Due Diligence in International Humanitarian Law

Abstract

This chapter assesses due diligence in international humanitarian law. It identifies international humanitarian law rules governed by due diligence in the fields of the duty to ensure respect for international humanitarian law, the conduct of hostilities, the protection of civilians and persons hors de combat, and the administration of occupied territory. It is argued that international humanitarian law embodies both obligations of result (for instance, negative obligations) and obligations of diligent conduct. In order to identify the obligations of diligent conduct, the chapter relies on state practice and relevant case law, as well as on textual indications embodied in the relevant international humanitarian law provisions. Finally, the chapter argues that the inclusion of some due diligence obligations in international humanitarian law strengthens states’ implementation of this branch of international law.