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Armed groups, sanctions and the implementation of international humanitarian law

Published online by Cambridge University Press:  13 October 2008

Anne-Marie La Rosa
Affiliation:
Dr Anne-Marie La Rosa is Legal Adviser at the Advisory Service, Legal Division, ICRC. She also teaches international criminal law. Carolin Wuerzner holds a LL.M. of the Geneva Academy of International Humanitarian Law and Human Rights and is editorial assistant at the International Review of the Red Cross.
Carolin Wuerzner
Affiliation:
Dr Anne-Marie La Rosa is Legal Adviser at the Advisory Service, Legal Division, ICRC. She also teaches international criminal law. Carolin Wuerzner holds a LL.M. of the Geneva Academy of International Humanitarian Law and Human Rights and is editorial assistant at the International Review of the Red Cross.

Abstract

While it is widely accepted that punishing the perpetrators of violations of international humanitarian law is an important instrument in improving compliance with the law, little research has been done into the obligations on armed groups to impose sanctions and their possibilities for doing so. This article discusses characteristics of armed groups that influence their willingness and ability to comply with international humanitarian law and to punish those of their members who commit violations. It takes a holistic approach to these sanctions, and analyses the different methods of punishing members of armed groups, including disciplinary sanctions, penal sanctions imposed by the state and penal sanctions imposed by the group itself.

Type
Sanctions
Copyright
Copyright © International Committee of the Red Cross 2008

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