10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

18.9 STATES’ OBLIGATIONS WITH RESPECT TO VIOLATIONS OF THE LAW OF WARStates have certain obligations with respect to alleged violations of the law of war withintheir jurisdiction. In some cases, these obligations to address alleged violations of particulartreaties may be understood as part of the general obligations to implement and enforce thosetreaties. In other cases, law of war treaties impose specific requirements on States with respectto alleged violations of obligations in those treaties.18.9.1 State Responsibility for Violations of the Law of War by Its Armed Forces. AState may be responsible for violations of the law of war committed by persons forming part ofits armed forces. 77 In particular, States are responsible for the treatment accorded protectedpersons under the GC by their agents. 78 State responsibility for violations of the law of warcommitted by its armed forces or other agents results from principles of State responsibility ininternational law that are not specific to the law of war. 79State responsibility for violations of the law of war results in obligations to compensateother States for violations. 8018.9.2 Breaches of the 1954 Hague Cultural Property Convention. Parties to the 1954Hague Cultural Property Convention undertake to take, within the framework of their ordinarycriminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctionsupon those persons, of whatever nationality, who commit or order to be committed a breach ofthe 1954 Hague Cultural Property Convention. 8118.9.3 Grave Breaches of the 1949 Geneva Conventions. Parties to the 1949 GenevaConventions have certain obligations relating to grave breaches of the 1949 GenevaConventions. These obligations have been interpreted as declaratory of the obligations ofbelligerents under customary international law to take measures for the punishment of war77 HAGUE IV art. 3 (“A belligerent party which violates the provisions of the said Regulations shall, if the casedemands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of itsarmed forces.”); 1928 PAN AMERICAN NEUTRALITY CONVENTION art. 27 (“A belligerent shall indemnify the damagecaused by its violation of the foregoing provisions. It shall likewise be responsible for the acts of persons who maybelong to its armed forces.”). Consider AP I art. 91 (“A Party to the conflict which violates the provisions of theConventions or of this Protocol shall, if the case demands, be liable to pay compensation. It shall be responsible forall acts committed by persons forming part of its armed forces.”).78 Refer to § 10.3.5 (State Responsibility for Its Agents’ Treatment of Protected Persons).79 See, e.g., I RESTATEMENT (THIRD) OF FOREIGN RELATIONS LAW OF THE UNITED STATES 96 (§207) (1987) (“Astate is responsible for any violation of its obligations under international law resulting from action or inaction by (a)the government of the state, (b) the government or authorities of any political subdivision of the state, or (c) anyorgan, agency, official, employee, or other agent of a government or of any political subdivision, acting within thescope of authority or under color of such authority.”).80 Refer to § 18.16 (Compensation for Violations of the Law of War).81 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 28 (“The High Contracting Parties undertake to take, withinthe framework of their ordinary criminal jurisdiction, all necessary steps to prosecute and impose penal ordisciplinary sanctions upon those persons, of whatever nationality, who commit or order to be committed a breach ofthe present Convention.”).1070

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!