Denmark
1. Constitutional structure and position of IHL in domestic law
Denmark is a constitutional monarchy and has a unicameral parliamentary system. The Parliament (Folketing) includes representatives from the Faeroe Islands and Greenland. Executive power rests with the Queen but is exercised through the Cabinet of Ministers.
International treaties are negotiated by the executive, but the Folketing’s approval is required for the ratification of treaties that demand legislative changes or which are otherwise of major importance. As a rule, international treaties are not directly applicable in the domestic legal order; a legislative act is required for their incorporation into domestic law. It is otherwise generally agreed that Danish laws, to the extent possible, should be interpreted so as to comply with international obligations.
The armed forces are under the responsibility of the Government, but the Constitution provides that, except for purposes of defence against an armed attack on Danish territory or against Danish forces stationed abroad, the Government may not use military force against any foreign State without the consent of the Folketing.
Denmark ratified the four Geneva Conventions of 1949 on 27 June 1951. Both Additional Protocols of 1977 were ratified on 17 June 1982, and on the same day, Denmark accepted the competence of the International Fact-Finding Commission under Article 90 of Protocol I.
2. Implementing institution
The Governmental Red Cross Committee was established in July 1982. It comprises representatives of the Ministries of Foreign Affairs, Justice, Defence, Home Affairs and Health, the armed forces, the civil defence authorities and the Danish Red Cross. The Committee’s mandate includes studying administrative measures for the national implementation of humanitarian law treaties, particularly as concerns the dissemination and teaching of the law, coordinating the implementation of those measures and advising the authorities on the interpretation and application of the law.
3. Legal advisers
A special joint military legal advisory service was established in February 1997. When Denmark ratified Additional Protocol I, responsibility for providing the armed forces with legal advice was entrusted to the Judge Advocate General's Corps. Full-time military legal advisers now serve with the major commands. In addition, a number of civilian lawyers, serving mainly as civil servants within the Ministry of Defence, and reserve officers have been designated as military legal advisers.
4. Bibliography
M. H. BUKH, "Prosecution Before Danish Courts of Foreigners Suspected of Serious Violations of Human Rights or Humanitarian Law", European Review of Public Law, Vol. 6, No. 2, Winter 1994, pp. 339-352.
Danish Red Cross, "Implementation of International Humanitarian Law in Denmark", International Review of the Red Cross, No. 320, October 1997, pp. 583-590.
