Beyond the Grave Breaches Regime: The Duty to Investigate Alleged Violations of International Law Governing Armed Conflicts
Ono Academic College - Faculty of Law; Israel Democracy Institute
Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology; Israel Democracy Institute
January 5, 2012
Yearbook of International Humanitarian Law, Forthcoming
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 obligationsAccepted Paper Series
Date posted: January 12, 2012 ; Last revised: February 24, 2013
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo3 in 0.344 seconds