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08May12 - QAT

Prime Minister Decree No (27) for the year 2012 on the Establishment of the National Commission for International Humanitarian law

The Council of Ministers,

Having reviewed the Constitution;

The Emir Decision No (29) of 1996 on the Council of Ministers' decrees brought before the Prince for ratification and promulgation;

The Emir Decision No (33) of 2009 regarding the organizational structure of the Ministry of Justice;

Decree No (34) of 1988 regarding the endorsement of the State of Qatar's accession to Protocol I Additional to the Geneva Conventions and relating to the protection of Victims of International Armed Conflicts, of 1977;

The proceedings of the twenty-fifth International Conference of the Red Cross and Red Crescent convened in the city of Geneva in 1986, particularly Resolution No 5;

The Cairo Declaration issued by the Arab Regional Conference of 1999;

The UN General Assembly Resolution A/RES/61/30 on the Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts;

Council of Minister Resolution No (9) of 1993 regarding the organization of the action of joint and specialized committees and resolutions amending it and;

Upon the proposal of the Minister of Justice

Decided the following:

Article One

A National Commission for International Humanitarian Law shall be established within the Ministry of Justice, under the presidency of the Deputy Minister of Justice, and shall include the membership of a representative from the following bodies:

    1- Ministry of Defense
    2- Ministry of Interior
    3- Ministry of Foreign Affairs
    4- Ministry of Justice
    5- Ministry of Labor
    6- The Higher Council for Education
    7- The Higher Council for Health
    8- A member from the Shura (Consultative) Council
    9- University of Qatar
    10- The Qatari Institution for Combating Trafficking in Persons
    11 - The Qatari Red Crescent Society.

Each of the aforementioned bodies shall nominate a representative to the National Commission membership. Members of the National Commission shall be designated by virtue of a decision of the Minister of Justice.

The National Commission shall select a vice president from its members. The vice president shall act in place of the president upon his absence or upon the vacancy of his office.

Article Two

The tenure of the National Commission shall be three years, renewable for one or several terms.

Article Three

The National Commission shall aim at corroborating principles of international humanitarian law, shall strive to achieve the objectives of international conventions and instruments thereof, promote international cooperation in this regard, raise awareness regarding IHL principles at the national level and ensure their respect. In order to fulfill these objectives, the National Commission may:

    1- Foster cooperation and exchange of information and expertise with regional and international commissions, federations, associations and organizations concerned with IHL;
    2- Propose the signature of, accession to, or ratification of international conventions and treaties relevant to IHL;
    3- Propose agreements or protocols with counterpart commissions and bodies;
    4- Submit proposals for adaptation of legislation in force within the State with IHL rules;
    5- Provide advisory opinions to the concerned authorities on matters relevant to IHL;
    6- Submit proposals and studies necessary for the implementation of IHL rules at the national level;
    7- Propose an annual plan for the dissemination of IHL culture, in coordination with competent authorities;
    8- Develop plans and training programs, organize seminars and meetings, publish newsletters and periodicals to disseminate, implement and raise awareness of IHL;
    9- Collect data and statistics related to State contribution in the domain of IHL; and
    10- Perform any other tasks assigned by the Council of Ministers.

Article Four

The National Commission shall have a reporter, assisted by personnel from the Conventions and International Cooperation Department of the Ministry of Justice. Such personnel shall be seconded and remunerated pursuant to a Minister of Justice decision. The Reporter shall fulfill the following tasks:

    1- Prepare the draft agenda of the Commission, arrange for its meetings, and register the minutes of meetings;
    2- Contact relevant authorities to present documents or data required by the Commission;
    3- Follow-up the implementation of resolutions and recommendations of the Commission;
    4- Develop studies and research necessary for Commission activities;
    5- Translate documents relevant to Commission work;
    6- Compile legislation, data and information relevant to IHL and;
    7- Carry out any other tasks assigned by the Commission.

Article Five

The Commission shall convene at least once every three months upon an invitation from the President, and whenever necessary. Meetings shall be held at times other than official working hours, and may be held whenever necessary during official working hours.

Commission meetings shall only be valid if the necessary quorum is complete with the presence of the majority of members, provided the President or his Deputy is among those present. Recommendations shall be made by majority vote of members present; in case of a tie, the side with which the President voted shall be more preponderant.

The Commission shall establish a system for its work, including the necessary rules for the exercise of its competence.

Article Six

The Commission may establish, from its members or other professionals in the field of its competences, sub-commissions, or it may designate any of its members to study one of the subjects within its terms of reference. The Commission may seek assistance from staff of ministries and other government bodies, or any other competent and experienced persons to provide requested advice, data, or clarifications. The latter persons shall not be entitled to vote.

Article 7

The Commission shall report the outcome of its activities to the Council of Ministers annually or whenever required to do so, including its recommendations and suggestions.

Article 8

All competent authorities shall, each in its own respective domain, implement this decree, which shall enter into force as of the date of its issuance, and shall be published in the Official Gazette.

Hamad Bin Jassem Bin Jaber Al Thani
Prime Minister

Approved and proclaimed by

Hamad Bin Khalifa Al Thani
Prince of the State of Qatar

Issued by the Emir's Office on 17/06/1433 AH,
corresponding to 08/05/2012

[Source: International Committee of the Red Cross]

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This document has been published on 05Jul17 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.