The contribution of the 1907 Hague Convention IV and its regulations to the penalization of breaches of the laws of war
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Israel Defense Forces law review, Vol. 3, 2007-2008, p. 168-186
Geert-Jan Alexander Knoops
Reviewing the legacy of the 1907 Hague Convention IV and its regulations, this article considers the position of these rules, as well as those of the Geneva Conventions of 1949, within contemporary international criminal law. In particular, the article intends to answer the question of whether, and to what extent, these Conventions were imbued with a penalization mechanism for enforcement of their provisions, either domestically or internationally. While examining this issue, the article assesses the prosecutorial and defense implications of this analysis, specifically for the military.