Regional reports on the implementation of IHL

European Union

The ICRC has been working with the European Union (EU) since 1999, when the ICRC set up a delegation in Brussels. During this period, the EU has made respect for IHL a cornerstone of its external relations approach, in part through its guidelines on promoting compliance with IHL (adopted in 2005 and updated in 2009). These guidelines, developed with input from the ICRC, form the foundation of EU policy in this area. They are one of many EU initiatives designed to foster respect for IHL and protect civilians in conflict situations. The guidelines provide an overview of the EU’s means of action in its dealings with non-EU countries, as well as guidance for understanding IHL rules and principles, particularly for people working with or within the EU. The ICRC considers the EU guidelines a good example of the EU’s ongoing commitment to strengthening IHL compliance globally.

Since 2018, the EU Council’s Working Party on Public International Law (COJUR) has published an annual report on the implementation of the EU guidelines. The report, drafted by the EU Council’s legal services together with the European External Action Service and the European Commission, examines how the EU and its institutions – not its member states – implement the EU guidelines. Indeed, the EU guidelines clearly note, in paragraph 2, that:

These Guidelines are in line with the commitment of the EU and its Member States to IHL, and aim to address compliance with IHL by third States, and, as appropriate, non-State actors operating in third States. Whilst the same commitment extends to measures taken by the EU and its Member States to ensure compliance with IHL in their own conduct, including by their own forces, such measures are not covered by these Guidelines.” [emphasis added]

The report is structured the same way every year. It provides an overview of the EU’s achievements in promoting IHL by reviewing its actions over the course of the previous year. It examines public statements; political dialogues and representations; collaboration with international organizations (including the ICRC); restrictive measures; arms exports and arms controls; crisis management operations and IHL training (in both military and civilian missions); and support for the International Criminal Court and other tribunals. The report is typically released in July/August. The ICRC welcomes this type of voluntary reporting, seeing it as an excellent example of how major entities like the EU can review their activities to identify best practices for future reference.

Since 2021, the COJUR has hosted a launch event for the report, where the ICRC is regularly invited to speak. Co-organized by the two EU member states holding the rotating Council presidency in the year of publication, this event brings together experts from EU institutions, member states, the ICRC, humanitarian organizations, academia and the general public. It serves as a platform for discussing how the EU can further promote compliance with IHL.

Report on the EU Guidelines on Promoting Compliance with International Humanitarian Law – January 2023–December 2023 (EN/FR)

Report on the EU Guidelines on Promoting Compliance with International Humanitarian Law – January 2022–December 2022 (EN/FR)