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The Penal Responsibility And Sanctions For Violations Of International Humanitarian Law
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1.4 Significance of Study
Armed
conflicts are experienced throughout the world today and have both
direct and indirect adverse effects on their victims. IHL aims to
minimize these adverse effects and to provide certain protections.
Adherence to the international conventions is but the first step.
Respecting IHL requires that number of concrete measures be taken at the
domestic level, even in peacetime, to create a legal framework that
will ensure that national authorities, international organisations, the
armed forces and other bearers of weapons understand and respect the
rules, that the relevant practical measures are undertaken and that
violations of humanitarian law are prevented, and punished when they do
occur. Such measures are essential to ensure that the law works when
needed.
This study is significant in that it illustrates the need for
States to implement measures required for the repression of violations
of IHL as an important basis to safeguard the lives and dignity of
victims of armed conflicts. Throughout the study, selected IHL
Conventions will be analyzed and the obligations on States determined.
The study will further discuss the causes and consequences of failure to
implement and will conclude with recommendations on how to overcome
these obstacles. Recent practical examples will be utilized in the study
to demonstrate the need for an effective repressions system on the
domestic level.
1.5 Research Methodology
The
principal source of materials for this research are textbooks, journals,
law reports, pamphlets, conference proceedings (both national and
international) humanitarian groups periodic publications most especially
International Review of the Red Cross (IRRC). The central anchor of the
entire discussion will be the four Geneva Conventions and the two
additional Protocols. The analysis of the research will be based upon
authoritative expositions, propositions of respected and universally
acclaimed authors and jurists of contemporary humanitarian and legal
philosophy especially in the area of humanitarian law and jurisprudence,
judicial pronouncements of the international criminal tribunals and
where necessary international institutions where they safeguard or
enforce humanitarian principles.
1.6 Organizational structure
This
research is essentially divided into five chapters with humanitarian
principles as the common thread not only binding them but equally
establishing the parameter of coordinating the entire discourse. The
first chapter is a general introduction to the research work. It
considers a general background information on the origin, nature and
development of international humanitarian law. The chapter sets the ball
rolling by defining the objectives of the research sought to be
achieved. It equally defines in precise and crystal terms the scope of
the research. The chapter further considers the methodology the research
will adopt and the materials to be employed. It finally considers the
structure and order of presentation and of the research.
Chapter two
entails a literature review on the penal responsibility for grave
breaches of international humanitarian law, definitions by different
authors and domestic legislation on penal responsibility is also
accorded a pride of place while individual penal responsibility in
internal armed conflict will be treated towards the end of the chapter.
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