Chapter

Enforcement of international humanitarian law

Gentian Zyberi

Human rights institutions, tribunals and courts : legacy and promise

[cham] : Springer, 2018

25 p.

English

Bibliographie : p. 18-25. - Photocopies

This chapter provides a critical assessment of the enforcement system of international humanitarian law (IHL). This chapter focuses on IHL enforcement at the three levels. At the domestic level, the chapter starts from the obligations imposed on States under the Geneva Conventions and their two Additional Protocols. At the regional level, the chapter addresses the enforcement of IHL through the regional human rights systems. At the international level, the chapter analyzes the enforcement of IHL by discussing briefly the mechanisms included under IHL treaties, including Protecting Powers, the ad hoc and the standing International Fact-Finding Commission, and the ICRC. The focus then shifts on the main UN organs, including the Security Council, the General Assembly, its subsidiary bodies, and the International Court of Justice. Another type of enforcement mechanisms addressed here includes international criminal courts and tribunals. Finally, the chapter addresses the role of non-State actors, focusing on non-State armed groups and non-governmental organizations.

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