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Declaration on Strengthening Co-operation In International Humanitarian Law (21 July 2005) [2005] ComSecDecl 1

Declaration on Strengthening Co-operation In International Humanitarian Law

Declaration of the Nairobi Meeting of Commonwealth National Committees on International Humanitarian Law 21 July 2005

Promotion of Treaty Accession, Legislation and Committees (TLC)

The Commonwealth National Committees on International Humanitarian Law, and Representatives of Commonwealth Governments considering their establishment, meeting for the first time from 19 to 21 July 2005 in Nairobi, Kenya, recalling the Commonwealth Red Cross and Red Crescent Conference on International Humanitarian Law which met in London in February 2003, recognising the Commonwealth values of commitment to dignity, humanity and the rule of law, recognising the common legal heritage of Commonwealth States which provides a good basis on which to share expertise and experience, and to encourage the adoption of effective national laws and good practice, expressing their thanks to the International Committee of the Red Cross, the Kenyan Government, the British Red Cross Society, the United Kingdom Foreign and Commonwealth Office and the Commonwealth Secretariat for their support in organising this Meeting, hereby agree as follows:

1. to give a higher priority in their policy and programmes to publicising, applying and promoting respect for international humanitarian law;

2. to consider recommending that States accede to international humanitarian law treaties to which they are not yet party;

3. to consider examining existing legislation and, where necessary, recommend that States adopt appropriate, effective legislation to implement those international humanitarian law treaties to which they are a party;2

4. to consider establishing, where not already done, a National Committee on International Humanitarian Law; or an equivalent regional body;

5. to promote increased contacts and co-operation among the Conference participants, including the Commonwealth Secretariat, the International Committee of the Red Cross (ICRC) and its Advisory Service on IHL and National Committees on International Humanitarian Law,

6. to encourage Commonwealth States to consider hosting the second Commonwealth Red Cross and Red Crescent Conference on International Humanitarian Law, to be held in the first part of 2007, before the International Conference of the Red Cross and Red Crescent later in the year;

7. further to encourage all Commonwealth States and National Societies, the ICRC, the International Federation of Red Cross and Red Crescent Societies and the Commonwealth Secretariat, actively to support and participate in the second Commonwealth Red Cross and Red Crescent Conference on International Humanitarian Law; and

8. to recall the urgency to reinforce measures aimed at guaranteeing the protection of victims of war and of medical and humanitarian personnel in all circumstances and to underline in this respect the significance of the proposed Third Protocol Additional to the 1949 Geneva Conventions, and therefore request States to consider the proposal for a conference on the Third Protocol.

¹ Including the 1949 Geneva Conventions and their Protocols (with Article 90 of Additional Protocol I), the Hague Cultural Property Convention and its Protocols, the International Criminal Court Statute, the Environmental Modification Convention, the Biological Weapons Convention and the 1925 Geneva Protocol, the Chemical Weapons Convention, the Convention on Certain Conventional Weapons and its Protocols, the Anti-Personnel Landmines Convention, and the Optional Protocol to the Convention on the Rights of the Child.

² Including legislation for which models exist including the 1949 Geneva Conventions and their Additional Protocols, the International Criminal Court Statute, the Anti-Personnel Landmines Treaty, the humanitarian law treaties, the Chemical Weapons Convention, and the Biological Weapons Convention.

³ The States with committees include Australia, Canada, the Gambia, Kenya, Lesotho, Malawi, Mauritius, Namibia, New Zealand, Sri Lanka, Seychelles, Trinidad and Tobago, and the United Kingdom