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General Conclusions

Published online by Cambridge University Press:  03 November 2022

Yoram Dinstein
Affiliation:
Tel-Aviv University
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Summary

Law must not be confused with liturgy. It is not enough to enact and reiterate the law: to be meaningful, norms must be adhered to in reality. The nature of LOIAC is such that Belligerent Parties tend constantly to trade mutual accusations of breaches and worse. Absent effective modalities of supervision and dispute settlement, there is no way to guarantee a thorough implementation of LOIAC in violent clashes between States. No enforcement mechanism established thus far has been crowned with signal success. There is a growing acknowledgement of the need to prosecute and punish war criminals for serious breaches of LOIAC, especially since the establishment of the ICC. Yet, it is by no means certain that war crimes trials by themselves can put an end to LOIAC infractions. Debates about forging novel mechanisms, with a view to securing a more efficacious performance of LOIAC undertakings, are not likely to fade away in the foreseeable future.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • General Conclusions
  • Yoram Dinstein, Tel-Aviv University
  • Book: The Conduct of Hostilities under the Law of International Armed Conflict
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009106191.015
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  • General Conclusions
  • Yoram Dinstein, Tel-Aviv University
  • Book: The Conduct of Hostilities under the Law of International Armed Conflict
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009106191.015
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • General Conclusions
  • Yoram Dinstein, Tel-Aviv University
  • Book: The Conduct of Hostilities under the Law of International Armed Conflict
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009106191.015
Available formats
×