German Red Cross Committee on International Humanitarian Law

Mandate and Legal basis
DRK-Fachausschuss Humanitaeres Voelkerrecht
DRK-Fachausschuss_Humanitaeres_Voelkerrecht

The Expert Committee fulfills a dual function as an advisory body to the GerRC Presidency and as the German Committee on International Humanitarian Law and was established in 1973. Its legal basis is derived from §§ 13 VIII, 22 I, 22 VIII GerRC statutes.

As the German Committee on IHL, it pursues the goal of providing a platform for discussion and coordination between the German Red Cross, academia and the various departments of the Federal Government. In this context, questions on the implementation of international humanitarian law in the German legal and administrative system, the dissemination of international humanitarian law and its further development are among the substantive focal points of the Committee. In its deliberations, the Committee addresses current problems of international law, makes recommendations, participates in the drafting of conference resolutions and in the development of international agreements, and through its discussions contributes to the formulation of positions of the Federal Government on questions of international humanitarian law.

Work of the Committee

The German Committee on International Humanitarian Law continuously publishes the report on the implementation of international humanitarian law in the Federal Republic of Germany (for more on this, see below). In addition, the active role that the Committee has taken with regard to the development of the Additional Protocols to the Geneva Conventions of 1977 and their ratification by Germany is particularly noteworthy.

The problem of the use of cluster munitions and the German initiative regarding an international convention on cluster munitions were also discussed in detail by the committee. Members of the German Red Cross and the German government agreed that such a convention should also contain provisions on victim assistance. In addition, the German government took up a demand of the German Red Cross and lobbied internationally to include the problem of potentially indiscriminate effects of cluster munitions. The Convention on Cluster Munitions, which was finally adopted in 2008 and includes these two aspects, also reflects the importance of exchanges within the Committee.

In addition, the Committee has made a decisive contribution in the field of international criminal law by assisting in both the establishment of the International Criminal Court and the national implementation of international criminal law. In particular, issues relating to the Statute of the International Criminal Court, such as the elements of crime, were discussed in depth by the Committee, which was also involved in the drafting of the (German) International Criminal Code.

The expert committee consists of representatives of the federal ministries concerned with international humanitarian law, members of international law academia and staff of the relevant expert teams in the General Secretariat of the German Red Cross (see below).

Members

Members ad personam include:

Prof. Dr. Thilo Marauhn, M. Phil.
Chairman
Justus-Liebig-Universität Gießen
Professor of Public Law, International Law and European Law
Licherstr. 76 35394 Gießen
Member of the German IHL Committee since 1995

Prof. Dr. Claus Kreß, LL.M. (Cantab.)
Vice Chairman
Albertus Magnus University of Cologne
Institute for International Peace and Security Law
Chair for German and International Criminal Law
Albertus-Magnus-Platz
50923 Cologne
Member of the German IHL Committee since 2010

Dr. Dieter Weingärtner
Since November 2021 Dr. Dieter Weingärtner performs the function of Federal Convention Officer of the German Red Cross. Before his retirement, he headed the legal department of the Federal Ministry of Defense for more than 15 years, where he also dealt with issues of international law.

Prof. Dr. Robert Heinsch, LL.M.
University of Leiden
Grotius Centre for International Legal Studies
Steenschuur 25NL 2311 ES Leiden
Netherlands
Member of the German IHL Committee since 2011

Prof. Dr. Wolff Heintschel von Heinegg
European University Viadrina Frankfurt a. d. O.
Chair of Public Law, esp. International Law, European Law and Foreign Constitutional Law
Große Scharrnstr. 59
15230 Frankfurt (Oder)
Member of the German IHL Committee since 1995

Prof. Dr. Dr. Rainer Hofmann
Goethe University Frankfurt
Chair of Public Law, International and European Law
Theodor-W.-Adorno-Platz 4
60629 Frankfurt
Member of the German IHL Committee since 2018

Prof. Dr. Heike Krieger
Free University of Berlin
Department of Law; Public Law / International Law
Van't Hoff Str. 8
14195 Berlin
Member of the German IHL Committee since 2014

Prof. Dr. Stefan Oeter
University of Hamburg
Institute for International Affairs
Rothenbaumchaussee 33
20148 Hamburg
Member of the German IHL Committee since 1998

Prof. Dr. Kirsten Schmalenbach
Paris Lodron University Salzburg
Chair of International and European Law
Churfürststr. 1
5020 Salzburg
Member of the German IHL Committee since 2022

Prof. Dr. Andreas Zimmermann, LL.M. (Harvard)
University of Potsdam
Human Rights Center
Chair of Public Law, esp. European and International Law as well as European Business Law and International Business Law
August-Bebel-Str. 89
14882 Potsdam
Member of the German IHL Committee since 2001

Permanent guest members ad personam:

Prof. Dr. Michael Bothe
J. W. Goethe University Frankfurt / Main
Institute for Public Law
Grüneburgplatz 1 60323 Frankfurt / Main
Member of the German IHL Committee from 1973 to 2022

Dr. Dieter Fleck
until 2004 he was the Head of the Department for International Defense Affairs of the Federal Ministry of Defense
Honorary President of the International Defense Law Society
Member of the German IHL Committee from 1973 to 1992, 2004 to 2022

Ex officio members are the responsible members of the following ministries:

Foreign Office
Division 500
Werderscher Markt 1
10117 Berlin

Federal Ministry of Defense
Legal Department
Division I 3
P.O. Box 1328
58003 Bonn

Federal Ministry of Justice
Department IV C 3
Mohrenstrasse 37
11015 Berlin

Federal Ministry of the Interior and Home Affairs
Department V I 4
Alt-Moabit 101D

Office of the Attorney General at the Federal Court of Justice
Brauerstr. 30
76135 Karlsruhe

Aktueller Bericht

Current report

The German Committee on International Humanitarian Law / the GerRC Committee of Experts on International Humanitarian Law publishes the Report on the Implementation of International Humanitarian Law in the Federal Republic of Germany, most recently in English in October 2020. The aim of the report is to provide a - non-exhaustive - overview of relevant measures to facilitate understanding of the applicability and application of international humanitarian law in German law. The report addresses the position of IHL in the German legal system, the status and control of the Bundeswehr, as well as implementation measures, in particular for the protection of civilians, the dissemination of IHL, and its enforcement. It is aimed at both the interested professional public and the general public inside and outside Germany.

The 2020 report is based on earlier reports developed by the German Committee in the late 1990s, first published in 2002 and updated in 2004, 2006, 2010 and 2014. It is published by Nomos Verlag and can be ordered there as a printed copy or downloaded free of charge here.

Contact

German Red Cross Committee on International Humanitarian Law
c/o German Red Cross e.V. - General Secretariat
Legal Office Team
Carstennstrasse 58
12205 Berlin

Head of Legal Department
Sebastian Hofer
Phone: +49 (0) 30 85404 184
Email: s.hofer(at)drk(dot)de

Legal Officer
Jakob Nikfarjam
Telefon: +49 (0) 30 85404 368
E-Mail: hvr(at)drk(dot)de

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