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  • Cited by 4
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    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Zamir, Noam 2015. Distinction Matters: Rethinking the Protection of Civilian Objects in Non-International Armed Conflicts. Israel Law Review, Vol. 48, Issue. 01, p. 111.


    Bates, Elizabeth Stubbins 2014. Towards effective military training in international humanitarian law. International Review of the Red Cross, Vol. 96, Issue. 895-896, p. 795.


    Herr, Stefanie 2013. The Transnational Governance of Violence and Crime.


    Tuck, David 2011. Detention by armed groups: overcoming challenges to humanitarian action. International Review of the Red Cross, Vol. 93, Issue. 883, p. 759.


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  • Yearbook of International Humanitarian Law, Volume 10
  • December 2007, pp. 45-73

THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW: CURRENT AND INHERENT CHALLENGES

Abstract
Abstract

The implementation of international humanitarian law (IHL) is confronted with many challenges. Some of them are inherent since IHL applies to armed conflicts: a situation must be classified before IHL can be applied. Existing implementation mechanisms either do not function at all or have their limits. In certain conflicts, such as asymmetric conflicts, and with regard to certain players, such as armed groups, it is particularly difficult to obtain respect of IHL. Beyond that, there is a perhaps even more dangerous challenge in perception.

The gap between the burgeoning promises of protection by the law made by doctrine, jurisprudence and sometimes even by States, and the systematic non-respect of that law, which (in the author's view wrongly) transpires from the media and NGO reports, undermines the credibility of the law and the willingness to respect it. The author advocates ways to reduce this gap.

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Yearbook of International Humanitarian Law
  • ISSN: 1389-1359
  • EISSN: 1574-096X
  • URL: /core/journals/yearbook-of-international-humanitarian-law
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