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International Humanitarian Law

REGULATION

OF THE COMMISSION ON IMPLEMENTATION OF THE INTERNATIONAL HUMANITARIAN LAW

 

I. GENERAL PROVISIONS

 

1. The present regulation shall define the terms of reference and the order of work of the Commission on implementation of the International Humanitarian Law (hereinafter referred to as the Commission).

2. The Commission shall be an advisory institution to the Minister of National Defence. Its principal task is to provide assistance in performing a function of the Ministry of National Defence in regard to co-ordination of the International Humanitarian Law implementation in Lithuania.

3. The Commission shall be comprised of a chairperson, a deputy chairperson, a secretary and members of the Commission. The Minister of National Defence shall approve the Commission's composition.

4. The Commission shall be accountable to the Minister of National Defence or his/her authorised vice-minister.

5. The Commission shall ground its activity on the Constitution of the Republic of Lithuania, international agreements, laws, the Government resolutions, regulations and the order of work of the Ministry of National Defence as well as other orders by the Minister of National Defence.

 

II. TERMS OF REFERENCE OF THE COMMISSION

 

6. In the course of implementation of its principal task the Commission shall:

6.1. carry analysis of the situation in regard to implementation of the International Humanitarian Law in Lithuania including Lithuania's participation in multilateral international agreements in regard to this Law and implementation of the provisions of these agreements, dissemination of the documents of the International Humanitarian Law, teaching the Law within military and civil training institutions and investigation of the International Humanitarian Law violations and their prevention issues;

6.2. submit proposals on the International Humanitarian Law implementation to the Minister of National Defence, vice-ministers and the Armed Forces Commander and via these officials – to other institutions that do not belong to the National Defence System, as well as co-ordinate implementation of the International Humanitarian Law within the National Defence System by submitting proposals and recommendations to other institutional heads (commanders) of the National Defence System;

6.3. initiate concluding or joining by Lithuania international agreements or arrangements that consolidate or implement the norms of the International Humanitarian Law, as well as laws on implementation of the International Humanitarian Law provisions, the Government resolutions, drafting of orders by the Minister of National Defence and the Armed Forces Commander or shall carry drafting of those on its own;

6.4. disseminate information on the International Humanitarian Law within the militaries and the public by initiating a translation of the International Humanitarian Law documents into the Lithuanian language, publication and dissemination of these documents' collections, their placing onto the Internet homepage of the Ministry of National Defence as well as development the International Humanitarian Law related training programmes;

6.5. initiate or provide assistance in arranging seminars or conferences on issues in regard to implementation of the International Humanitarian Law in Lithuania and submit recommendations to the National Defence System's institutions as to participation in the events devoted to the International Humanitarian Law;

6.6. prepare or provide assistance in preparing reports on implementation of the International Humanitarian Law in Lithuania;

6.7. subject to the procedure established by laws as well as by regulations and the order of work of the Ministry of National Defence, maintain co-operation relations with the National Defence System's and other governmental institutions (units), which, within the sphere of their competence, carry implementation of the International Humanitarian Law in Lithuania as well as with similar foreign institutions (units) and local or foreign training institutions, the International Red Cross Committee, the Lithuanian Red Cross Association and other non-governmental organisations contributing to implementation of the International Humanitarian Law in Lithuania;

6.8. subject to the procedure established by laws or other legal acts as well as the order of work of the Ministry of National Defence, provide the public with information on implementation of the International Humanitarian Law in Lithuania.

7. While performing functions delegated to the Commission, it shall have the right to:

7.1. establish working groups out of its members to analyse specific issues in regard to the implementation of the International Humanitarian Law in Lithuania;

7.2. receive information from the National Defence System's institutions as to implementation of the International Humanitarian Law in Lithuania as well as assistance provided by specialists of the said institutions following co-ordination of the issue with institutional heads;

7.3. subject to the procedure established by laws as well as by regulations and the order of work of the Ministry of National Defence, receive assistance provided by specialists of governmental institutions that do not belong to the National Defence System as well as receive from these institutions information and expert conclusions on issues in regard to implementation of the International Humanitarian Law in Lithuania;

7.4. establish its own form, make use of the premises of the Ministry of National Defence as well as working and communication equipment necessary for its activity.

 

III. ORDER OF WORK OF THE COMMISSION

 

8. The Commission's chairperson and, in case of his/her absence, a deputy chairperson shall supervise and be responsible for the Commission's activity. While heading the Commission, its chairperson may set assignments to the Commission members and its working groups.

9. The Commission secretary or any other Commission member authorised by the Commission chairperson shall arrange and take minutes of the Commission sittings. The secretary shall be also responsible for filing work and sending notices to the Commission members about its sittings and decisions.

10. The Commission may hold its sittings in its full composition or in working groups. Working groups shall be established and their terms of reference and the order of work shall be subject to the Commission decision.

11. The Commission chairperson shall convene a sitting, define its agenda and appoint the time and place. The Commission sittings shall be convened at least once in every three months.

12. The Commission decisions shall be passed by majority of votes of the participating members. In case of equal distribution of votes, the casting vote belongs to the Commission chairperson.

13. The minutes shall be kept of the Commission's decisions. The Commission chairperson and the secretary shall sign the minutes of the sitting. Within the term defined by the Commission chairperson, the minutes (or extracts) shall be presented to all members of the Commission and, if needed, to the Minister of National Defence, vice-ministers, the Secretary or a deputy secretary to the Ministry, the Armed Forces Commander or heads (commanders) of other institutions (units) of the National Defence System.

14. The Commission decisions, except those in regard to administering its inner activity, shall be of a recommending nature. Their implementation shall be subject to orders and commissioning by the Minister of National Defence and the Armed Forces Commander or, if needed, subject to ordinances or commissioning by other officials of the National Defence System.

15. Commissioning of the Commission chairperson or his/her authorised member of the Commission as well as the Commission's decisions as to the administering its inner activity shall be binding to all members of the Commission. Commissioning by heads of the Commission working groups shall be binding to working group members.

16. Upon the request from the Minister of National Defence or his/her authorised vice-minister, the Commission chairperson shall account for the Commission's activity.

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Updated on: 2009.03.24
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