14 Implementation And Enforcement Of International Humanitarian Law
Silja Vöneky
From: The Handbook of International Humanitarian Law (3rd Edition)
Edited By: Dieter Fleck
- Subject(s):
- Geneva Conventions 1949 — Ius in bello — Military assistance — Reprisals — War crimes — Aut dedere aut judicare — Command responsibility
1. Implementation andenforcement in general. In every legal order there are actions or omissions that violate legal rules and obligations. This is true in regard to the international legal order and the rules of international humanitarian law as well. Such violations do not mean that the international legal order or international humanitarian law is not the law; but it does mean that there is—as in a national legal order—the need for a lawful counterreaction in order to show that the violation of a certain humanitarian rule is a violation of the law.1 However, one...
