Respect for International Humanitarian Law

States Parties to the Geneva Conventions are under the obligation to respect and to ensure respect for international humanitarian law, in all circumstances (GCI–IV Art. 1; API Arts. 1, 80.2). The fact that humanitarian law reaffirms States’ obligation to respect its provisions—though this duty exists for all treaties (Art. 26 of the Vienna Convention on the Law of Treaties)—reflects the binding nature of these texts. 

➔ International conventions

The duty to enforce this respect exists on two levels. On a national level, States must incorporate the provisions of international humanitarian law into their domestic legislation and ensure that national penal sanctions exist, in case someone commits a violation. On the international level, States must take action if another State commits a violation, because the respect for humanitarian law is crucial to maintaining the international public order that all States must defend.

This respect and accountability are not based only on mechanisms for punishing violations. Because the damage caused by such violations is irreparable, this respect must be implemented before the need for punishment arises. The enforcement of humanitarian law therefore also rests on the creation of distinct spheres of responsibility for all participants in situations of tension or conflict, whether they are States, organizations, or individuals. These may include, in particular, States Parties to the Conventions, parties to the conflict, combatants, and relief organizations. 

➔ Responsibility

Furthermore, it is important to note that all States or parties to a conflict are held accountable under humanitarian law, even if an adverse State or party violates its rules. The obligation to respect humanitarian law is not, in fact, tied to reciprocal levels of commitment (GCI–IV Common Arts. 1, 2). It remains applicable even in situations in which one or more parties to a conflict are not party to the Conventions, for instance, or in cases in which they represent non-state entities or authorities that the adversary does not recognize. 

➔ International conventions; Legal status of the parties to the conflict

Governments are still the main entities held accountable under humanitarian law, since they have the means to protect, apply, and enforce respect for it. The obligations of States in this regard can be divided into several specific duties:

• Parties to a conflict, and in general States Parties to the Geneva Conventions, must give orders and instructions to ensure that the provisions of the Conventions and Additional Protocol I are observed and must supervise their implementation.
• States undertake to incorporate the provisions of humanitarian law into their national laws, especially in matters of criminal law (GCI Art. 49, GCII Art. 50, GCIII Art. 129, and GCIV Art. 146).
• They have the duty to disseminate the norms and rules of humanitarian law as widely as possible throughout their countries and, in particular, to the members of their armed forces (GCI Art. 47; GCII Art. 48; GCIII Art. 127; GCIV Art. 144; API Arts. 83.1, 87.2; and APII Art. 19).
• They are under the obligation to establish effective penal sanctions for persons who commit or order any acts that violate humanitarian law (GCI Arts. 49, 52; GCII Arts. 50, 53; GCIII Arts. 129, 132; GCIV Arts. 146, 149; and API Art. 86.1). If such a crime is committed, States are under the obligation to search for the authors of these acts and bring them before their own courts, regardless of their nationality. They may also—if they prefer, and in accordance with the provisions of their own legislation—hand such persons over for trial to another State Party concerned, provided this party has made out a prima facie case.
• States undertake to act jointly or individually, in cooperation with the United Nations and in conformity with the UN Charter, in situations of grave violations of the Geneva Conventions or of Additional Protocol I (API Art. 89).