Deeds of Commitment

What are the Deeds of Commitment?

Launched in 2000, the Deed of Commitment is an innovative mechanism for armed groups and de facto authorities (AGDAs) through which they pledge to respect specific humanitarian norms stemming from International Humanitarian Law (IHL) and International Human Rights Law (IHRL), and to be held publicly accountable for their commitments.

Our experience has shown that AGDAs may not always even be aware of their obligations under IHL.

Through the Deed of Commitment process, AGDAs can formally express their pledge to abide by humanitarian norms and take ownership of these rules, a process from which they are generally precluded as formal adherence to international laws and conventions is typically limited to States.

The Deeds of Commitment are developed by Geneva Call on specific humanitarian thematics and in consultation with a wide array of humanitarian and legal experts.

To date, Geneva Call has developed five Deeds of Commitment:

1. Deed of Commitment for Adherence to a Total Ban on Anti-Personnel Mines and for Cooperation in Mine Action, launched in 2000;
2. Deed of Commitment for the Protection of Children from the Effects of Armed Conflict, launched in 2010;
3. Deed of Commitment for the Prohibition of Sexual Violence in Situations of Armed Conflict and towards the Elimination of Gender Discrimination, launched in 2012;
4. Deed of Commitment for the Protection of Health Care in Armed Conflict, launched in 2018;
5. Deed of Commitment for the Prevention of Starvation and Conflict-Related Food Insecurity, launched in 2021.

Who signs the Deeds of Commitment?

The Deeds of Commitment are signed by the AGDA’s political and military leadership and countersigned by Geneva Call as the witness and implementation partner.

The Deeds are also signed by the Government of the Republic and Canton of Geneva, who receives a copy and acts as a custodian of such Deeds of Commitment.

The signature of a Deed of Commitment takes place during a ceremony in the Alabama Room in Geneva’s City Hall, where the first Geneva Convention was adopted in 1864. With their signature, AGDAs commit to take the necessary measures to implement and enforce their commitment and to allow and cooperate in the verification of their compliance by Geneva Call.

What is the legal value of the Deeds of Commitment? 

The Deeds of Commitment are de jure Unilateral Declarations of the armed group and de facto authority that commits to respect the norms contained in the document.

The signature of the Deeds of Commitment does not change in any way the legal status of the armed group and de facto authority, nor does it legitimize it and does not represent an agreement between the signatories.

Once formally signed, the Deeds of Commitment are kept in the archives of the Republic and Canton of Geneva who acts as custodian of such acts. No legal obligation is created for the Republic and Canton of Geneva.

When and how is the decision to sign a Deed of Commitment taken?

Usually, the decision by an AGDA to sign a Deed of Commitment is taken after a long-term engagement with Geneva Call. In fact, the Deed cannot be modified, and it has to be accepted in its entirety by the armed group and de facto authority that is going to sign it.

Before a DoC is signed, AGDAs usually agree to review their internal Codes of Conduct and in case also issue Unilateral Declarations on specific thematic areas, which can sometimes represent a first step toward the signature of a Deed of Commitment.

Geneva Call has established clear criteria for the signature of a Deed of Commitment by an AGDA, and two of them are essential. Firstly, the AGDA needs to have a clear command chain that is capable of ensuring that the orders given reach all levels of command. Secondly, Geneva Call staff needs to have direct and unimpeded access to the territories controlled by the signatory AGDA. If any of these two criteria are not met, Geneva Call’s engagement with the groups will continue but will not result in the signature of a DoC.

What happens after the signature of a Deed of Commitment? 

The signature of a Deed of Commitment includes specific provisions allowing Geneva Call to monitor and accompany the implementation plan of such commitments.

The implementation plan outlines the measures that the AGDAs will take for each of their commitments, the support required from Geneva Call for capacity building, and a timeline for regular progress reports and revisions. Each measure is required to be done within a specific timeframe. An AGDA that is obliged to issue command orders or to undergo training, for example, must do so by an exact date.

What happens in case of violations of the Deeds of Commitment?

When we receive reports of alleged violations, Geneva Call starts a verification process through different channels and its confidential bilateral dialogue with the AGDA.

If the violation is confirmed, we will urge the AGDA to undertake an appropriate remedial measure. We would first communicate this need through a regular report shared with an AGDA’s leadership.

Only in the most serious cases would we consider suspension of dialogue with an AGDA and public reporting of its violations of these commitments, and possibly repudiate the signed Deed of Commitment.

This type of scenario has never occurred, but it could happen if: an AGDA consistently refuses to address its own serious violations of the commitments that it has made; these violations continue; and all other avenues for trying to address the violations have been exhausted.

Here is a list of signatories of our Deeds of Commitment