Chapter

Recueil

Implementing international humanitarian law

Yves Sandoz

International dimensions of humanitarian law

Geneva : Henry Dunant Institute ; Paris : UNESCO ; Dordrecht [etc.] : M. Nijhoff, 1988

p. 259-282

English

The author outlines the legal means by which IHL is implemented, principally referencing the Geneva Conventions and their Additional Protocols. These legal measures fall under four headings: (i) means of prevention; (ii) means of control; (iii) means of repression, and; (iv) other means. Means of prevention exist prior to the outbreak of conflict and include how information about IHL is disseminated, as well as the way training is provided to those involved in conflicts. Means of control apply during a conflict, beginning with a good faith obligation to attempt to stop breaches of IHL and monitored by a system predicated on the notion of ‘Protecting Powers’ wherein parties to a conflict select third parties to safeguard their interests in hostile territory. Means of repression deal with punitive measures states take following breaches of IHL. States are responsible for prosecuting grave breaches and incorporating relevant provisions into their law. Finally, ‘other means’ deal with those that cannot be classified neatly. These include international enquiries and the special role of the ICRC. The author concludes that “persuasion based on honesty, neutrality and efficacy” is likely the essential tool of those wishing to promote IHL. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• International dimensions of humanitarian law / Institut Henry-Dunant, UNESCO