IMPLEMENTATION OF IHL ,GENERAL CONCEPT.

robertmatama2
Jun 23, 2022
3 min read

Updated: Jul 8, 2022

General principles of implementation of IHL

All states has the duty to respect IHL at all times , according to Article 1 of each Convention it is the duty of all ststes to respect and to ensure respect to the convention.After being a party to a treaty all obligations laid down in the treaty must be followed,the concept of "PACTA SUNT SERVANDA" Therefore all state has the the following duties;

Negative duty..........this is to ensure that the respective state does not violate any principle of IHL at the time of war or even at a the peace time Positive internal duty .....to implement IHL within the state by enacting laws and other principles pertaining the implementation of IHL and Positive external duty .....this is don e by pressurizing other states to comply with principles of IHL like distinction, precaution and unnecessary suffering among others.

NATIONAL IMPLEMENTATION OF IHL

States have been compelled in various ways by the ICRC and the Geneva conventions to exercise different actions for the better enforcement and implementation of IHL. The following are some of the ways that have been recognized to be done by the state towards implementation of IHL.

1.Enactment of domestic legislation and regulations to enforce IHL.

For the purpose of ensuring the IHL is respected it must become part and parcel of a respective country, this depends on the national legal system of that country...monism and dualism concept ( for more information read zanzibar year book of 2016 the article of CK kamanga ). read also the concept of "NULLA POENA SINE LEGE". The enactment of legislation is evidenced in the following articles of Geneva Conventions.

GCI..49, GCII..51 , GCIII...129, GCIV...146, and API...85.

2. Training and dissemination of IHL among the members of armed forces.

The respective country must make sure that the members of armed forces are trained in various principles of IHL the principle have to be known to the members of armed force so as to ensure respect of IHL at a time of war and peace time.

Also means and method of warfare together with the production of weapons must be mantained within the state to the sense that they must be in accordance withthe principle of IHL. Morever states should ensure the teaching of IHL at different universities and other lever of military training.

Read API...83 and 36, GCI...47,GCII...48, GCIII...127,GCIV...144.

3.To conduct investigation and prosecute on the alleged violations of IHL.

Every stste to the convention has to make an investigation on the alleged violations of the various principles respectively, it is the duty of states to prosecute and extradite the suspected perpetrators and put to an end any violations of the IHL.

Extradition is the most important principle in the implementation of IHL ,those who have been violating the principle of IHL and run away from their countries must be extradited and convicted on the alleged crimes. In this aspect the stste has to work together and to avoid hiding the perpetrators of war crimes.

API 88 and 89..... this entails a duty to cooperate between states in the prosecuting of the alleges war crimes committed by different people.

4.To employ the use of the legal advicers in the armed conflict.

API..82.

For more information read the book "HOW DOES THE LAW PROTECT IN WAR" and below documents that are very essential.

DISCLAIMER!" the above information are not enough and satisfactory to be relied upon,read more books for more understanding"

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