Advanced Search

Royal Decree 1513 / 2007 Of 16 November, Which Creates And Regulates The Spanish Commission Of International Humanitarian Law.

Original Language Title: Real Decreto 1513/2007, de 16 de noviembre, por el que se crea y regula la ComisiĆ³n EspaƱola de Derecho Internacional Humanitario.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Spain has ratified the four Geneva Conventions of 12 August 1949 and its Additional Protocols of 8 June 1977, as well as other instruments of International Humanitarian Law. And it has repeatedly expressed its commitment to International Humanitarian Law and to the International Red Cross and Red Crescent Movement. The establishment of International Humanitarian Law Commissions in many countries of our European environment has meant a very positive experience for the promotion, advice and institutional coordination in this field of policy, facilitating the Member States ' compliance with their international obligations in this field, the harmonisation of internal legislation and their application at national level by the various bodies of the public authorities, while at the same time providing an invaluable instrument to promote the proper action of the State in the forums International Humanitarian Law. International Humanitarian Law. International Humanitarian Law. International Humanitarian Law. In view of the above, Spain has made a promise to establish and implement a national coordination and consultation mechanism at the 28th International Conference of the Red Cross and Red Crescent held in December 2003. on the implementation and dissemination of International Humanitarian Law. It is therefore considered appropriate to proceed to the establishment by means of this regulatory standard of the precise terms in which the said promise is fulfilled and the commitment of Spain to the instruments of law is strengthened. International Humanitarian Law, constituting the Spanish Commission on International Humanitarian Law and determining its competencies, functions, composition and organization. In its virtue, on the proposal of the Minister for Foreign Affairs and Cooperation, with the approval of the Minister of Public Administrations and after deliberation by the Council of Ministers at its meeting on 16 November 2007,

D I S P O N G O:

Article 1. Nature and membership.

1. The Spanish Commission on International Humanitarian Law is created as an advisory body to the Government in the field of International Humanitarian Law, which will also carry out coordination functions in the field of this royal decree.

The Commission will advise the Government on the rules contained in the four Geneva Conventions of 12 August 1949, its two Additional Protocols of 8 June 1977 and other instruments of International Law Humanitarian of which the Kingdom of Spain is a Party, as well as the possible ratification by Spain of new international treaties in the field and on any other measures to be taken to ensure the application and dissemination in our country of the rules of international humanitarian law, without prejudice to the powers conferred on it 2. The Commission will be organically attached to the Minister of Foreign Affairs and Cooperation. 2. The Commission will be organically attached to the Minister of Foreign Affairs and Cooperation.

Article 2. Competences.

1. The following are the powers of the Commission: (a) To promote the signature, ratification or accession of Spain to Conventions or other instruments of International Humanitarian Law.

b) To advise on the preparation of the participation and definition of the Spanish position in the International Conferences of the Red Cross and Red Crescent and its follow-up; as well as in other International Conferences related to International Humanitarian Law. c) Facilitate a permanent link with other National Commissions and the International Committee of the Red Cross. (d) Vellar for the effective implementation and respect of the norms of International Humanitarian Law, through the elaboration of proposals directed to the Government for the preparation of legislative initiatives or approval of regulations or other measures that it must be adopted in the internal legal order or in the International field. (e) To advise on the dissemination and training in International Humanitarian Law of the Armed Forces, Security Forces and Corps, public officials, humanitarian organizations, legal and medical professions, universities and centers of education, the media and society at large. (f) Report on aid programmes that can be established through Spanish international cooperation to promote the application of International Humanitarian Law in third countries. (g) To stimulate the action of the organs of the Public Administrations and other organizations and institutions for the implementation of International Humanitarian Law. To this end, establish guidelines and establish general criteria to facilitate the coordination of the organs of the General Administration of the State in the field of International Humanitarian Law. (h) Act as an advisory body in the field of International Humanitarian Law, without prejudice to the powers conferred on the Council of State and the General Counsel of the State-Directorate of the Legal Service. the State, in particular the State Advocate before the European Court of Human Rights and other competent international bodies in the field of safeguarding human rights. (i) to issue as many reports and opinions as requested in the framework of its powers, with the consideration given in the preceding paragraph. (j) To evaluate regularly the progress made in the field of competition.

2. The Commission shall exercise all other functions necessary for the fulfilment of the provisions of Article 1 of this royal decree and shall establish its rules of internal operation for those aspects which are not regulated by this royal decree.

Article 3. Composition.

1. The Spanish Commission on International Humanitarian Law will be chaired by the Minister of Foreign Affairs and Cooperation.

2. Shall be Vice-Presidents of the Commission:

(a) The Under-Secretary for Foreign Affairs and Cooperation, who shall exercise the First Vice-Presidency.

b) The Secretary General of Defense Policy, who will exercise the second Vice-Presidency. (c) The Deputy Minister of Justice, who shall exercise the third Vice-Presidency.

3. They will be vocal of the same:

(a) The Technical Secretary General of the Ministry of Foreign Affairs and Cooperation.

b) The Technical Secretary General of the Ministry of Justice. c) The Director General of the United Nations, Human Rights and Multilateral Organizations of the Ministry of Foreign Affairs and Cooperation. (d) The Director General of International Legal Cooperation of the Ministry of Justice. e) The Director General of Military Recruitment and Teaching of the Ministry of Defense. (f) a representative with a category of Director General, appointed by the holder of each of the following Ministries: Economy and Finance, Interior, Development, Education and Science, Labour and Social Affairs, Public Administration, Culture, Health and Consumer Affairs and the Environment. (g) the Advocate General of the State-Director of the Legal Service of the State, or State Advocate in which he is delegated. (h) The Head of the International Legal Counsel of the Ministry of Foreign Affairs and Cooperation. (i) The General Legal Adviser of the Ministry of Defence. (j) Ambassador to the Special Mission for Social and Humanitarian Affairs of the Ministry of Foreign Affairs and Cooperation. (k) A representative of the Secretariat of State for International Cooperation. l) Two representatives of the Spanish Red Cross. (m) Four members appointed by the autonomous communities, in turn, to be appointed by the President of the Commission, in accordance with the criteria and time limits laid down by the Commission. (n) Four experts in International Humanitarian Law to be appointed by the President of the Commission.

4. The functions of the Secretariat of the Commission shall be provided by the International Legal Counsel of the Ministry of Foreign Affairs and Cooperation. He will act as the Secretary of the Commission, with a voice but no vote, an official of the International Legal Counsel.

5. In the event of absence, sickness or any other justified cause, the members of the Commission representing the various departments of the Ministry may delegate, respectively, to the holders of posts, with an organic level of not less than a Subdirector General, belonging to the same Ministries as the vowels.

Article 4. Frequency of meetings.

The Spanish Commission on International Humanitarian Law must meet at least twice a year.

Article 5. Working Groups.

The Spanish Commission on International Humanitarian Law may constitute the working groups it deems necessary for the performance of its functions. The working groups shall act under the direction of their President or of the vowel in whom they delegate and shall be composed of the members to be determined in the agreement of the constitution. In addition, sessions of working groups may be invited as many persons as may be deemed necessary under the conditions laid down in the constitution agreement.

Article 6. Operation.

In all that is not foreseen in this royal decree, the rules that on the functioning of the collegiate organs will apply Chapter II of Title II of Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure.

Final disposition first. Operating costs.

The creation and operation of the Spanish Commission on International Humanitarian Law will not increase public spending.

Final disposition second. Enablement for development and execution.

The Minister of Foreign Affairs and Cooperation is empowered to dictate the provisions necessary for the development and implementation of the provisions of this royal decree.

Final disposition third. Entry into force.

This royal decree shall enter into force on the day following that of its publication in the "Official Gazette of the State."

Given in Madrid, 16 November 2007.

JOHN CARLOS R.

The Minister of Foreign Affairs and Cooperation, MIGUEL ANGEL MORATINOS CUYAUBE