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11 - Enforcement of International Humanitarian Law

Published online by Cambridge University Press:  24 August 2023

Nicholas Tsagourias
Affiliation:
University of Sheffield
Alasdair Morrison
Affiliation:
Land Warfare Centre
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Summary

This chapter reviews the enforcement of IHL through a range of legal and non legal mechanisms. It first addresses the obligation to respect and ensure respect for IHL, protecting powers, the international humanitarian fact finding committee and the role of human rights bodies. State responsibility, state immunity and acts of state and political question doctrines are then discussed. Reparations, including state reparations, individual reparations and reparations by armed groups are then reviewed. UN immunity, UN enforcement and responsibility in peacekeeping operations, liability and reparations in peacekeeping operations and criminal responsibility in peacekeeping operations are also addressed. The use of belligerent reprisals in the enforcement of IHL and armed groups and enforcement of IHL is then discussed. In conclusion the chapter considers United Nations Action in enforcement of IHL.

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Type
Chapter
Information
International Humanitarian Law
Cases, Materials and Commentary
, pp. 330 - 400
Publisher: Cambridge University Press
Print publication year: 2023

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