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

Yearbook of International Humanitarian Law, Forthcoming

44 Pages Posted: 12 Jan 2012 Last revised: 31 Mar 2016

Amichai Cohen

Ono Academic College - Faculty of Law; Israel Democracy Institute

Yuval Shany

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology; Israel Democracy Institute

Date Written: January 5, 2012

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.

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

Suggested Citation

Cohen, Amichai and Shany, Yuval, Beyond the Grave Breaches Regime: The Duty to Investigate Alleged Violations of International Law Governing Armed Conflicts (January 5, 2012). Yearbook of International Humanitarian Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1982201 or http://dx.doi.org/10.2139/ssrn.1982201

Amichai Cohen

Ono Academic College - Faculty of Law ( email )

104 Zahal St.
Kiryat Ono, 55000
Israel

Israel Democracy Institute ( email )

4 Pinsker St.
Jerusalem
Israel

Yuval Shany (Contact Author)

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology ( email )

Mount Scopus, 91905
Israel
972 2 5882541 (Phone)
972 2 5823042 (Fax)

Israel Democracy Institute ( email )

4 Pinsker St.
Jerusalem
Israel

HOME PAGE: http://www.idi.org.il

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