Between 2012 and 2015, building on Resolution 1 of the 31st International Conference, the ICRC undertook major consultation processes with States and other relevant actors on how to strengthen legal protection for victims of armed conflict in the following two tracks:
- Mechanisms for strengthening compliance with international humanitarian law (compliance)
- The protection of persons deprived of their liberty in relation to non-international armed conflict (detention)
Since the impetus for the work was drawn from Resolution 1 of the 31st Conference the way forward for these two initiatives will be determined by the resolutions to be adopted at this Conference. The process that led to the drafting of these resolutions is as follows.
Based on the consultations, the ICRC has prepared two concluding reports, one on the compliance track and one on the detention track. The concluding reports summarized the discussions in the respective consultation processes; identified the points of convergence and divergence among States; and set out the ICRC’s proposed options and recommendations for the way forward for each initiative, for consideration by the 32nd International Conference of the Red Cross and Red Crescent. Regarding the compliance track, the Concluding Report was prepared together with Switzerland as co-facilitators of the process.
Based on the reflections and recommendations as set out in the above mentioned reports, the ICRC circulated draft elements of two resolutions for the 32nd International Conference, for feedback by Members of the International Conference by 28th August 2015. On the basis of the feedback received, the ICRC prepared initial or ‘zero’ drafts of the two resolutions. Feedback on these ‘zero’ drafts was sought from members of the International Conference by 5 October 2015. It is on the basis of feedback on these zero drafts that the ICRC prepared the official drafts to be tabled for negotiation at the conference.