![]() ![]() ![]() Actually, the place of reprisals under the IHL as means of enforcement has increasingly been interpreted differently in modern eye of humanitarian law by international criminal law. This decentralized coercive order through the primitive self-help measures shows that the international law is in statu nascendi. Consequently, some states claim that the prohibition of reprisals against civilians is not part of customary international law and there is a possibility to target enemy civilians despite the requirement of conformity in all cases to the laws of humanity and morality. ![]() However, the narrow scope of reprisals resulting from 1974-1977 Conferences has not gained support from major powers of the West. In 20th century, the need to restrict to only military target the so-called evil of wars against humanity arose and the 1949 Geneva Conventions codified important restrictions that were extended in their 1977 AP I. War Armed conflict between nations, invasion, act of foreign enemy, civil war, or taking power by organised military force.Īrmed conflict may take a variety of forms, such as a conflict of international or non-international character, which may involve two or more states, or may consist of wars of liberation, or insurgencies, civil wars.The thesis seeks to analyze the reason behind the gap between IHL and international criminal law with respect to the traditional and controversial mechanism of enforcing the laws of war: "Belligerent reprisals." Traditionally, the doctrine of belligerent reprisals was the only available and effective mechanism of enforcing the laws of war. The content of IHL is divided into two categories: International Armed Conflict (IAC) and Non- International Armed conflict (NIAC).The provisions of IHL could be useful to enhance the criminal accountability of peacekeepers.Īrmed conflict may take a variety of forms, such as a conflict of international or non- international character, which may involve two or more states, or may consist of wars of liberation, or insurgencies, civil wars, etc. Armed conflict may take a variety of forms, such as a conflict of international or non-international character, which may involve two or more states, or may consist of wars of liberation, or insurgencies, civil wars, etc. ![]()
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