ABSTRACT
This chapter examines the practical implications of Common Article 1 of the Geneva Conventions (CA1) for third States that are not party to an armed conflict. Contemporary interpretations of CA1 have heightened expectations that third States should actively use their diplomatic influence to promote respect for international humanitarian law (IHL) by States engaged in armed conflict. How may third States navigate these significant expectations? Putting aside the debate concerning the legal status and scope of the external positive aspect of CA1, the chapter focuses on two key issues: first, the diverse range of actions available to States to promote respect for IHL, and second, implications for the coordination and resourcing of humanitarian law diplomacy work within government. The chapter argues that more effective implementation of CA1 will depend less on a how a government interprets CA1 legally, than on whether it is willing and able to dedicate more capacity to implementation. The chapter therefore proposes a multi-step process that could form a best practice model for implementing the external positive aspect of CA1. It also discusses the challenges many States are likely to face in fully operationalising such a process, given considerations regarding resources, strategic priorities and risk management. Accordingly, it would be beneficial for States and commentators to give greater consideration to effective ways of addressing such challenges, which would help strengthen the capacities of third States to promote respect for IHL.
