Guidance

International humanitarian law implementation reports and their advantages: an overview

Updated 2 August 2022

All States are bound by customary International Humanitarian Law (IHL) and their treaty obligations under the 1949 Geneva Conventions. However, these international laws are only effective if they are properly implemented in the national system of each State.

A report on the implementation of IHL at the domestic level (or, simply, an ‘implementation report’) chronicles:

1. Those IHL treaties by which that State has consented to be bound
2. The steps taken by the State to implement those treaties in domestic law and policy

The document may be prepared by the government directly or by an officially recognised body, such as a National IHL Committee, or a National Red Cross or Red Crescent Society. Alternatively, it could also be prepared by a relevant expert in the domestic application of international law in the State concerned, such as a university professor. In any case, the Government should initiate, review and formalise the report.

Under IHL, there is no obligation on States to produce an implementation report. However, there are a number of advantages to doing so voluntarily.

First, although not all States may wish to make their implementation report public, publication provides States with a way to promote their respective records on IHL implementation, and to set the scene for compliance with IHL. Publishing the report can also improve overall understanding of IHL by encouraging and informing dialogue on IHL issues – both at home and abroad.

Second, an implementation report can act as a single reference document which officials can consult for a variety of purposes:

• drafting reports or legal briefs
• responding to parliamentary questions
• or when considering new policies related to IHL

By having information on all of the State’s obligations and implementing legislation (or other instruments) in one place, an implementation report can be of practical benefit to those working on policy and other decision-makers.

Third, by researching how the provisions of each applicable IHL treaty have been implemented in domestic legislation – or turned into policies, doctrine and military manuals – government officials can identify any possible gaps in the implementation of the treaty domestically. This analysis does not need be made public, even if the rest of the report is published. The government may then wish to work with the legislature or other relevant actors to create a plan of action to address such gaps.

Finally, effective IHL implementation promotes an international framework with shared rules. Shared rules, in turn, encourage predictable behaviour by States, and create conditions for the rule of law, accountability and transparency. The very act of researching, drafting and publishing an implementation report helps to enhance confidence between States and, thereby, IHL implementation and compliance globally. The publication of an implementation report makes a powerful statement about a State’s commitment to uphold the rules-based international legal system.