8/25/2023 0 Comments The Duty of the State of Israel to Investigate Violations of the Law of Armed ConflictReparations: Should parties to a conflict be held responsible for breaches in IHL in international armed conflict, there is an obligation to pay compensation (AP1, Art 91). While many states have incorporated clauses in their national penal systems, providing for sanctions for grave violations of IHL, it is up to them to decide how and by whom such measures should be taken (Philippe, 2008). Grave breaches are liable to punishment and prosecution (GCI, Art 49, GCII, Art 50, GC III, Art 129, GCIV, Art 146). Penal Measures: Another method of enforcement envisaged by the Geneva Conventions and AP I is the obligation by state parties to investigate persons accused of carrying out or ordering the most serious war crimes, known as grave breaches (wilful killing, torture or inhuman treatment, biological experiments, wilfully causing great suffering, causing serious injury to body or heath, unlawful and wanton extensive destruction and appropriation of property not justified by military necessity). (UN Fact-finding missions will be discussed later in this section). The Commission has rarely been relied upon, however, probably in large part due to the requirement that inquiries can only be initiated by state parties into other state parties, rather than allowing for initiation by individuals claiming breaches of IHL (Pfanner, 2009). The ICRC today declines to act as protecting power instead of acting on its own behalf.įact-Finding Commission: Additional Protocol I introduced the International Humanitarian Fact-Finding Commission, with the role of inquiring into any allegations of serious violations of the Geneva Conventions or API (Art 90). The Geneva Conventions also provide for the ICRC to take the place of the Protecting Powers, if none are appointed, and make provision for the ICRC to visit prisoners of war and detained civilians (common Art 10) (Pfanner, 2009). This system has not been effective, however, and has rarely been implemented. Protecting Powers: The Geneva Conventions introduced the system of appointing Protecting Powers in order to ensure that protected persons are treated in accordance with the Conventions (common Art 8). Provisions under the Geneva Conventions and Additional Protocols For example, these can take the form of penal and disciplinary measures, legal advisors in the military and military sanctions, fact-finding missions, human rights bodies, and the enforcement of international criminal law through courts and tribunals. There are various methods and mechanisms that have been adopted to promote compliance with and enforcement of international humanitarian law.
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