Home
  English
  Arabic
  Russian
  Chinese
Help the victims of war: make a donation to the ICRC today!
section_ihl_nat_penal_repression

Section
National implementation of international humanitarian law: penal repression
International humanitarian law comprises specific provisions on the obligation of States to punish, at the national level, violations of its provisions. Depending on their classification, violations must be punished along different lines. "Grave breaches", for instance, as defined by treaty law, must be punished on the basis of universal jurisdiction.

See also: International criminal jurisdiction

Examples of national legislation on penal repression of violations of international humanitarian law are available in the IHL - National implementation database.
Key document
    31-12-2003
    Information kit: National Enforcement of International Humanitarian Law
    This information kit deals with the following issues: obligations in terms of penal repression; method of incorporating punishment into criminal law; universal jurisdiction over war crimes; time-barring; command responsibility and failure to act; criminal procedure; cooperation with extradition and judicial assistance in criminal matters.
    (Humanitarian law\National implementation\Publications\Fact sheets)
    Includes PDF

International criminal jurisdiction and municipal law
Fact Sheet
    31-10-2008
    Elements to render sanctions more effective
    Fact sheet describing some elements and modalities which could bring about a concrete improvement in the effectiveness of sanctions in the efforts by all parties to ensure greater respect for international humanitarian law.
    (Humanitarian law\National implementation\Publications\Fact sheets)
    Fact Sheet Includes PDF

    31-10-2008
    War Crimes under the Rome Statute of the International Criminal Court and their source in International Humanitarian Law
    The present comparativetable seeks to provide the war crimes over which the International Criminal Court (ICC) has jurisdiction, together with the definition of such offences as found in other sources of international humanitarian law (IHL).
    (Humanitarian law\National implementation\Publications\Fact sheets)
    Fact Sheet Includes PDF

    31-1-2003
    Penal Repression: Punishing War Crimes
    Fact sheet describing the obligations of States regarding the national implementation of the norms applicable to this particular aspect of international humanitarian law.
    (Humanitarian law\National implementation\Publications\Fact sheets)
    Fact Sheet Includes PDF

    31-1-2003
    Punishing War Crimes: International Criminal Tribunals
    Fact sheet providing a summary description of various international criminal tribunals and of the relations these tribunals have with States and the ICRC.
    (Humanitarian law\National implementation\Publications\Fact sheets)
    Fact Sheet Includes PDF

ICRC publication
    31-12-2001
    Punishing violations of international humanitarian law a the national level: a guide for common law states
    The ICRC guide Punishing violations of IHL at the national level is intended as a practical reference work for lawmakers and others in common law States who are directly involved in incorporating provisions for the punishment of violations of international humanitarian law into national legal systems. It consists of nine stand-alone chapters on issues relevant to the prosecution of grave breaches and other violations of humanitarian law, and international crimes such as genocide, torture and crimes against humanity.
    (Info resources\ICRC publications and films\Publications\Humanitarian law)
    ICRC publicationAnna Segall

International Review of the Red Cross
    31-12-2006
    Incitement in international criminal law
    The author critically analyses in this article the status of incitement in international criminal law and recommends the adoption of an approach modelled on German and Swiss domestic law and argues that instigation per se should also be regarded as an inchoate crime.
    (Info resources\International Review\2006 - No. 864)
    International Review of the Red CrossWibke Kristin Timmermann Includes PDF

    30-6-2006
    International Review of the Red Cross, 2006 - No. 862
    Theme: Truth and reconciliation commissions. Penal prosecution was seen as antagonistic to reconciliation strategies, but the “justice versus peace” problem is now seen as a simplification of the debate. Reconciliation is increasingly understood as an umbrella-term for an overall process which includes the search for truth, justice and forgiveness. This issue concentrates on the problems raised by Truth and Reconciliation Commissions and provides an overview of the ones established, their successes and their failures.
    (Humanitarian law\International criminal jurisdiction)
    International Review of the Red Cross

    31-3-2006
    Responsibility for war crimes before national courts in Croatia
    The article analyses problems with which the Republic of Croatia, as a country in transition, has to contend during war crimes proceedings.
    (Info resources\International Review\2006 - No. 861)
    International Review of the Red CrossIvo Josipoviæ Includes PDF

    International Review of the Red CrossSimon M. Meisenberg Includes PDF

    30-9-2003
    Amnesty for war crimes: Defining the limits of international recognition
    In armed conflicts where serious violations of international humanitarian law have occurred on a massive scale, there is often a need to balance the right of victims to retributive justice with the need of the territorial State to deal with past atrocities in such as manner as to not provoke further violence and to advance the process of reconciliation. This article argues that international law does not preclude domestic and international courts according recognition to certain amnesties limited to those considered "least responsible" for the commission of war crimes, when accompanied by other accountability measures and with the objective of facilitating the progression towards a lasting peace.
    (Info resources\International Review\2003 - No. 851)
    International Review of the Red CrossYasmin Naqvi Includes PDF

    31-3-2002
    Mechanisms complementing prosecution
    (Info resources\International Review\2002 - No. 845)
    International Review of the Red CrossLaura Olson

    International Review of the Red CrossThomas Graditzky

More in this section


go to top of page
© 2010  International Committee of the Red Cross
16-03-2010