In this advisory report the CAVV provides comments on the preliminary report entitled ‘International Humanitarian Law and the Laws of War’ by Christopher Greenwood.

Content

The preliminary report analyses developments, identifies lacunae, and suggests possible ways forward. The CAVV discusses compliance with the laws of war and the requirements of necessity and proportionality in relation to self-defence.

In the CAVV’s view, states should report on issues that are relatively less politically sensitive, such as legislation on the punishment of war criminals, the implementation of the Geneva Conventions and education in the armed forces.

It might be worth considering an alternative mechanism for the prosecution of war criminals. This would enable the International Criminal Court (or the ad hoc tribunals) to call journalists, medical staff and human rights observers to testify.

Commemoration

The Minister of Foreign Affairs requested the advisory report, to be used as Dutch input in a seminar in 1999 at the 100th anniversary of the First Hague Peace Conference.

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