5cjxburmr

een established, the parties to the conflict “shall put an end to it and shall repress it with theleast possible delay.” 14818.14.1.1 AP I – International Humanitarian Fact-Finding Commission (IHFFC).AP I provides for the establishment of an international fact-finding commission. 149 Thiscommission is competent: (1) to inquire into any facts alleged to be a grave breach as defined inthe 1949 Geneva Conventions and AP I or other serious violation of the 1949 GenevaConventions or of AP I; and (2) to facilitate, through its good offices, the restoration of anattitude of respect for the Conventions and AP I. 150The commission operates on the basis of mutual consent. Any party to a conflict may askthe commission to conduct an inquiry; but, unless the States involved previously declared thatthey recognize ipso facto and without special agreement, in relation to any other Party to AP Iaccepting the same obligation, the competence of the Commission, the Commission will onlyinvestigate with the consent of the States involved. 151Although the IHFFC was officially constituted in 1991, it has not been used in its firsttwo decades. 152The United States has not ratified AP I, and has not recognized the competence of theIHFFC.18.15 PROTECTING POWER AND OTHER NEUTRAL INTERMEDIARIESThe Protecting Power is an organ for the implementation of the 1949 GenevaConventions and the 1954 Hague Cultural Property Convention.148 GWS art. 52 (“Once the violation has been established, the Parties to the conflict shall put an end to it and shallrepress it with the least possible delay.”); GWS-SEA art. 53 (same); GPW art. 132 (same); GC art. 149 (same).149 AP I art. 90 (“An International Fact-Finding Commission 443 (hereinafter referred to as ‘the Commission’)consisting of fifteen members of high moral standing and acknowledged impartiality shall be established.”).150 AP I art. 90(2)(c)(i-ii) (“The Commission shall be competent to: (i) Enquire into any facts alleged to be a gravebreach as defined in the Conventions and this Protocol or other serious violation of the Conventions or of thisProtocol; (ii) Facilitate, through its good offices, the restoration of an attitude of respect for the Conventions and thisProtocol.”).151 AP I art. 90(2) (“(a) The High Contracting Parties may at the time of signing, ratifying or acceding to theProtocol, or at any other subsequent time, declare that they recognize ipso facto and without special agreement, inrelation to any other High Contracting Party accepting the same obligation, the competence of the Commission toinquire into allegations by such other Party, as authorized by this Article; … (d) In other situations, the Commissionshall institute an inquiry at the request of a Party to the conflict only with the consent of the other Party or Partiesconcerned;”).152 Charles Garraway, Fact-Finding and the International Humanitarian Fact-Finding Commission, in MORTENBERGSMO, QUALITY CONTROL IN FACT-FINDING 443 (Nov. 16, 2013) (“It is regrettable that in the two decades thatthe Commission has been established, it has never been called into action. In the early days, little was known of theCommission, but in recent years, a series of promotional activities have been undertaken to raise consciousnessamongst States. In the view of the Commission, it has an important role to play in the modern world and is anxiousto fulfil this.”).1085