Chapter

Recueil

Responsabilidad en casos de violaciones del derecho internacional humanitario

Igor P. Blishchenko

Las dimensiones internacionales del derecho humanitario

[Paris] : UNESCO : UNESCO;Dordrecht [etc.] : M. Nijhoff, 1990

p. 275-287

Spanish

This article provides an overview of development of state and individual responsibility for breaches of IHL under both conventional and customary law. The author explains how the concept of responsibility for violations of the law and customs of war took shape after WWII as a response to the atrocities committed during the war, and examines how these responsibilities have continued to evolve since. While the author considers the significance of various international instruments as well as examples of state practice, the article pays particular attention to the 1977 Additional Protocols. The author reviews the framework for responsibility established under Additional Protocol I, which codifies penal responsibility for individuals who violate IHL and stipulates compensatory-based responsibility for states. He concludes that the general framework under the Additional Protocols, which holds subordinates liable for committing violations of IHL and holds commanders liable for failing to prevent or punish violations of IHL by their subordinates, produces “a solid system of responsibility”. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• Las dimensiones internacionales del derecho humanitario / INSTITUT HENRY-DUNANT, UNESCO ; [pref. por Alexandre Hay]