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Practitioners' Guide to Human Rights Law in Armed Conflict by Murray, Daragh (17th November 2016)

Part II, 17 Enforcement

From: Practitioners' Guide to Human Rights Law in Armed Conflict

Daragh Murray
Edited By: Elizabeth Wilmshurst, Françoise Hampson, Charles Garraway, Noam Lubell, Dapo Akande

Subject(s):
Human rights remedies — Armed conflict, international — Armed conflict, non-international — International crimes — Military matters — Armed forces

The enforcement of the law of armed conflict and international human rights law as applicable to military operations requires a number of measures to be taken. Means of enforcement include the investigation and prosecution of crimes established under either body of law, inquiries and complaints against States, reprisals, and demands for reparations. Enforcement is also improved by measures to avoid non-compliance in the first place, including through dissemination of the principles of the law of armed conflict and international human rights law, by training forces in the law, and ensuring the presence of legal advisers. This chapter focuses on investigations into suspected violations. It also addresses issues relating to reparation, prosecution before international judicial bodies, and reprisals.

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