A Framework for Compliance in International Humanitarian Law

This book grapples with international humanitarian law''s long-standing compliance problem. It asks why international humanitarian law is often violated, partially implemented and under-enforced; and what this reveals about its normativity: the capacity to bind and guide all the individuals and institutions to which it is directed. The book explores international humanitarian law''s existing compliance framework, inter-relating the duty to respect and ensure respect for Geneva Law in all circumstances, the obligation to disseminate IHL and include it in military instruction and training, the provision of legal advisers, command responsibility to prevent and suppress violations, and the prosecution or extradition of those suspected of involvement in grave breaches. Building on interdisciplinary accounts of atrocity crimes and compliance with IHL, the book offers a multi-level framework of IHL''s normativity: for soldiers and armed group fighters, commanders and superiors, government officials, and diplomats. This innovative study will be welcomed by academics in the field, but also by military lawyers and NGOs.>

Auteur
Elizabeth Stubbins Bates is a Visiting Researcher at the School of Law, Oxford Brookes University, UK.

Texte du rabat

This book grapples with international humanitarian law's long-standing compliance problem. It asks why international humanitarian law is often violated, partially implemented and under-enforced; and what this reveals about its normativity: the capacity to bind and guide all the individuals and institutions to which it is directed. The book explores international humanitarian law's existing compliance framework, inter-relating the duty to respect and ensure respect for Geneva Law in all circumstances, the obligation to disseminate IHL and include it in military instruction and training, the provision of legal advisers, command responsibility to prevent and suppress violations, and the prosecution or extradition of those suspected of involvement in grave breaches. Building on interdisciplinary accounts of atrocity crimes and compliance with IHL, the book offers a multi-level framework of IHL's normativity: for soldiers and armed group fighters, commanders and superiors, government officials, and diplomats. This innovative study will be welcomed by academics in the field, but also by military lawyers and NGOs.

Contenu

1. Introduction: International Humanitarian Law's Implementation and Enforcement 2. Delicate Multilateralism: Inter-State Diplomacy and International Humanitarian Law Compliance 3. Integrating International Humanitarian Law's Norms of Implementation and Enforcement 4. Building Normativity in International Humanitarian Law 5. A Multi-Level Framework for Compliance 6. Conclusion: The Normativity of International Humanitarian Law