Part II The Substantive Law of Non-International Armed Conflict, 11 Judicial Enforcement

A significant addition to the traditional means of enforcing the law of non-international armed conflict is judicial enforcement. Judicial enforcement takes a number of forms, of which the most developed are criminal courts and tribunals. It has been suggested that the growth of criminal enforcement has affected resort to the other means of enforcement.1 It has even been suggested that ‘the rule of international humanitarian law depends on its enforcement through the prosecution and punishment of its offenders’.2 Even if such a strong position is not adopted,...