Geneva

Third Formal Meeting ofIntergovernmental Process on Strengthening Respect for InternationalHumanitarian Law (IHL)

Intervention by ESTONIA

Session: Ways to enhance the implementation of IHL using the potential of theInternational Conference and IHL regional forums

Genf, 4 detsember 2017

Estonia commends the ICRC’sand Switzerland’s efforts in the Intergovernmental Process on StrengtheningRespect for IHL, including the delivery of the Report on Existing Mechanisms aswell as the Draft Background Document.

Estonia remains committed to strengthening compliance with and respect for InternationalHumanitarian Law. However, we consider that the Report prepared by theco-facilitators demonstrates that the existing mechanisms do not provide forthe most effective way forward as stipulated in Resolution 2 of the 32^ndInternational Conference. It would therefore be preferable to also reach anagreement on the features and functions of a potential forum of States, as statedin Resolution 2. Estonia therefore reconfirms its strong support for theestablishment of a forum of States that would serve as a separate platformtasked specifically withstrengthening compliance with and respect for IHL.

However, as already noted by some delegations,Resolution 2 has a twofold aim in that it also urges exploring “ways to enhancethe implementation of IHL using the potential of the International Conferenceand IHL regional forums”. Estonia is therefore ready to explore the potentialof existing mechanisms and ways of enhancing the implementation of IHL through suchmechanisms.

The International Conference,for instance, represents a unique and very valuable mechanism to enhance andinspire humanitarian debates among governments, as well as the Movement. It isworth discussing whether the conference at present is utilised to its fullpotential and where existing gaps can be filled in respect to IHL issues. Wedo, however, consider that the International Conference in its current form has proven its value and Estonia cautionsagainst changing the very naturethereof.

Furthermore, we would be readyto consider potential intersessional meetings of the Conference. We also welcome ideas presented by some States, who havedrawn attention to the Challenges Reports, meriting more thorough and frequentdiscussion.

Estonia stresses that it is theStates’ duty to respect and ensure respect for IHL in all circumstances. We aretherefore open to discussing States’ further concrete proposals on how thiscould be better achieved through the existing international mechanisms and howrespect for IHL can be strengthened in practice.