The Gaza Protests: The Role of Human Rights Mechanisms in Implementing International Humanitarian Law

Seminar/Forum

The Gaza Protests: The Role of Human Rights Mechanisms in Implementing International Humanitarian Law

Melbourne Law School 920
Level 9
185 Pelham Street

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More information

law-apcml@unimelb.edu.au

United Nations’ mandated commissions of inquiry, fact-finding missions and investigations are increasingly utilised to respond to situations that raise justified grounds for believing there have been serious violations of international humanitarian law and international human rights law, and to promote accountability and counter impunity. On 18 May 2018, the Human Rights Council adopted a resolution in which it established a CoI to investigate alleged violations in the Occupied Palestinian Territory, particularly in the Gaza Strip, in the context of protests that began on 30 March 2018. The Commission of Inquiry reported to the Human Rights Council on 18 March 2019. This seminar will focus on the role of human rights mechanisms as an accountability mechanism for all international law violations. More specifically, does this inclusive approach help or hinder in ensuring respect for IHL? Given that there is no treaty mechanism in IHL to monitor implementation of the law by states, are the existing human rights mechanisms a way to promote IHL accountability, especially when IHL is often within their mandate? Or because of the specialisation of these human rights mechanisms in IHRL, can they misapply IHL, place unrealistic requirements on states, or weaken the credibility of both IHL and the more stringent IHRL standards?

Presenter

  • Dr Michelle  Lesh
    Dr Michelle Lesh, Visiting Fellow