1 00:00:01,340 --> 00:00:07,640 Gives me great pleasure today to introduce an event who's come away in Geneva, especially for for us. 2 00:00:08,930 --> 00:00:14,959 It's a great pleasure because I may use an NGO personality of one of the charismatic people in 3 00:00:14,960 --> 00:00:21,830 the NGO community is fine with an NGO with a very specific mission and made great successes. 4 00:00:23,540 --> 00:00:31,279 Geneva Cool started several years ago and it really did fill a gap and set out to fill the gap, 5 00:00:31,280 --> 00:00:40,939 which is about to talk about and a very courageous and inspired way to try and engage armed groups about humanitarian norms. 6 00:00:40,940 --> 00:00:47,030 And of course, this is in the context of a profoundly statist approach to international humanitarian law. 7 00:00:48,410 --> 00:00:54,620 And those of you who know the Geneva Conventions will make common Article three common to each convention, 8 00:00:54,950 --> 00:01:03,380 which in a very general way tries to call on all parties to cooperate, to abide by the Geneva Conventions. 9 00:01:03,680 --> 00:01:11,240 And that's really the gap in which Geneva call picked up this particular mandate and went out of to reach out to armed groups to try to, 10 00:01:12,260 --> 00:01:16,760 if you like, put flesh on the very small skeleton and that part of international. 11 00:01:18,540 --> 00:01:21,280 So it's a great pleasure to have you here. Thank you for coming. 12 00:01:21,610 --> 00:01:29,319 And of course, that process got more difficult after 911 in 2001, when a lot of armed groups, 13 00:01:29,320 --> 00:01:33,460 what we were calling armed groups, were relabelled as terrorist groups. 14 00:01:33,880 --> 00:01:40,600 And very often any kind of interaction with them was and still is for some of them heavily prescribed. 15 00:01:41,320 --> 00:01:45,520 So Geneva calls mission. The mandate became more complicated still. 16 00:01:46,810 --> 00:01:52,840 But for us, it's a great pleasure to have you with us because it is our focus on ethics, 17 00:01:52,840 --> 00:01:57,940 law and norms brings us to the heart of Geneva, Paul's work and mission. 18 00:01:58,240 --> 00:02:02,410 So thank you very much for coming in as we look forward to. Thank you. 19 00:02:06,130 --> 00:02:13,160 And thank you for giving me this opportunity to be here today and to explain our work. 20 00:02:13,630 --> 00:02:20,260 I have to say immediately, I am not a lawyer and I am not an English native speaker. 21 00:02:20,260 --> 00:02:28,270 So you have to be and you have to understand that sometimes I will make some some mistakes. 22 00:02:28,720 --> 00:02:39,070 So the proposal was to present the work of Geneva called some challenge and difficulties and then to have question. 23 00:02:39,070 --> 00:02:42,510 But if you have really a burning question, don't hesitate. 24 00:02:43,270 --> 00:02:50,050 I can reply during the presentation and I also brought several pictures. 25 00:02:50,060 --> 00:02:55,180 So it's the presentation will be less boring. 26 00:02:57,260 --> 00:03:04,780 So let's start with a quote of a former member of the Colombian guerrilla. 27 00:03:04,780 --> 00:03:13,480 And he said, Every one of us went to war on the premise of fighting for humanity, but in the process, we have ended up destroying it. 28 00:03:13,560 --> 00:03:20,170 And I think this is something important for us to do to understand the groups. 29 00:03:20,170 --> 00:03:23,800 And I will come back to to to this quote, leader. 30 00:03:24,400 --> 00:03:32,370 And what Mr. Guillen is essentially referring to is the separation of use and venom from use in the law. 31 00:03:32,770 --> 00:03:37,780 And this distinction may be very clear for most of you, if not all of you, 32 00:03:38,230 --> 00:03:47,860 but it is certainly far less so for a young man or woman joining an armed group in order to fight against real or perceived injustice, 33 00:03:48,340 --> 00:03:57,700 against persecution on religious or ethnic grounds, against incessant poverty, resource scarcity, or a combination thereof. 34 00:03:59,590 --> 00:04:09,010 From the standpoint of such fighters, armed groups, does the separation of youth that Belen from Youth in Bello seem quite so natural? 35 00:04:10,090 --> 00:04:18,010 If you want to enhance the protection of civilians from the effects from the effects of the armed conflict, 36 00:04:18,760 --> 00:04:23,110 you must ask ourselves whether we are doing a good job. 37 00:04:23,110 --> 00:04:30,400 Enough of just understanding there and incentive to respect humanitarian norms, 38 00:04:30,880 --> 00:04:37,630 the challenge they face in trying to do so and then to find a solution to address that. 39 00:04:38,350 --> 00:04:42,489 And this is what generico does or is trying to do. 40 00:04:42,490 --> 00:04:51,549 And let me explain a little bit. Our concept Geneva Call is a Swiss based, neutral, impartial humanitarian organisation. 41 00:04:51,550 --> 00:04:56,350 So you see a real Swiss project, neutral compassion, humanitarian, 42 00:04:56,830 --> 00:05:03,220 dedicating to engaging on non-state actors for better compliance with humanitarian norms. 43 00:05:04,390 --> 00:05:11,709 Geneva calls Team-mates objectives is to improve the protection of civilians from 44 00:05:11,710 --> 00:05:17,410 the effects of armed conflict through such compliance by armed groups in practice. 45 00:05:17,410 --> 00:05:23,110 Geneva call not only engage with traditional rebel groups, militia or insurgents, 46 00:05:23,590 --> 00:05:34,240 but also with the National Liberation Movement in non or partially internationally recognised states like Abkhazia, Nagorno-Karabakh, Somaliland. 47 00:05:34,600 --> 00:05:40,720 As long as they cannot sign into a treaty to enter into international treaties, we engage them. 48 00:05:41,800 --> 00:05:43,629 As some of you may know, 49 00:05:43,630 --> 00:05:52,000 the initial focus in Geneva was on the ban of anti-personnel mines when the Doha convention banning anti-personnel mines was signed, 50 00:05:52,510 --> 00:06:03,130 Geneva calls started because it was realised that anti-personnel mines would not be eradicated unless armed groups also renounce their use. 51 00:06:03,640 --> 00:06:06,730 They are to be the main use of anti-personnel mines. 52 00:06:07,960 --> 00:06:11,710 They do their own weapons, their own interpersonal mind. 53 00:06:11,710 --> 00:06:16,270 Here you have an example of then with peace of medicines and fertilisers, 54 00:06:16,810 --> 00:06:23,680 or here with explosives and batteries and wave accusing initially on the landmine burned. 55 00:06:23,680 --> 00:06:31,990 Geneva Court has recently expanded its activities to the prohibition of sexual violence and discrimination against women. 56 00:06:32,440 --> 00:06:37,329 And the prohibition of the use of children in armed conflict as well as their 57 00:06:37,330 --> 00:06:45,129 protection in Geneva is also envisage envisages e.g. initiating a new theme question. 58 00:06:45,130 --> 00:06:55,720 On the question of IDPs, it is general is also increasingly responding to armed groups demands to help build their 59 00:06:55,780 --> 00:07:02,290 knowledge and enforcement capacities in international humanitarian law through training courses. 60 00:07:04,480 --> 00:07:13,270 So many organisations have regular contact, contact with armed groups and negotiate humanitarian agreements every day on access, 61 00:07:13,270 --> 00:07:18,400 for instance, to be able to deliver humanitarian assistance in the field. 62 00:07:19,180 --> 00:07:22,540 These are usually specific short agreements. 63 00:07:22,990 --> 00:07:29,230 And Geneva actually has a different approach based on norms and on the longer term. 64 00:07:31,160 --> 00:07:37,100 The work of ginning up coal can be corrected, characterised by four main process. 65 00:07:38,240 --> 00:07:44,180 The first one is the establishment of a sustained and constructive dialogue 66 00:07:44,510 --> 00:07:49,100 aimed at sensitising armed groups on international standards and their respect. 67 00:07:49,490 --> 00:07:57,860 It could be in the field or in the headquarters of the of the armed groups. 68 00:07:57,950 --> 00:08:02,110 Here you have even, you know, the seats into too neat camouflage. 69 00:08:02,120 --> 00:08:08,550 How do you call this unit? You see, even the seats are like in military time. 70 00:08:10,370 --> 00:08:20,180 This is a long and fashion project process. The decision to engage one group rather than another one is taken on the basis of values criteria. 71 00:08:20,240 --> 00:08:26,560 I can come back on these criteria later, but never whether the group is listed or not. 72 00:08:26,570 --> 00:08:35,960 As a terrorist organisation, we like or we don't like these groups and they are part of the problem and they will be part of the solution. 73 00:08:37,360 --> 00:08:50,410 The second the second process in Geneva call after having established contact is the sign of two of what we call the deed of commitment in Geneva. 74 00:08:51,130 --> 00:08:55,800 It's a mechanism whereby armed groups have the opportunity, 75 00:08:55,820 --> 00:09:04,510 but they cannot sign international treaties to take the engagement through a formal document to respect different humanity in animals. 76 00:09:05,260 --> 00:09:12,070 Today, Geneva Merkel has developed three such instruments the deed of commitment building anti-personnel mines, 77 00:09:12,520 --> 00:09:16,840 the deed of commitment protecting children from the effects of armed conflict, 78 00:09:17,200 --> 00:09:22,150 and the deed of commitment prohibiting sexual violence and gender discrimination. 79 00:09:22,840 --> 00:09:30,600 And as I said, we are thinking of launching perhaps a new one on the question of the deeds of commitment, 80 00:09:30,640 --> 00:09:35,410 mutual international standards, and are signed by the armed groups. 81 00:09:35,650 --> 00:09:36,580 But not only. 82 00:09:36,580 --> 00:09:47,560 They are also countersigned by Geneva Accords and by the government of the Republic and Canton of Geneva, which serve as custodians of these deeds. 83 00:09:48,100 --> 00:09:59,170 The signing ceremony usually takes place in the Alabama dorm in Geneva, where Mr. Mr. Wickham was signed, the first Geneva Convention. 84 00:09:59,800 --> 00:10:04,990 We can see here the signing ceremony with an armed group with the government of Geneva. 85 00:10:06,760 --> 00:10:12,610 Under the deeds of commitment, armed groups have to respect different obligation mirroring. 86 00:10:12,610 --> 00:10:16,330 As I said before, the corresponding convention or treaty. 87 00:10:17,170 --> 00:10:22,540 This specific obligation formed the first part of the deed of commitment of each deed of commitment, 88 00:10:23,110 --> 00:10:32,350 and then each of the deeds have similar has similar articles which mention important points 89 00:10:32,560 --> 00:10:38,620 to allow and cooperate in monitoring and verification of their commitment by Geneva Court. 90 00:10:39,520 --> 00:10:44,950 They have to agree with monitoring and verification mission if necessary. 91 00:10:45,580 --> 00:10:47,020 They have another obligation. 92 00:10:47,380 --> 00:10:56,080 They have to issue orders and directives to their commanders and fighters for the implementation and enforcement of the common commitments, 93 00:10:56,650 --> 00:11:05,020 including measures for dissemination as well as disciplinary sanction in case of non-compliance. 94 00:11:05,020 --> 00:11:11,500 Meaning they have to think about sanction if the combatants do not respect their obligations. 95 00:11:12,700 --> 00:11:22,570 The third obligation is to treat this commitment as one step or part of a broader commitment in principle to the ideal of humanitarian norms, 96 00:11:23,170 --> 00:11:29,950 meaning they cannot sign the deed of commitment and the date two days later to place a bond in a market, 97 00:11:29,950 --> 00:11:34,629 for instance, and two, to start to do an indiscriminate attacks. 98 00:11:34,630 --> 00:11:40,700 So we have to consider this as part of a broader commitment to the ideal of humanity. 99 00:11:41,290 --> 00:11:47,049 And finally, they have to also to recognise that the deed of commitment will not affect 100 00:11:47,050 --> 00:11:51,790 their legal statutes pursuant to the relevant clause in Common Article three, 101 00:11:51,790 --> 00:11:58,030 which was just mention of the Geneva Convention, meaning they understand that in signing these leaders commitment, 102 00:11:58,600 --> 00:12:10,600 it will not give them any recognition or any legitimacy to the third process of the building confers confidence and negotiating and then 103 00:12:10,600 --> 00:12:19,719 signing the deed of commitment is a support to by Geneva call to the armed non-state actors for the implementation of the deeds of commitment, 104 00:12:19,720 --> 00:12:25,540 obligation and to do monitoring compliance of the engagement, including, as I said, 105 00:12:25,540 --> 00:12:32,400 field verification mission, because the signing of this engagement is far from the end of the process. 106 00:12:32,410 --> 00:12:39,610 On the contrary. Jenny Macklin tries hard to contribute to the implementation of their obligation and monitors compliance. 107 00:12:40,450 --> 00:12:49,810 Supporting implementation firmly takes the form of organise organising training workshops to the commanders, to the combatants in the field. 108 00:12:50,710 --> 00:12:55,630 But it could be also facilitating a system for some concrete steps, 109 00:12:55,630 --> 00:13:02,290 fines and helping them to destroy their stockpiles or to take measures to protect the children. 110 00:13:03,250 --> 00:13:11,380 The second aspect is, is the monitoring first in support to implementation, then as a monitoring. 111 00:13:11,800 --> 00:13:21,550 And this activity is not only carried out by Geneva call, but also by local partners and other organisations and their armed non-state actors. 112 00:13:21,550 --> 00:13:33,520 Hence also to do self reporting, armed groups have to move from the beginning that they will be held accountable and finally feel very fumigation. 113 00:13:33,520 --> 00:13:40,920 Mission can be organised in case of serious. Allegation of criminal complaint, which was in fact not. 114 00:13:40,930 --> 00:13:47,050 We faced only three case of non-compliance or allegation of non-compliance. 115 00:13:47,440 --> 00:13:51,550 So we do field mission verification mission in the field. 116 00:13:51,730 --> 00:13:58,670 We interview the regular armed forces, the armed groups, witnesses. 117 00:13:58,690 --> 00:14:02,680 So we really view an important verification. 118 00:14:03,430 --> 00:14:12,879 And Geneva call dedicates a lot of effort on that process because finally all the credibility of Geneva call needs on this capacity. 119 00:14:12,880 --> 00:14:17,000 To be sure, the engagement taken by the armed groups are respected. 120 00:14:17,170 --> 00:14:23,350 If you have only a nice signing ceremony in a piece of paper somewhere in a room in Geneva, 121 00:14:23,680 --> 00:14:32,020 it will not change the behaviour of the armed groups and you have really to contribute to the implementation and to verify. 122 00:14:33,760 --> 00:14:41,050 And the fourth aspect we work with for male combatants in many situation. 123 00:14:41,920 --> 00:14:45,880 You have an important part of the armed groups. 124 00:14:47,140 --> 00:14:53,080 You have female combatants and in many situations one can work specifically with 125 00:14:53,080 --> 00:14:59,710 these women on humanitarian norms and encourage them then to advocate in the groups. 126 00:15:00,190 --> 00:15:11,200 We work also with this female combatants about skin negotiation treatment between them because it's important to have women involved in peace talks, 127 00:15:11,200 --> 00:15:14,080 in peace negotiation, to have women around the table. 128 00:15:14,470 --> 00:15:21,730 When you have this negotiation and they have requested us very often to train them on negotiation, 129 00:15:21,730 --> 00:15:28,630 you cannot spend 20 years in the bush and then to be able to negotiate around the table and having, 130 00:15:28,690 --> 00:15:32,230 you know, people representing government in front of you. 131 00:15:34,120 --> 00:15:43,960 So what are the achievements to date? Geneva has engaged with about 70 armed groups in different parts of the world. 132 00:15:45,010 --> 00:15:47,049 You have here the different region. 133 00:15:47,050 --> 00:15:55,400 And as of today, 42 have signed the deed of commitment banning anti-personnel mines in Africa, in Middle East, Europe. 134 00:15:56,050 --> 00:16:02,440 Not all these group are still active. Some of them disappeared and some of them are today your government. 135 00:16:02,710 --> 00:16:04,600 So 42 have signed, 136 00:16:04,600 --> 00:16:13,720 but that doesn't mean that 42 are still active and these groups have complied with their pledge and most of them have destroyed their stock price. 137 00:16:14,290 --> 00:16:20,950 More than 20,000 mines and thousands of you unexploded ordnance had to be destroyed. 138 00:16:21,640 --> 00:16:33,820 In this case, also, we attend the the kind of activities to be sure it is done, we verify the number of mines destroyed. 139 00:16:34,180 --> 00:16:44,049 So we really monitor also each step of the implementation, saying your troops have also cooperated in mine action. 140 00:16:44,050 --> 00:16:47,800 Are the groups still reluctant, for instance, to sign the deed of commitment? 141 00:16:48,340 --> 00:16:56,230 Have taken concrete steps to reduce the impact on this weapon of this weapon on civilian the civilian population. 142 00:16:56,680 --> 00:17:06,819 This is what we call a step by step approach. We face some groups saying we will not ban anti-personnel mines when we need this kind of weapon. 143 00:17:06,820 --> 00:17:15,219 We have only Kalashnikov and anti-personnel mine. So armed forces, they haven't equipped our tank and so we will not burn anti-personnel mines. 144 00:17:15,220 --> 00:17:21,910 So in this case, we work on what we call step by step approach, trying first to reduce the impact on civilians. 145 00:17:22,480 --> 00:17:28,570 You have an example here, a Colombian guerrilla who said we will not volunteer an element. 146 00:17:28,580 --> 00:17:34,000 So we have started to work with them how to reduce the impact so somehow they could sign in the trees. 147 00:17:34,450 --> 00:17:38,019 So at least the population knows where they are. 148 00:17:38,020 --> 00:17:47,140 Danger is area. So it's still not good because they are still using mines, but at least the impact on the population can be a little bit. 149 00:17:50,340 --> 00:17:52,740 So this is on on the question of anti-personnel mines. 150 00:17:52,770 --> 00:17:58,139 Seven groups have signed the deed of commitment protecting children from the effects of armed conflict, 151 00:17:58,140 --> 00:18:05,490 and five group have signed the deed of commitment prohibiting sexual violence in armed conflict and gender discrimination. 152 00:18:05,790 --> 00:18:11,370 This Deed of commitment was launched only last year at the beginning of its activities. 153 00:18:11,490 --> 00:18:17,340 Geneva was named the U.N. for all of the humanitarian world. 154 00:18:17,350 --> 00:18:25,860 You know, kind of strange device flying after seven, 13 years. 155 00:18:25,860 --> 00:18:32,130 It has been recognised that this deed of commitment processes is sexist and very well respected. 156 00:18:34,750 --> 00:18:39,909 It demonstrated that through a pragmatic approach based on dialogue and persuasion, 157 00:18:39,910 --> 00:18:47,080 can be effective in increasing compliance by armed non-state actors with at least some humanitarian norms. 158 00:18:48,430 --> 00:18:53,410 And finally, the kind of collateral damage damage. 159 00:18:53,590 --> 00:18:57,220 So Geneva calls mission is exclusively humanitarian. 160 00:18:57,250 --> 00:19:06,610 It has been noted that in some cases the engagement with armed groups may invasion of our call has contributed to confidence or peacebuilding. 161 00:19:07,330 --> 00:19:20,590 I give you an example. We have worked several years with the Tuareg rebellion in Niger, and the rebellion has decided to lay down the weapon. 162 00:19:20,590 --> 00:19:24,430 But no new peace agreement was signed. 163 00:19:25,330 --> 00:19:34,360 And the problem with mine field is very important in the north of Niger and also creates problems for humanitarian assistance. 164 00:19:35,080 --> 00:19:43,719 So we decided to propose the armed forces and the for the rebels to have a workshop during 165 00:19:43,720 --> 00:19:54,670 today to discuss how the question of demining could be addressed by by the sponsors. 166 00:19:55,180 --> 00:20:00,550 So on this picture, you can see this is the first time they are all together in the same room. 167 00:20:00,640 --> 00:20:05,970 It's difficult to invite people around the table to speak about peace, which is peace. 168 00:20:05,980 --> 00:20:13,480 It's very difficult. But when you invite them to speak on something very concrete, like demining operation, for instance, it can work. 169 00:20:14,170 --> 00:20:24,700 So they spend two days together and with Geneva call, they shared maps where they had led and then mines, anti-personnel and interesting mines. 170 00:20:25,300 --> 00:20:34,700 And finally, we could convince the armed forces to train rebels who are ready to become demining. 171 00:20:34,780 --> 00:20:43,030 So now they work together on demining operation. So it's kind of confidence building activities which can lead to other negotiation. 172 00:20:45,980 --> 00:20:53,120 So as I said before, our has also increasingly responded to armed groups demands to help field their 173 00:20:53,120 --> 00:20:58,130 knowledge on and enforcement capacities in international humanitarian law. 174 00:20:58,280 --> 00:21:05,390 Many of them have highlighted a number of difficulties in the communication of note to their ranks. 175 00:21:06,230 --> 00:21:10,969 Such difficulties are not confined to dissemination of the deed of commitment alone, 176 00:21:10,970 --> 00:21:18,750 but relate to humanitarian law dissemination in general and non-state actors controlling huge territories. 177 00:21:18,770 --> 00:21:30,409 You have sometimes really like the former Sudan People's Liberation Army, the territory under the control of the BLM is as big as France. 178 00:21:30,410 --> 00:21:41,120 So it's really they can control huge territory when they have military type of command centres which may operate out of several countries. 179 00:21:42,110 --> 00:21:49,460 Report The Israeli armed groups report that it is difficult to get new policies out to their political and military leaders. 180 00:21:49,700 --> 00:21:54,020 In after discussion with Geneva call and having raised this challenge, 181 00:21:54,470 --> 00:22:00,230 some of them propose concrete solution that might help them to address and Geneva 182 00:22:00,230 --> 00:22:06,320 call has been decided to dedicate also a lot of efforts to reply to these demands. 183 00:22:08,140 --> 00:22:13,300 The first demand. They express the needs to develop simple, 184 00:22:13,750 --> 00:22:22,270 culturally appropriate educational skills that might be easily understood in local languages that would enable 185 00:22:22,270 --> 00:22:30,100 all fighters to assimilate and apply the norms they have decided to adhere or other humanitarian norms. 186 00:22:32,920 --> 00:22:36,220 So we printed very small booklets. 187 00:22:36,310 --> 00:22:41,650 All you have sometimes fighters, totally uneducated, unable to read. 188 00:22:41,650 --> 00:22:48,250 So we had to new to to find new ways to disseminate this news. 189 00:22:50,350 --> 00:22:59,380 For, that's for for you. H.A. Generico has also developed specific material for the training of armed non-state actors. 190 00:22:59,410 --> 00:23:07,990 It was a specific program funded by EKU and has conducted actual training already for several armed groups in the field. 191 00:23:08,530 --> 00:23:13,480 And this is done in complementarity with ICAC or other other groups. 192 00:23:15,470 --> 00:23:22,220 For instance, we did it with the fishes in the South Philippine. 193 00:23:22,730 --> 00:23:28,710 Some training on it and how to treat one of the combat arrows. 194 00:23:28,910 --> 00:23:36,530 And we did also in the field to train fighters with small booklets of medicine. 195 00:23:37,250 --> 00:23:40,700 And in order to overcome challenge to dissemination, 196 00:23:41,060 --> 00:23:49,790 I'm non-state actors should request training session not only for the military commanders, but also for their political union. 197 00:23:50,030 --> 00:23:58,010 We discovered it's very important to have the military wing and the political wing train all these norms. 198 00:23:59,920 --> 00:24:07,530 The sort of aspect or the sales thing the the have requested us is to commence and 199 00:24:07,540 --> 00:24:12,430 to give recommendation on the basis of their already existing codes of conduct. 200 00:24:12,640 --> 00:24:20,800 Most of these groups do they have codes of conduct, but they don't know if these codes correspond to principles of humanitarian norms. 201 00:24:21,250 --> 00:24:27,880 How can they improve their own code and how if they don't have. 202 00:24:28,030 --> 00:24:36,070 How can they start with with some rules for this is, for instance, what we did in the in the Philippines. 203 00:24:36,910 --> 00:24:46,480 They adopted what they call a generalised order number three, and they have requested us, we help them to draft this, this general order. 204 00:24:46,840 --> 00:24:53,079 And then we the requested us to train to do a training of trainers, to be sure. 205 00:24:53,080 --> 00:24:58,360 Then the commanders will be able to disseminate to the people in the field. 206 00:25:02,800 --> 00:25:12,760 So the challenge, as you can imagine, such work does not exist without facing some challenge and even sometimes serious ones. 207 00:25:13,990 --> 00:25:24,700 So the first one I would like to mention is, as we see certain states, some non-state actors are reluctant to abide by international standards. 208 00:25:24,700 --> 00:25:31,479 Either they reject action in general by ideology or they reject some specific norms. 209 00:25:31,480 --> 00:25:37,240 And in this case, as I mentioned before, we try we don't give up. 210 00:25:37,330 --> 00:25:41,020 We don't say, okay, you are not ready to, to, to improve your behaviour. 211 00:25:41,470 --> 00:25:48,430 So we try to work on a step by step approach and starting from the rules. 212 00:25:50,930 --> 00:25:57,830 For instance, here it was on the protection of children, so they had still children with them. 213 00:25:58,250 --> 00:26:10,090 So we said in case of attack, at least don't use them in the in the hostilities and build a cave or bunker so they can go there and be protected. 214 00:26:10,100 --> 00:26:19,190 So this is the kind of things which is not 100% perfect, but to please the children are trained to go there in case of attack. 215 00:26:20,450 --> 00:26:25,040 The next challenge that General has been facing is how to deal with armed 216 00:26:25,040 --> 00:26:29,960 groups that have reached common structures or have split into several factions, 217 00:26:30,410 --> 00:26:33,620 as in Syria is a concrete example now. 218 00:26:33,770 --> 00:26:38,530 It is a very complex situation because you don't have a leader with a chain of command, 219 00:26:38,540 --> 00:26:42,709 you have hundreds of different groups and so-called commanders. 220 00:26:42,710 --> 00:26:51,680 And the official leader of the Free Syrian Army, in fact, armies outside of Turkey and inside the combat. 221 00:26:51,680 --> 00:27:01,280 And we see they told us, you know, these are the combatants of the five stars hotel spending their time in in dine, in cable and in Geneva. 222 00:27:01,610 --> 00:27:08,810 So that the when you have these kind of groups with several faction, it's much more difficult to engage them. 223 00:27:09,230 --> 00:27:18,980 And in this case, we have really to to to invent totally new approach in Syria for instance to train commanders we have done this a little bit, 224 00:27:18,980 --> 00:27:27,830 but we never knew then if this under the control of the orders of this commander, you will have three fighters or 50. 225 00:27:28,340 --> 00:27:38,870 So we have decided also to start with TV spots in Syria with basic norms on humanity and a third. 226 00:27:39,050 --> 00:27:46,590 The third challenge is the lack of technical capacity for the implementation of the obligation. 227 00:27:46,910 --> 00:27:50,900 Like I said before, struck by this question, you can just imagine. 228 00:27:51,090 --> 00:28:02,520 And then external support is needed. But it's not always easy to raise the money to bring a specialised organisation to do the work. 229 00:28:03,030 --> 00:28:10,950 And in such a situation, a delay can bring in new problems like it was in Somaliland, for instance. 230 00:28:11,520 --> 00:28:20,909 I know it was in Somalia, for instance. General was trying to raise money to help an armed group to destroy 3000 3500 personnel. 231 00:28:20,910 --> 00:28:24,990 Months since no donor was fund and time went on. 232 00:28:25,380 --> 00:28:29,220 These e-payments have been stolen by some groups. 233 00:28:29,970 --> 00:28:37,320 So we have really to to find a way to raise money when it's urgent. 234 00:28:37,740 --> 00:28:46,370 But it's difficult because we have also to be cautious because this kind of support could be considered as military support. 235 00:28:46,380 --> 00:28:51,540 So this is not easy. The force challenge. 236 00:28:52,230 --> 00:28:58,230 In a few cases, Geneva has faced difficulties in getting access to armed groups for security reason, 237 00:28:58,230 --> 00:29:08,220 as you can imagine, but also for political reasons. In some situation, the government has restricted or even prohibited access to the groups. 238 00:29:09,510 --> 00:29:17,340 And at this point, I would like to mention, because it's important in Geneva calls work is always done in total transparency, 239 00:29:17,430 --> 00:29:26,040 meaning we always inform the concerned government that we will start to engage the armed groups in defensive. 240 00:29:26,760 --> 00:29:35,640 In some countries you have several. We don't explain when, where, with whom, but we say we will start to engage with this group active in you tend to. 241 00:29:38,610 --> 00:29:43,980 Finally, the fifth challenge is the war on terror. 242 00:29:44,520 --> 00:29:53,310 When listed as terrorists, some groups often become more radical and extremists and their internal hardliners are reinforced. 243 00:29:53,940 --> 00:29:59,910 This kind of radical behaviour will for sure have consequences on the war on civilians. 244 00:30:00,720 --> 00:30:05,010 But the consequences can also reach the humanitarian community. 245 00:30:05,520 --> 00:30:14,790 Some counter-terrorism measures have initiated a process of criminally criminal, like criminalisation of humanitarian workers. 246 00:30:15,270 --> 00:30:26,270 The decision of the Supreme Court in U.S. case is clearly the criminalisation of humanitarian workers and humanitarian actors. 247 00:30:26,280 --> 00:30:32,700 Actors are afraid of being sanctioned or prosecuted. Civilians are left behind without any support. 248 00:30:32,940 --> 00:30:36,690 So this is now becoming a very big challenge. 249 00:30:37,500 --> 00:30:45,510 Every colleague in Geneva I call could be arrested in the US and spend 15 years in jail. 250 00:30:46,470 --> 00:30:51,120 Just because we released child soldiers or destroyed anti-personnel mines. 251 00:30:54,340 --> 00:31:00,910 You have just here a summary of the challenge that I just just mentioned. 252 00:31:02,320 --> 00:31:07,920 So what are the the why what are the motivation of the armed groups? 253 00:31:08,020 --> 00:31:14,240 There may be different factors that influence the decision of a group to commit to humanitarian office. 254 00:31:14,260 --> 00:31:20,890 And a few years ago, Geneva conducted a research into the involvement of armed non-state actors. 255 00:31:21,490 --> 00:31:23,950 And this time it was in the landmine problem, 256 00:31:24,550 --> 00:31:32,740 both in its negative aspect for use and landmines and positive aspects of contribution to promote action. 257 00:31:33,400 --> 00:31:41,380 And the report argues for a holistic views of armed non-state actors considering both their capacity as spoilers in the conflict, 258 00:31:41,410 --> 00:31:47,920 as well as the potential to contribute to the solution of human human security problem. 259 00:31:49,090 --> 00:31:52,690 The results of this research show that, generally speaking, 260 00:31:53,170 --> 00:31:59,200 the factors influencing non-state actors openness to engagement with humanitarian norms 261 00:31:59,200 --> 00:32:06,910 can be divided into political will and willingness on one side and ability to implement. 262 00:32:08,650 --> 00:32:13,270 So the political willingness on a few points. 263 00:32:13,480 --> 00:32:16,570 First, the question of participation ownership. 264 00:32:16,660 --> 00:32:22,270 Many armed non-state actors do not recognise international treaties signed by the states. 265 00:32:22,330 --> 00:32:32,200 They are fighting sky views. They do not want to recognise the treaty signed by the Government when they are fighting against this government. 266 00:32:32,290 --> 00:32:41,619 And as with states, it will be more difficult for non-state actors to deny the legitimacy of a norm they have themselves decided to adhere to, 267 00:32:41,620 --> 00:32:44,050 since it's important to give them responsibility. 268 00:32:44,860 --> 00:32:53,920 Second point the reciprocity to correct behaviour by opponents increase their will to take on and respect them commitments. 269 00:32:54,730 --> 00:33:00,820 The third one political conflict situation and improve situation between the armed non-state 270 00:33:00,820 --> 00:33:07,450 actor and the opponent and increase the will to take on and respect humanitarian norms. 271 00:33:07,450 --> 00:33:15,219 And the opposite the deterioration of the situation or the due duration like we could read on the first slide, 272 00:33:15,220 --> 00:33:22,840 the cruelty of the rebellion of the guerrilla, Colombian guerrilla of the war can have the opposite consequence. 273 00:33:23,740 --> 00:33:33,360 The repetition, striving to actively improve, improve its internal and external reputation, humanitarian and development, 274 00:33:33,590 --> 00:33:40,209 development and consideration expected short and long term beneficial impact on civilians in 275 00:33:40,210 --> 00:33:49,000 the territory of potential incentives to take in respect commitments expected peacebuilding, 276 00:33:49,030 --> 00:33:53,970 peace gains, greater probability of dialogue, dialogue with the states. 277 00:33:53,980 --> 00:34:05,890 You could see, for instance, in Colombia, the FA has decided to give up with the hostage taking and some months ago, some months later, 278 00:34:06,820 --> 00:34:12,639 peace talks have started with the Norwegian government and with the agreement of the Colombian 279 00:34:12,640 --> 00:34:19,450 government because until now the goal in the Colombian government never agreed on the new peace talks. 280 00:34:20,170 --> 00:34:28,480 And finally, the use of violence against civilians when non-state actors use means or have aims that contradict humanitarian norms. 281 00:34:29,020 --> 00:34:36,099 We can understand that such factors can clearly be an hindrance to negotiation and reconstruction in the future. 282 00:34:36,100 --> 00:34:40,780 They understand that finally, peace will never be built on atrocities. 283 00:34:42,030 --> 00:34:49,570 And then the other factor, the ability, the three, the chain of command. 284 00:34:49,630 --> 00:34:56,020 As I said before, this is a challenge for general court, but it is also a challenge for the group. 285 00:34:57,250 --> 00:35:06,220 Secondly, the territorial control, the control of territory increase the non-state actors ability to respect or implement commitments. 286 00:35:06,910 --> 00:35:10,899 And finally, there exists the capacity in internal of capacity, 287 00:35:10,900 --> 00:35:18,430 expertise or resource increase the ability of their on a monthly basis to respect and implement compliance. 288 00:35:18,730 --> 00:35:25,240 And all the work of Geneva call understanding the motivation forces that encourage 289 00:35:25,240 --> 00:35:29,830 armed non-state actors to respect humanitarian norms as well as of the chain. 290 00:35:30,250 --> 00:35:39,810 So we did this research, but as it is important, we started to do what we call our meeting of signatories to the deed of commitment, 291 00:35:39,820 --> 00:35:44,710 you know, that states have of the states parties meeting of its wide convention. 292 00:35:45,100 --> 00:35:49,780 So we started to have our own non-state actors parties meeting. 293 00:35:50,380 --> 00:35:56,360 And the second we organised two or we did the second one took place in Geneva. 294 00:35:56,800 --> 00:36:07,180 On this picture you have 44 senior political and military representatives from 28 armed groups coming from all over the world. 295 00:36:07,540 --> 00:36:12,219 So this was in Geneva and we are lucky because in Geneva we don't have in Switzerland 296 00:36:12,220 --> 00:36:18,430 we don't have list of terrorists and the authorities allow or provide visa. 297 00:36:18,700 --> 00:36:22,569 So this representative of armed groups can come to Geneva. 298 00:36:22,570 --> 00:36:32,740 And it was it was funny because we used to meet them in the middle of the mountains or in the bush, in the military, to us dressed. 299 00:36:32,740 --> 00:36:42,040 And they were very well dressed here. So two third of them were signing up to resort to Geneva call and others were invited as observers. 300 00:36:42,550 --> 00:36:51,550 And I'm this representative from around the world met to exchange views, especially on two points. 301 00:36:51,790 --> 00:36:56,529 First, the challenge they faced in implementing the Geneva call did of commitment, 302 00:36:56,530 --> 00:37:01,360 all in trying to respect humanitarian norms and how to address them. 303 00:37:01,720 --> 00:37:06,040 Sometimes they can exchange how they have faced this challenge. 304 00:37:06,580 --> 00:37:13,930 And the second discussion of important part of the discussion where on existing norms relating 305 00:37:13,930 --> 00:37:19,540 to the protection of two groups of particularly vulnerable and specifically protected people, 306 00:37:19,870 --> 00:37:26,050 women and children. So this representative were very well prepared. 307 00:37:26,530 --> 00:37:30,850 And finally, they have worked on on recommendation. 308 00:37:31,330 --> 00:37:35,920 And I would like to underline two of these recommendations. 309 00:37:36,520 --> 00:37:44,110 They, again, clearly expressed their willingness to enhance their CAS versity to respect humanity, 310 00:37:44,110 --> 00:37:48,970 announce by receiving training and technical support by expert organisation. 311 00:37:49,000 --> 00:37:53,590 This is clearly something which is needed and always requested. 312 00:37:54,730 --> 00:38:00,610 And the second recommendation I would like to mention is generally speaking on non-state actors 313 00:38:00,610 --> 00:38:08,080 field prejudice by differential differential treatments towards states and non-state actors. 314 00:38:08,620 --> 00:38:14,590 The mechanism to enforce humanitarian norms and sometimes even in the norms themselves. 315 00:38:15,130 --> 00:38:20,290 And I will just develop a little bit this second common because it's it's interesting. 316 00:38:22,060 --> 00:38:30,700 On the differential treatment. The equality of belligerent is a fundamental underpinning of traditional humanitarian law between states. 317 00:38:31,600 --> 00:38:38,620 However, its transition to the law of non international armed conflict has not necessarily been smooth. 318 00:38:39,550 --> 00:38:48,010 This is because under international law, non-state actors do not have the same legal status or capacities as these, 319 00:38:48,520 --> 00:38:56,710 even though they are deemed to be bound by humanitarian law, regardless of whether the substance of the law applies equally. 320 00:38:56,890 --> 00:39:00,550 Disparities of status arise in many cases. 321 00:39:00,820 --> 00:39:06,010 non-State actors feel that international mechanisms or processes are biased 322 00:39:06,010 --> 00:39:11,140 as they are developed and controlled by states or interstate organisations. 323 00:39:12,010 --> 00:39:17,260 And they consider that this tool, this instrument, the Geneva Accords, 324 00:39:17,260 --> 00:39:26,410 need of commitment is important because it will the deeds of commitment belong to armed non-state actors and not to the UN. 325 00:39:26,680 --> 00:39:36,940 And they consider that under the UN system, UN non-state actors are usually only tuning into these in Geneva call experience. 326 00:39:37,300 --> 00:39:45,280 I would like to added at this point that the key to success after more than 30 years in this field, 327 00:39:45,610 --> 00:39:51,160 the key to success is in the world self appropriation or ownership. 328 00:39:51,850 --> 00:39:54,969 It is essential not to promote impulse, 329 00:39:54,970 --> 00:40:04,510 but to generate enough interest so that the armed non-state actors will take their own decision to add in respect humanitarian. 330 00:40:04,750 --> 00:40:11,980 And even if the signing ceremony takes place in Geneva sometime there is another ceremony in the field. 331 00:40:12,250 --> 00:40:17,889 So really the combatants can be part of this national kind of celebration, 332 00:40:17,890 --> 00:40:25,360 saying now we have decided to respect these norms or several norms and to respect this norms. 333 00:40:27,130 --> 00:40:35,410 In the same vein, I want to emphasise the importance of avoiding only the don't don't do it, but also to insist on the do. 334 00:40:36,190 --> 00:40:39,190 This is a key aspect for I'm non-state actors to understand. 335 00:40:39,190 --> 00:40:45,820 We are not only on the prohibition page but also waiting from them for constructive measures. 336 00:40:46,420 --> 00:40:49,110 They have to understand they have responsibilities. 337 00:40:49,120 --> 00:40:58,359 Then, in all three Geneva calls division of commitment, there is a mix of prohibition as well as positive and constructive obligation, 338 00:40:58,360 --> 00:41:07,270 and they have to provide education to that to the children in areas under their control. 339 00:41:08,470 --> 00:41:18,490 On the question of differential treatment, they have mentioned in some case on non-state actors implicates also the substantive law itself. 340 00:41:18,790 --> 00:41:28,420 For instance, they object to the differing differentiation between states and armed groups in the Optional Protocol on children and armed conflict, 341 00:41:28,930 --> 00:41:33,970 as well as objecting to is an equal standards on age and scope of prohibition. 342 00:41:35,360 --> 00:41:42,220 I wish I will show you how it can be first complex for armed groups to understand 343 00:41:43,030 --> 00:41:49,420 the law and how the norms are not the same for states or for armed groups. 344 00:41:50,140 --> 00:41:59,140 So you have here different treaties, convention only on children and the Age to be forced to take part in hostilities. 345 00:41:59,950 --> 00:42:11,830 So you can see that this is really difficult for them to understand and why, for instance, it is 16 four states that achieve in the optional protocol. 346 00:42:12,640 --> 00:42:18,550 Children can be part of armed forces already at 16, but for other armed groups in states, 347 00:42:18,680 --> 00:42:27,810 you can see how it is complex and why they have the feeling some time this is not really equal. 348 00:42:28,660 --> 00:42:32,740 This is the kind of same thing table but different. 349 00:42:35,330 --> 00:42:40,380 The and the underlying that the UN listing process forests and on violation of 350 00:42:41,270 --> 00:42:46,220 recruitment and use obligation makes due process including the right to be heard. 351 00:42:47,570 --> 00:42:54,979 For instance, you have the monitoring process in the U.N. on the use of children to the states, 352 00:42:54,980 --> 00:43:00,110 are consulted on the reports that the non-state actors, the armed groups are never consulted. 353 00:43:00,110 --> 00:43:04,430 So again, they want to express their view and to explain the situation. 354 00:43:05,150 --> 00:43:09,770 And as a final point on differential quantum of treatment of non-state actors 355 00:43:09,770 --> 00:43:15,110 expressed concern about the lack of input they have into the substance of the law. 356 00:43:15,590 --> 00:43:21,709 They request more consultation could be done through intermediaries these on non-state actors on 357 00:43:21,710 --> 00:43:27,980 the ground so that legal standards take into account the September realities of field condition. 358 00:43:28,520 --> 00:43:37,730 The international community has to accept that the concrete realities in the field faced by non-state actors need to be understood and addressed. 359 00:43:38,270 --> 00:43:45,770 I give you an example. It is said that it is not allowed to have children associated with armed groups, 360 00:43:46,250 --> 00:43:51,380 but for some or for many children, their parents have decided to be robbers. 361 00:43:51,500 --> 00:43:55,580 And this is a basic right of a child to live with his parents. 362 00:43:56,000 --> 00:44:06,320 So we live all together and they are under in the international community, they are considered as child soldiers because associated with armed groups. 363 00:44:06,980 --> 00:44:16,730 So there was an attempt in in Mindanao to release all these children associated with groups. 364 00:44:17,150 --> 00:44:27,950 And the final, when they had to finalise the resurge, would have meant that 108,000 children would have. 365 00:44:30,420 --> 00:44:37,800 Being obliged to leave their presence, which is totally crazy. So I think the international community has to understand the reality in the future. 366 00:44:37,830 --> 00:44:45,750 This is not black and white like for states, but in this case, for instance, the right of a child to with his parents is a basic right. 367 00:44:46,170 --> 00:44:51,960 But he's living everyday with people, with carrying weapons. 368 00:44:52,320 --> 00:44:58,350 And so we have to explain to these troops how they have to protect the children in case of attack, 369 00:44:58,710 --> 00:45:07,500 how this is not allowed to take them on the frontline and they don't have the right to use them of spies or bringing food to the combatants. 370 00:45:07,860 --> 00:45:14,050 But. They can see positive measures seen. 371 00:45:15,090 --> 00:45:20,580 They armed groups affirm that it is finally on the question of terrorism. 372 00:45:21,420 --> 00:45:30,130 They affirm that it is counterproductive to label amnesty fighters as terrorists organisation, prohibiting access to them and still expel them. 373 00:45:30,150 --> 00:45:35,250 At the same time to respect humanitarian and human rights engagement. 374 00:45:35,730 --> 00:45:43,710 But engagement doesn't mean impunity. Even when non-state actors don't protect or deliberately targeted civilians. 375 00:45:44,100 --> 00:45:52,630 It is without any doubt necessary to report to use also the naming and shaming process to condemn, but not only. 376 00:45:52,650 --> 00:45:59,250 It is also essential, as I said, to try to engage them for their respective humanitarian needs. 377 00:46:00,390 --> 00:46:07,920 So my conclusion is I just mentioned the question of access. 378 00:46:08,460 --> 00:46:16,740 Governments and the international community have to accept the engagement of all non-state actors will not reinforce them, 379 00:46:17,310 --> 00:46:21,480 but is a precondition to the protection of civilians. In this sense, 380 00:46:21,810 --> 00:46:28,020 concerned states have to recognise that the abstraction to access for humanitarian 381 00:46:28,020 --> 00:46:32,940 organisation is the wrong approach and will have a negative impact on civilians. 382 00:46:33,750 --> 00:46:46,200 And I would like to conclude the UN Secretary General, Ban Ki moon, who now really insists on this aspect, asking Member States not taking. 383 00:46:48,580 --> 00:46:56,220 Or adopting national legislation or measures that will prohibit access to armed groups. 384 00:46:56,260 --> 00:47:01,300 And I think what says Ban Ki moon is is clear, he say. 385 00:47:01,330 --> 00:47:07,690 He says, as you can read, while engagement with non-state armed groups will not always result in improved protection, 386 00:47:08,050 --> 00:47:15,220 the emphasis and systematic engagement will almost certainly mean more, not fewer, civilian casualties in current conflict. 387 00:47:15,610 --> 00:47:17,580 So things are moving on. 388 00:47:17,590 --> 00:47:26,550 And even last week, the Security Council insisted or said for the first time, it is important to engage armed groups on humanity. 389 00:47:29,000 --> 00:47:36,380 So in most of them, no. And finally, I would like to insist also on the importance to engage everybody. 390 00:47:36,920 --> 00:47:43,640 The listing of terrorist organisations, as I said, is a political process and must not impact humanitarian action. 391 00:47:44,060 --> 00:47:51,440 And the criminalisation of the humanitarian actors will at the end affect the civilians more than their own lives. 392 00:47:52,010 --> 00:47:58,890 And it's important to say and to see again that the war on terror should not affect their humanity in. 393 00:48:00,290 --> 00:48:04,170 In most of the discussion that Geneva Cole has had with our non-state actors, 394 00:48:04,220 --> 00:48:09,620 they have made it clear that they want to take ownership of their humanitarian obligation. 395 00:48:10,070 --> 00:48:16,520 And supporting such a request does not mean being an advocate of all non-state actors, 396 00:48:16,850 --> 00:48:24,230 but rather an advocate for those who suffer as a result of violation of international humanitarian norms. 397 00:48:25,100 --> 00:48:32,660 And certainly, like states, not all armed non-state actors will be seriously committed to respecting humanitarian law. 398 00:48:33,320 --> 00:48:38,389 But for those who are willing to consider humanitarian norms, what they are the incentive. 399 00:48:38,390 --> 00:48:45,050 Maybe we can ask our self whether we are doing our best to enable them to contract. 400 00:48:46,010 --> 00:48:53,899 And in closing, we must not lose sight of the probability that international mechanisms controlled by states will 401 00:48:53,900 --> 00:49:01,790 tend towards supporting their own interests in a world where conflicts are primarily between states. 402 00:49:02,090 --> 00:49:07,720 This did not pose a problem. However, we know that this is not the case today. 403 00:49:07,730 --> 00:49:13,040 Conflicts are internal conflicts, and we want to be able to justify the separate. 404 00:49:13,040 --> 00:49:20,119 If we want to be able to justify the separation of usable from use in value to 405 00:49:20,120 --> 00:49:25,010 the most numerous actors in today's armed conflict that are non-state actors, 406 00:49:25,370 --> 00:49:37,400 then it is our responsibility to ensure that they do not feel prejudiced either by the separation itself or by the way in which it is enforced. 407 00:49:37,700 --> 00:49:41,930 So I thank you for your information and if you have questions. 408 00:49:42,650 --> 00:49:43,510 Thank you very much.