits on autonomous weapon systems.
During the panel discussion, Andrew Clapham, Professor of International Law at the Geneva Graduate Institute, emphasised the unique powers of the Security Council in relation to IHL and in responding to grave breaches. He noted that the Council has the authority to demand legally binding ceasefires, refer situations to the International Criminal Court (ICC) for prosecution of war crimes, and impose legally binding arms embargoes. Clapham also discussed the regime of great breaches under the Geneva Conventions, noting that all states have a responsibility to prosecute violators under the principle of universal jurisdiction. He concluded by advocating for greater consideration at the Security Council of the work done in Geneva.
Acting Director of the African Centre for the Study and Research on Terrorism Idriss Mounir Lallali focused on the intersection of counter-terrorism and IHL. He argued that post-9/11, there was a shift towards a more security-focused approach to counter-terrorism, often at the expense of human rights. Lallali regretted the lack of significant investment in training related to human rights within this context. He also underscored several challenges to IHL implementation in the context of counter-terrorism, including lack of consensus on the classification of conflicts where IHL would apply, and the legal status of terrorists—whether they are recognised as parties to the conflict or not. Lallali discussed the new trend of using private military companies (PMCs) operating in “legal grey zones” and the use of autonomous weapon systems such as uncrewed aerial vehicles (UAVs).
Cordula Droege, Chief Legal Officer and Head of Legal Division of the ICRC, emphasised the critical role that compliance with IHL plays in saving lives. She noted that contemporary conflicts are often characterised by a flagrant disregard for IHL, driven by a lack of political will, and called for more states to champion IHL. She outlined several steps that could lead to tangible progress in upholding IHL (including the universal ratification of key IHL treaties, particularly the Geneva Conventions and their additional protocols), preventing violations from occurring in the first place, conducting criminal prosecutions for IHL violations, and investing more in IHL education.
In their interventions, Council members highlighted the enduring relevance and significance of the Geneva Conventions in protecting civilians and others affected by armed conflicts. There was a shared recognition that while the universal ratification of the Geneva Conventions is a historic achievement, increasing violations of IHL in contemporary conflicts are concerning. In this regard, Guyana presented alarming statistics, noting that over 33,40 civilian deaths in armed conflict were recorded in 2023—a 72 percent increase from 2022. Stressing that demands by the Council, including in legally binding resolutions, have gone largely unheeded, Guyana urged the Council to “look further into its enforcement and accountability toolbox” and lead by example in upholding IHL, including by refraining from the irresponsible use of the veto.
The US emphasised that integrating IHL into every aspect of military planning, training, and operations is essential for the Geneva Conventions to effectively protect civilians and others affected by armed conflict. Japan highlighted the importance of the draft IHL resolution, which is scheduled for adoption at the 34th International Conference of the Red Cross and Red Crescent in October. Japan noted that this resolution could be crucial in maintaining momentum for the national implementation of IHL.
Several members expressed support for the Security Council’s adoption of resolution 2730, which was prepared by Switzerland and co-sponsored by 97 member states, including Council members Algeria, Ecuador, France, Guyana, Japan, Malta, Mozambique, the Republic of Korea (ROK), Slovenia, and the UK. They emphasised that the adoption of this resolution showcases the Council’s capacity to effectively promote compliance with IHL.
Additionally, several members underscored the importance of ensuring accountability for war crimes and violations of IHL, highlighting the crucial role of both national and international courts in prosecuting offenders. Mozambique stressed that states need to respect and fully comply with the rulings of the International Court of Justice (ICJ). Meanwhile, other members, including Ecuador, Guyana, and Japan, called on states to support the work of the ICC. The ROK highlighted the significance of using technical assistance for evidence collection, such as forensic and cyber technology, as well as satellite imagery.
Council members referenced several aspects of contemporary armed conflicts that complicate the implementation of IHL, including the rise of asymmetric conflicts, the proliferation of private military companies, the fight against terrorism and transnational organised crime, and the emergence of new forms of warfare. They noted that these evolving challenges require the adaptation and strengthening of humanitarian law to promote its continued effectiveness.
Several members—including Algeria, Slovenia, and the US—highlighted the challenges posed by non-state actors in implementing IHL. Some of these members stressed the importance of ensuring that IHL is fully integrated into all legal frameworks and procedures related to counter-terrorism and sanctions policies.
Acknowledging that cyberspace has emerged as a new domain for armed conflict, some members, including the ROK, emphasised that both the letter and spirit of the Geneva Conventions should be applied, and even expanded, within the cybersecurity domain. Additionally, these members called for increased efforts to develop rules and regulations governing the use of AI in the military context. Others pointed out that the implications on IHL of using autonomous weapon systems, including UAVs, must be addressed by member states.
