A Reflection on the Legal Obligation for Third States to Ensure Respect for IHL

Abstract

The proliferation of armed conflict involving widespread violations of international humanitarian law (IHL) has created a virtually unprecedented humanitarian crisis, including levels of exodus not witnessed since the end of the Second World War. This article focuses on the promotion of compliance with and the enforcement of IHL. The capacity and influence of both international and regional actors in the promotion and enforcement of international law has evolved considerably in the half century since the adoption of the Geneva Conventions. International organisations have been recognised as important actors with a significant role to play in the preservation of international peace and order, but individual states also have a role to play and a duty to wield their influence to the degree possible to avoid violations of the fundamental principles of the laws of armed conflict. This research article examines the legal obligation of third states under the Geneva Conventions to promote compliance with IHL to ensure the protection of civilians in armed conflict.