On the Current Trends towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law

Abstract

This chapter examines one level of enforcement of international humanitarian law, through criminal jurisdiction: that is, through the prosecution and punishment by national or international tribunals of individuals accused of being responsible for violations of international humanitarian law. It focuses on the problems of, and prospects for, this method of enforcement. This method distinguishes itself from others in that it is concerned with individual criminal responsibility as opposed to state responsibility. Its aim is to enforce the obligations of individuals under international humanitarian law, whereas other methods concentrate on the enforcement of the obligations of states. However, it is shown that the principal problem with the enforcement of international humanitarian law through the prosecution and punishment of individuals is that the implementation of this method ultimately hinges on, and depends upon, the goodwill of states.