What Is a High Contracting Party

What Is a High Contracting Party

The obligation to ensure respect for international humanitarian law is not bound by obligations of reciprocity. A High Contracting Party is bound by its humanitarian obligations even if the other Party to the conflict is not bound by or in compliance with the Geneva Conventions (GCI–GCIV Common Art. 1, 2; API art. 1.1; GCI art. 63; GCII art. 62; GCIII art. 142; GCIV art. 158; API art. 99). The Geneva Conventions use this term to refer to States that are parties to the Conventions. High Contracting Parties are generally preferred to the State or Government, which could lead to problems of legal recognition in some armed conflicts, since international humanitarian law remains applicable even in situations where one or more parties to the conflict may not be represented among the States parties to the Conventions. This is the case where one of the parties represents a non-governmental entity or an authority that the other party does not recognize.

From: High Contracting Parties in a Dictionary of Law » The implementation of international humanitarian law does not affect the legal status of the parties to the conflict (GCI–IV Common Art. 3; API art. 4). Indeed, it advocates the signing of special agreements between adversaries or with aid organizations, the objective of which is to ensure that their application is not limited to the individual States parties to the Conventions. Representatives of States that have signed or ratified a treaty. From the point of view of international law, it does not matter where the treaty power is located (e.g.B. in a head of State, a senate or a representative body): this is a question which can be determined by the constitutional law of the respective Contracting State. Other nations only have the right to demand from those with whom they enter into contracts a de facto ability to bind the society they represent. The House of Lords has decided that the designation of the high contracting parties should be based on the terms of the individual contract in question. Thus, both the signatories and the parties can be considered as high contracting parties.

3. The participating High Contracting Parties reaffirm the need to respect fully the fundamental principles of international humanitarian law, according to which all parties to the conflict, including non-State actors, must at all times respect, inter alia, the obligation to distinguish between civilians and combatants, as well as between civilian objects and military targets. (2) the principle of proportionality and (3) the obligation to take all possible precautions for the protection of civilians and civilian objects. Furthermore, the participating High Contracting Parties stress that no violation of international humanitarian law by either party to the conflict can release the other party from its own obligations under international humanitarian law. Search: “High Contracting Parties” in Oxford Reference » The Convention on Certain Conventional Weapons currently has a total of 125 States Parties and 4 Signatory States. The High Contracting Parties to the Convention on Certain Conventional Weapons have organized themselves into a number of groups to facilitate their representation at CCW meetings, as well as their preparations and discussions. Membership in these groups is different from that found in other forums, despite similar names. Each group has a coordinator who can speak on behalf of the group and is responsible for organizing and chairing the meetings of that group. For more information on the depositary`s notifications, certified copies, the status of the relevant treaties, all other relevant documents and information relating to the depositary, please consult the United Nations Treaty Collection.

9. 5. The participating High Contracting Parties recall the primary obligation of the Occupying Power to provide adequate care for the population of the occupied territory and that, whenever it is unable to do so, it is obliged to authorize and facilitate assistance arrangements. In this case, they also recall that all High Parties must allow the free passage of humanitarian aid and ensure its protection. In this context, the participating High Contracting Parties reaffirm their support for the ICRC`s activities within the framework of the specific role conferred on it by the Geneva Conventions, UNRWA and other impartial humanitarian organizations to assess and mitigate the humanitarian situation on the ground. In addition, all parties to the conflict, including non-State actors as such, should make every effort to enable and facilitate the rapid and unimpeded passage of humanitarian assistance to the population of the occupied territory. The agreement is now closed for signature. Article 4, paragraph 1, provides that a State which has not signed the Convention may accede to it. In accordance with article 10, the instrument of accession shall be deposited with the Secretary-General of the United Nations, who shall be its depositary.

10. The participating High Contracting Parties reaffirm the need to find a peaceful solution to the conflict and stress that respect for and implementation of the Fourth Geneva Convention and international humanitarian law in general are essential for achieving a just and lasting peace. 8. The participating High Contracting Parties express their deep concern at the impact of the continued occupation of the Occupied Palestinian Territory […].