The Round Table on current issues of international humanitarian law, traditionally organized by the Institute every year in September in co-operation with the International Committee of the Red Cross, is an international gathering very much appreciated by the international community as it offers an opportunity for periodic dialogue and debate on crucial topics of international humanitarian law.
The Sanremo Round Table, milestone of the activities of the International Institute of Humanitarian Law, encourages members of scientific, diplomatic, institutional and military circles from all over the world to meet informally and to examine the more burning issues concerning the promotion of, respect for and development of international humanitarian law with an eye to the future.
More than forty years of meetings and intense academic activity addressing the main topics of humanitarian law, under the auspices of the Institute, have created what has universally become known as the “humanitarian dialogue in the spirit of Sanremo”.
The last Round Table, held in Sanremo from 6 to 8 September 2018, addressed the issue of “Deprivation of Liberty and Armed Conflicts: exploring realities and remedies”.
Deprivation of liberty, in particular in relation to armed conflicts, poses a range of humanitarian and legal challenges. In many parts of the world, persons deprived of their liberty face dire conditions of detention and ill-treatment, caused by structural shortcomings in justice and prison systems or violations of basic detainee protections. Such situations become more serious in times of armed conflicts, where States or other actors, face resource restraints and high numbers of detainees.
Below the presentations delivered at the last Sanremo Round Table (6-8 September 2018 ) on Deprivation of liberty and armed conflicts: exploring realities and remedies. The few missing will follow shorlty.
The Round Table gathered together around 200 participants from the different regions of the world including military experts, academics and representatives of governments, international organizations, IHL practitioners and NGOs which spent two to discuss IHL related detention key issues.
- Alberto Biancheri, Mayor of Sanremo
- Fausto Pocar, President, International Institute of Humanitarian Law (IIHL)
- Helen Durham, Director of International Law and Policy, International Committee of the Red Cross (ICRC)
- Sebastiano Cardi, Ambassador, Representative of the Ministry of Foreign Affairs and International Cooperation of Italy
- Peter Maurer, President, ICRC (Video message)
- Between international humanitarian law, human rights law and standards: challenges in conducting detention operations in non-international armed conflicts
Steven Hill, Legal Adviser and Director of the Office of Legal Affairs at NATO
SETTING THE SCENE: THE HUMANITARIAN AND LEGAL CHALLENGES
Chair: Benoît D’Aboville, Vice-President, Foundation for Strategic Research and Policy; former Permanent Representative of France to NATO; Council Member, IIHL
- The human cost of detention, in particular , in States affected by armed conflict: the physical, psychological and societal consequences of deprivation of liberty
Ana Racu, Member of the Committee Against Torture
- Humanitarian challenges in contemporary armed conflicts: an operational overview
Laurent Saugy, Protection Coordinator, ICRC
- Contemporary challenges when applying IHL and IHRL to protect persons deprived of their liberty in relation to armed conflict, in particular NIAC
Blaise Cathcart, former Judge Advocate General, Canadian Armed Forces
- Legal and operational challenges posed by deprivation of liberty during extraterritorial military operations: a (European) state perspective
Camille Faure, Deputy Director, Department of Legal Affairs, Ministry of Defence of France
THE LEGAL BASIS FOR DEPRIVATION OF LIBERTY IN TIMES OF ARMED CONFLICT
Chair: Marie Jacobsson, Ambassador, Principal Legal Adviser on International Law, Ministry of Foreign Affairs of Sweden; Council Member, IIHL
- Argument in favour of IHL providing a legal authority for deprivation of liberty in relation to NIAC
John Swords, Deputy Director, Head of Operational and International Humanitarian Law Division, Ministry of Defence of the United Kingdom
- Argument against IHL providing a legal authority for deprivation of liberty in relation to NIAC
Lawrence Hill-Cawthorne, Associate Professor of International Law, University of Reading
PREVENTING ARBITRARY DETENTION: GROUNDS AND PROCEDURES FOR DEPRIVATION OF LIBERTY IN TIMES OF ARMED CONFLICT
Chair: Bakhtiyar Tuzmukhamedov, Member of the Committee Against Torture; Vice-President of the Russian Association of International Law; Member, IIHL
- Grounds and procedures for deprivation of liberty in times of IAC and in NIAC – existing law and policy proposals
Jelena Pejic, Senior Legal Adviser, ICRC; Member, IIHL
- Protecting individuals from arbitrary detention in ‘anti-terrorism’ operations: a State experience
Abdoulaye Kaka, General of the Police and Head of the Central Counterterrorism Agency in Niger
- Analysis of a practical case: the legal framework for deprivation of liberty in the context of screening operations in times of NIAC
Chris Jenks, Director of the Criminal Clinic and Associate Professor of Law, SMU Dedman School of Law; Member, IIHL
ENSURING HUMANE TREATMENT AND CONDITIONS OF DETENTION
Chair: Nils Melzer, UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Member, IIHL
- Adequate conditions of detention and the protection of vulnerable groups, during armed conflicts
Jes Rynkeby Knudsen, Chief Legal Adviser of the Defence Command, Ministry of Defence of Denmark
- Which steps does it take to ensure humane treatment and provide humane conditions of detention in the early stage of detention? A State’s experience
Javier Alberto Ayala Amaya, Head of the Legal Department, Colombian Armed Forces
- Humanitarian consequences of overcrowding and legal responses in times of armed conflict
Piera Barzanò, Senior Interregional Adviser, United Nations Office on Drugs and Crime (UNODC)
SPECIFIC CHALLENGES I: DETENTION AND DETAINEE TRANSFERS IN MULTINATIONAL OPERATIONS
Chair: Giorgio Battisti, Lt. General (ret.), former Commanding General of the Italian Army Training and Doctrine Command; Council Member, IIHL
- Deprivation of liberty and detainee transfers in joint military operations: operational challenges
Pascale Têtu, Legal Adviser, Ministry of Defence of France
- Implementing the legal framework relating to the deprivation of liberty by peacekeeping forces: a practical example
Stéphane Wohlfahrt, Senior Legal Officer, United Nations Office of Legal Affairs (UNOLA)
- Detainee transfers under IHL of IAC and under IHL of NIAC
Tilman Rodenhäuser, Legal Adviser, ICRC
SPECIFIC CHALLENGES II: DETENTION BY NON-STATE ARMED GROUPS
Chair: Yoram Dinstein, Emeritus Professor, University of Tel Aviv; President of the United Nations Association of Israel; Council Member, IIHL
- Deprivation of liberty by non-State armed groups in practice
Hichem Khadhraoui, Head of Operations, Geneva Call
- Which legal framework applies to deprivation of liberty by non-State armed groups and do they address the particular challenges when detention is conducted by non-State armed groups?
Katharine Fortin, Assistant Professor of International Law and Human Rights Law, University of Utrecht
- Ways to address legal and implementation challenges when armed groups detain
Sandesh Sivakumaran, Professor of International Law, University of Nottingham
LEGAL BOUNDARIES OF MIGRATION-RELATED DETENTION
Chair: Johan Rautenbach, Legal Counsel and Director of the Office of Legal Affairs, International Organization for Migration; Council Member, IIHL
- Humanitarian consequences of migration-related detention
Caroline Dulin Brass, Senior Legal Officer, Protection Policy and Legal Advice Section, United Nations High Commissioner for Refugees (UNHCR)
- The applicable legal framework and recent developments in the jurisprudence of human rights bodies and tribunals
Marcello Di Filippo, Professor of International Law, University of Pisa; Coordinator of the Observatory of EU Migration Law; Member, IIHL
- Migration detention of vulnerable migrants: particular needs and recent legal developments
Renate Winter, Chair, United Nations Committee on the Rights of the Child
- Presentation of the winning submission to the “2018 Sanremo New Voices in International Humanitarian Law” essay competition: “Policies of discrimination based national origin in migration related detention: realities and remedies”
Jinan Bastaki, Assistant Professor, UAE University
STRENGTHENING DETAINEE PROTECTION
Chair: Valériane Michel, Head of International Humanitarian Law and International Criminal Justice Section, Directorate of International Law, Swiss Federal Department of Foreign Affairs
- Strengthening the legal framework protection of detainees: what role for standard-setting?
Frederik Harhoff, Professor of International Law, University of Southern Denmark
- What makes parties to armed conflicts comply with applicable law? The ICRC’s Rules of Restraint Study
Fiona Terry, Head of the Centre for Operational Research and Experience, ICRC
- Strengthening specific knowledge of and compliance with applicable international law by armed forces: which role for training?
Grant Davies, Lt. Colonel, Army Legal Branch Operational Support, UK Army