Agreement on the Establishment of the National Committee for Implementation of International Humanitarian Law

Transcription

1 Agreement on the Establishment of the National Committee for Implementation of International Humanitarian Law Ministry of Foreign Affairs of the Czech Republic, Ministry of Defence of the Czech Republic and Czech Red Cross, Being aware of their responsibility for implementation of International Humanitarian Law (IHL), guaranteeing respect for IHL and dissemination of information on IHL, Expressing their conviction that the general knowledge of the rules of IHL is the best guarantee of the respect for IHL and the protection of victims of armed conflicts, Based on resolution of the government No 1290 of November which approved the policy process of the delegation of the Czech Republic at the 30th International Red Cross Conference held on November 26 30, 2007 in Geneva, including approval of institutionalization of the Commission for implementation of IHL, Fulfilling this honorary commitment deriving from the establishment of the National Committee for implementation of IHL, Came to the following agreement: The National Committee for implementation of IHL is being established. I. II. The founding members of the National Committee are the Ministry of Foreign Affairs of the Czech Republic, the Ministry of Defence of the Czech Republic and the Czech Red Cross. Other departments or academic institutions will be invited to the membership in the National Committee. III. The National Committee for implementation of IHL follows the principles of its activities which are a part of this Agreement. Prague, October 10, 2011 For the Ministry of Foreign Affairs of the Czech Republic For the Ministry of Defence of the Czech Republic For the Czech Red Cross

2 The Principles of the National Committee for Implementation of IHL I. Introductory Provisions 1. The National Committee is a permanent coordinating and advisory body for stakeholders (i.e. the Ministry of Foreign Affairs, Ministry of Defence, Czech Red Cross and other organizations that are connected to an Agreement in accordance with Article VIII) in matters related to IHL. 2. The function of Secretariat of the National Committee is implemented by the International Law Department of the Ministry of Foreign Affairs. In particular, the National Committee: II. Activities of the National Committee a) monitors and evaluates current issues related to the development of IHL; b) monitors and evaluates the implementation of IHL in the Czech Republic, including the practice of judicial and administrative authorities and the practice of activities of armed forces; c) if necessary, sets up ad hoc working groups to deal with specific issues related to IHL; d) submits recommendations to stakeholders and proposals concerning, in particular, the legislative and other measures to ensure fulfilment of commitments of the Czech Republic deriving from IHL, including recommendations for further negotiation of international agreements in the area of IHL; e) evaluates its work and adopts an action plan for the next period at regular intervals, usually two years; f) promotes the dissemination of IHL within the state administration, armed forces and security forces of the Czech Republic, members of Integrated Rescue System, schools and universities; g) participates in the preparation of scientific projects in the area of IHL; h) cooperates with the National Committees for the implementation of IHL of other states and with international organizations, particularly with International Committee of the Red Cross; i) cooperates with Czech and foreign experts in issues of IHL; j) publishes information on their activities in cooperation with the Czech Red Cross through its websites. 2

3 III. Powers of the National Committee 1. The National Committee carries out its activities within the scope of stakeholders on the basis of the relevant legislation. 2. The National Committee adopts resolutions whose contents are suggestions and recommendations. 3. Each stakeholder will strive to implement resolution of the National Committee in its scope. 4. The Chairman of the National Committee ensures submitting its proposals and recommendations to the institutions that are not a part of the National Committee on the basis of its resolution. IV. Structure and Bodies of the National Committee 1. The National Committee consists of the Chairman of the National Committee (hereinafter "the Chairman"), members of the National Committee and Secretary of the National Committee (hereinafter "Secretary"). 2. The Chairman of the National Committee is a representative of the Ministry of Foreign Affairs. If necessary, the Chairman will delegate his Deputy of the Ministry of Defence or the Czech Red Cross. 3. The members of the National Committee consist of a representative of each stakeholder, except Secretary. 4. Each stakeholder will nominate his representative in accordance with its internal rules; this one should be an expert in particular areas closely associated with the activities of the National Committee. V. Secretary 1. The secretary is an employee of the International Legal Department of the Ministry of Foreign Affairs of the Czech Republic 2. The Secretary fulfils the function of the National Committee, participates in all its meetings or meetings of its working bodies. 3. The Secretary maintains a list of contact points of the stakeholders. 3

4 VI. Session of the National Committee 1. The Chairman prepares sessions of National Committee, materials for meetings and proposals of resolution of the National Committee, in cooperation with the Secretary and the other founding members. 2. The Secretary convenes the members of National Committee for a regular session at least three times a year according to the instructions of the Chairman. The Secretary convenes the members of the National Committee for an extraordinary session according to the instructions of the Chairman or at the request of at least one third of the members of the National Committee. This is done through e mail or written invitation. The members of the National Committee are informed about the place, time and programme of the regular session of the National Committee at least 10 working days in advance, in the case of an extraordinary session at least 3 working days in advance. 3. A programme of a session is made by the Chairman; each member of the National Committee can propose an item of a programme at least 2 working days in advance. 4. A session of the National Committee is directed by the Chairman. 5. The Chairman invites on its own initiative or at the request of a member of the National Committee other people with knowledge in IHL or relevant areas to a session. These people have no right to vote. 6. More representatives of stakeholders may participate in a session on the basis of approval of the Secretary. These people have no right to vote. 7. The quorum of the National Committee can be provided if the majority of its members is present at a session. National Committee strives to adopt decisions by consensus. If there is a vote on the resolution, the National Committee adopts resolution by a majority of the members being present at a session, in case of equality of votes, the vote of the chairman is deciding. 8. The Secretary of the National Committee, or in case of his absence a member of the National Committee designated by the Chairman, is responsible for making a protocol of each session of the National Committee. Each member has a right to his own opinion and can request his opinion to be recorded in the protocol, even if the opinion is different from the opinions of the majority. All members of the National Committee will receive the protocol through e mail or in writing within fourteen days since the date of a session of the National Committee. 9. A session of the National Committee is held at the place designated by the Secretary of the National Committee or on the basis of the proposal of the members of the National Committee elsewhere. VII. Remuneration of Members of the National Committee The membership in the National Committee is an honorary function. There is no entitlement to remuneration. The members of the National Committee do not have a right to compensation for their travel and other costs associated with participation in a session of the National Committee. 4

5 VIII. Adoption of Other Institutions to the National Committee 1. Agreement, which came into force by signature of the last of the founding members, is open to access to other central state administration bodies besides signatories. 2. The National Committee decides on the membership of other institutions, such as Faculties of Law of public Universities, on the basis of their request and the absolute majority of its members. IX. Stakeholders 1. The stakeholders will arrange the contact point and notify it to the Secretary of the National Committee. The contact point will be responsible for communication with the Secretary. 2. The stakeholders will nominate a member of the National Committee who will participate in a session of the National Committee. 3. The stakeholders will allow and ensure, including financial costs, participation of a member of the National Committee in events related to the activities of the National Committees. X. Final Provisions The changes to these Principles may be made by means of an amendment which is accepted by all members of the National Committee at its session. 5