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At the beginning of 2008, there were national IHL implementation committees or similar bodies in 86 countries. The ICRC supports the creation of these bodies because it has been proven that they are an effective way to enforce treaties mandated by the Geneva Conventions of 1949 and the Additional Protocols of 1977 and 2005, and other IHL instruments.
Copies of national committees are not provided for in the Geneva Conventions. The decision to establish them is the exclusive right of each State. There is no uniform format or structure for the boards. Therefore, the national councils of different countries differ both in their composition and in their functioning.
In order to encourage the creation of national committees, the ICRC Advisory Service on IHL issued Guidelines, which are based on the decisions of the meeting of experts held in Geneva in 1996. In 2003, the Advisory work concludes the initiative with the publication of a Practical Recommendation that aims to facilitate the work of National Commissions on International Humanitarian Law.
The ICRC notes that the role of national committees is to evaluate national legislation in the light of the obligations contemplated in the IHL instruments, in particular the Geneva Conventions and their Additional Protocols.
Councils should also monitor the implementation of IHL, be able to propose new laws or amendments to existing laws and provide guidance on the interpretation of humanitarian principles.
Furthermore, councils should play an important role in raising greater awareness of IHL, for example by participating in the training of members of the armed forces and teaching the principles of IHL in schools and universities.
The effectiveness of national committees depends largely on their composition. It is necessary that these bodies are made up of experts, in particular, representatives of institutions that have a direct interest in IHL, such as those of Defense, Foreign Affairs, Interior, Justice and Education.
In many countries, high-ranking members of the judiciary and the military, as well as academics specializing in the field and representatives of humanitarian organizations and the media, also participate in the councils.
National Red Cross or Local Red Crescent Societies also play an important role in this regard. They can participate in the decision to create a national committee, fulfill secretarial duties and provide their experience through participation and advice, in addition to the valuable contribution represented by their participation in debates on the signs- sign and help them to the authorities of the councils. on humanitarian issues.
The establishment of the Permanent Council represents the commitment of governments to guarantee the application of IHL, and is a way of recognizing that humanitarian law is constantly evolving, as it responds to changes in the nature and character of conflicts.
Although the creation of national implementation commissions is not contemplated in IHL applications, such commissions can be a national reference center with respect to many humanitarian issues.
The ICRC considers permanent cooperation with national committees important. The relationship between the Company and the councils allows a free exchange of experiences and advice. Likewise, the ICRC promotes cooperation and the dissemination of experiences between national committees of countries in the same region.
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