Where is R2P grounded in international law? Anne-Marie Judson A ...

limited or prohibited except for reasons of imperative military necessity and then only
as an exceptional and temporary measure. 261
RESPONSIBILITIES OF THE STATE
The states are responsible for disseminating this convention as widely as possible in
their respective countries. This includes the study of the convention in military and
civil programmes, academies and education so that the entire population can
understand the convention. Any person whether civilian, military, police or other
authority in a time of war that assumes responsibility for protected persons must
possess the text of the convention and be specially instructed in its provisions. 262 Each
government must ensure they enact any legislation necessary to provide effective
penal sanctions for persons committing or ordering to be committed, any grave
breaches of this convention. They are under an obligation to search for persons
alleged to have committed or have been alleged to have ordered to be committed such
grave breaches. Regardless of their nationality, the accused will be brought before
their own courts. If the party prefers it may hand over those suspects for trial to
another party concerned provided that it could provide a prima facie case. 263
Grave breaches pertaining to this convention are acts that are committed against
protected persons including willful killing, torture, inhumane treatment, subjecting
them to biological experiments or willfully causing great suffering or serious bodily
harm, committing acts causing serious injury to health or committing unlawful
deportation or transfer or unlawfully confining a protected person. Additional
breaches include compelling protected persons to serve in the forces of a hostile power
or willfully depriving them of rights of a fair trial, taking hostages and or causing
extensive destruction to property not justified by military necessity and carried out
unlawfully and wantonly. No party will be allowed to absolve themselves or any other
party of any liability incurred in respect to breaches referred to above. 264
This Convention defines an extensive list of war crimes, it shows that war crimes are
not limited to hundreds or thousands but to individuals and small groups as well. The
261 Article 143, page 32
262 Article 144 paras 1 to 2, page 32
263 See article 145 and 146 pages 32 to 33
264 See articles 147 and 148 page 33
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