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
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
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