Statement of the President of the International Humanitarian Fact-finding Commission, Professor Michael Bothe, before the Third Universal Meeting of National Committees on International Humanitarian Law.
The fundamental purpose of this Conference has been to promote the better implementation of international humanitarian law. In this context, the IHFFC reminded the delegates of the National Commission on International Humanitarian Law assembled of the IHFFC as a tool which exists exactly for this purpose.
Art. 90 AP I creates a permanent body which States may seize if there are allegations of violations of international humanitarian law. Its task is to clarify the relevant facts. The creation of this body was one of the major achievements of the drafters of AP I in 1977 who wished to improve the mechanisms designed to ensure respect for the Conventions and the Additional Protocols. However, the binding competence of the Commission does not follow automatically from the ratification of AP I. An additional declaration is necessary to this effect. The General Assembly of the United Nations has repeatedly invited States to make this declaration in addition to their ratification, and it is hopefully making the same appeal in the resolution the draft of which is now being considered in the 6th Committee. There are also resolutions of Red Cross/Red Crescent conferences to the same effect.
The National Committees on IHL are particularly well placed to see to it that these appeals are heeded and that the potential for a better implementation of IHL which the Commission offers is indeed used by their countries. 72 countries from all parts of the World have so far recognized the competence of the Commission. Time for those who have not yet done so to join the club.
