Abstract
Violations of international humanitarian law (IHL) are a global concern. The enforcement of IHL has traditionally focused on the State level. As States have shown an unwillingness or inability to address violations, attention has moved to the international level primarily through universal approaches such as the International Criminal Court. However, experience has demonstrated that universal approaches also have their limitations. This article argues that regional arrangements offer the possibility of strengthening the enforcement of IHL. As regional arrangements occupy a distinct space between particular local conditions and the universalising tendencies of the global system, they are well placed to handle the various concerns and considerations surrounding the enforcement of IHL.
Highlights
As regional arrangements occupy a distinct space between particular local conditions and the universalising tendencies of the global system, they are well placed to handle the various concerns and considerations surrounding the enforcement of international humanitarian law (IHL)
The creation of the International Criminal Court (ICC) is without doubt the most significant advancement to date in international efforts to ensure the effective enforcement of international humanitarian law (IHL)
Prior to the creation of the ICC, efforts for addressing violations of IHL were inconsistently pursued through national criminal justice systems, and in more recent years through the creation of internationalised tribunals created to deal with particular events
Summary
The creation of the International Criminal Court (ICC) is without doubt the most significant advancement to date in international efforts to ensure the effective enforcement of international humanitarian law (IHL). Prior to the creation of the ICC, efforts for addressing violations of IHL were inconsistently pursued through national criminal justice systems, and in more recent years through the creation of internationalised tribunals created to deal with particular events. Concerns over the negative impact regional arrangements may have upon international law and relations have been a feature of the international system since the first attempts at creating universal international institutions The nature of these concerns has not changed dramatically over time. This article strives to demonstrate that regional arrangements are not a threat to universal aspirations and that a more positive view needs to be taken of regional approaches as they provide both practical and normative benefits to the ongoing effectiveness of IHL and its enforcement
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
