Abstract

JAIMES-AMADO, María Cecilia  and  PRIETO-SANJUAN, Rafael A. INTERNATIONAL HUMANITARIAN LAW VIOLATIONS: PREVENTION BEFORE SANCTION. Vniversitas [online]. 2012, n.124, pp.119-145. ISSN 0041-9060.

When facing a climate sensation of impunity concerning flagrant, massive and systematic violations of International Humanitarian Law (IHL), the question arises of what to do to make less burdensome the condition of the victims. Frequently, one thinks of punishing the perpetrators of these violations, when in fact the problem is much more complex. In our opinion, without prejudice to the role played by legal sanctions, is the prevention of the crime where the greatest difficulties appear to guarantee the respect for the IHL. It is precisely where our reflections point. In this regard, we intend to address the scope and content of the obligation -not simply as a duty- to prevent violations or breaches of IHL. But it will be in a second instance where we will approach the obligations of the State specifically in this area. Finally, we will address the question of the obligations regarding to the conduct of hostilities and operational law, in particular; because it is there where the legal regulations find its biggest challenge.

Keywords : International Humanitarian Law (IHL); Offenses; Breaches and/or Violations of International Humanitarian Law; Prevention; Disciplinary Law.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )