PENAL RESPONSIBILITY AND SANCTIONS FOR VIOLATION OF INTERNATIONAL HUMANITARIAN LAW RULES: AN APPRAISAL

Abstract

As the world continues to urbanize, armed conflicts are also increasing, leading to greater violation of the rules of armed conflict with devastating effect on civilians and infrastructure. Violations of International Humanitarian Law (IHL) often referred to as war crimes, carry significant penal responsibility and sanctions. Individuals and states can be held accountable for violation of rules of IHL, with sanctions ranging from individual criminal prosecutions to state responsibility for reparations. States are obligated to suppress all violations of IHL rules set out in the four Geneva Conventions and Additional Protocols. The Conventions and their additional Protocols require States to enact criminal legislation to punish those responsible for grave breaches. The aim of this research is to analyze the penal responsibility and sanctions for violations of International Humanitarian Law. The research adopted the doctrinal method of legal research. It found that the inadequate legislation during armed conflict undermines individual protection, leading to widespread violation of human right. This research concluded that Under IHL, States are legally required to take concrete measures to ensure the effective implementation of humanitarian law, however, the ineffectiveness of sanctions for serious violations of international humanitarian law (IHL) is evident and often stems from the complex nature of armed conflict. Lastly, it is recommended that international cooperation and strengthening of international criminal courts are crucial for ensuring accountability and effective implementation of sanctions for the violation of IHL rules.