Constitutional structure and position of IHL in domestic law

Bringing attention to Martelly's press release, Constitutional structure and position of IHL in domestic law

The Republic of Haiti is an indivisible, sovereign, independent, cooperatist, free, democratic and social republic.

It achieved independence from France on 1 January 1804.

The executive branch consists of a President, as Chief of State, and a Cabinet of Ministers, headed by the Prime Minister (head of Government).

The President is the nominal head of the armed forces and is responsible for foreign relations.

The parliament, the National Assembly (Assemblée Nationale), is bicameral and consists of the Senate (Sénat) and the Chamber of Deputies (Chambre des Députés), which are both elected.

The higher level of jurisdiction is the Court of Cassation (Cour de Cassation).

In some cases, the Senate may transform itself into a High Court of Justice (Haute Cour de Justice).

Title V of the Constitution emphasises the separation of powers (the executive, the legislative and the judiciary).

The legal system is based on Roman civil law. Treaties are negotiated and signed by the President.

They must then be approved by the National Assembly and ratified in the form of a decree (Art. 98.3, 139 and 276.1 of the Constitution).

Once ratified, treaties become part of the national legal order and abrogate all laws that are in contradiction with them (Art. 277).

The National Assembly may not approve treaties containing clauses contrary to the Constitution (Art. 276).

Haiti acceded to the four Geneva Conventions of 1949 on 11 April 1957. The National Assembly approved accession to the two Additional Protocols of 1977 on 12 March 1985, but the relevant decree could not be published in its entirety and therefore did not enter into force.

Consequently, the instruments of accession could not be sent to the depositary.