Humanitarian actors' engagement with accountability mechanisms in situations of armed conflict : workshop report

Abstract

The Individualisation of War Project explores the tensions arising from the increased prominence of the individual in the theory and practice of armed conflict133. One manifestation of this process of individualisation are the endeavours to enhance accountability for violations of international humanitarian law (IHL) and international human rights law (IHRL). These include the establishment of international and national tribunals and non‑judicial mechanisms such as commissions of inquiry, and the imposition of targeted sanctions. These are important measures for promoting compliance with the law and, consequently, enhancing the protection of civilians, but their implementation can give rise to tensions with humanitarian actors’ activities to provide protection and assistance, often to the same civilians. Humanitarians frequently have valuable first‑hand information on violations or are in direct contact with affected communities. However, the risk exists that if they share this information with accountability mechanisms – or are suspected of doing so – this may undermine their operations (and those of others) and put their staff and beneficiaries at risk. This is not a new tension, but it has become more prominent following the establishment of a number of international criminal tribunals in the 1990s.