Beyond the Grave Breaches Regime: The Duty to Investigate Alleged Violations of International Law Governing Armed Conflicts

Abstract:     
The purpose of the present article is to critically evaluate the contemporary international law obligation to investigate military conduct in times of conflict and to identify relevant normative trends. In a nutshell, we argue that the traditional focus on the Geneva grave breaches regime in the context of military investigations is misplaced. The duty to investigate is far broader – encompassing the alleged violation of many other norms of IHL and IHRL.

Number of Pages in PDF File: 44

Keywords: grave breaches, military investigation, international human rights, independence and impartiality, commission of inquiry, command responsibility, duty to ensure respect, precautionary obligations

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