IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN PEACE TIMES:CHALLENGES AND PROCEDURES.

Being a Seminar Paper

Presented to the 2012/2013 LL.M Class,

Faculty of Law,

Obafemi Awolowo University,

Ile-Ife.

By

AJIBADE, Oladapo Oladele

To:

Dr.O.S.Oyelade

LECTURER IN CHARGE

Department of International Law

Faculty of Law

Obafemi Awolowo University

Ile-Ife.

March, 2014.

ABSTRACT

‘the main cause of suffering during armed conflicts and of violations of IHL remainsthe failure to implement existing norms – whether owing to an absence of political willor for another reason –rather than a lack of rules or their inadequacy’. 1 In the heat ofbattle, when the wagers of war and their victims are prey to mistrust and hostility,compliance with the rules does not come easily.

The implementation and enforcement of international law in general and IHL inparticular is problematic. The international legal system is based on the notion of thesovereign equality of States, and, generally speaking, no State may interfere in theinternal affairs of another sovereign State. This means that enforcement ofinternational law is decentralised – there is no central authority for enforcement, in thesame way that domestic legal systems have police forces, courts, and governments. Thisis especially complex in regard to IHL. With a few exceptions, implementation andenforcement of IHL is often voluntary, and there are no compulsory means for thesettlement of disputes or for ensuring enforcement of IHL. While duties are imposedunder IHL, there are few sanctions that can be imposed on a State that fails to abide bythose duties.2

Despite the seemingly bleak prospects for adherence to the principles of IHL, States doattempt to fulfil their obligations under IHL. This is done by means of measuresundertaken both in times of peace and war

1 International humanitarian law and the challenges of contemporary armed conflicts, Documentpreparedby the International Committee of the Red Cross for the 30th International Conference of the RedCrossand Red Crescent, Geneva, Switzerland, 26–30 November 2007, International Review of the RedCross,Vol. 89, No. 867, September 2007, p. 721.

2 http://www.legalanswers.sl.nsw.gov.au/guides/hot_topics/intnl_humanitarian_law/enforcement_ihl.html. Accessed on 25/01/14

This paper considers how ihl is implemented during peace times and further x-ray thechallenges and procedures of its implementations.

INTRODUCTION

International humanitarian law (IHL), or the law of armed

conflict, is the law that regulates the conduct of armed

conflicts (jus in bello). It is that branch of international law

which seeks to limit the effects of armed conflict by protecting

persons who are not or no longer participating in hostilities,

and by restricting and regulating the means and methods of

warfare available to combatants. IHL is inspired by

considerations of humanity and the mitigation of human suffering.

"It comprises a set of rules, established by treaty or custom,

that seeks to protect persons and property/objects that are (or

may be) affected by armed conflict and limits the rights of

parties to a conflict to use methods and means of warfare of

their choice".3 International humanitarian law includes "the3? GSDRC (2013). International legal frameworks for humanitarian action: Topicguide. Birmingham, UK: GSDRC, University of Birmingham. http://www.gsdrc.org/go/topic-guides/ilfha

Geneva Conventions and the Hague Conventions, as well as

subsequent treaties, case law, and customary international law".

It defines the conduct and responsibilities of belligerent

nations, neutral nations and individuals engaged in warfare, in

relation to each other and to protected persons, usually meaning

civilians.4

IMPLEMENTATION OF IHL

Implementation generally means observance of a body of law or its

enforcement in case of violations.5 In an international system

that lacks an over- reaching central authority, implementation is

4 GSDRC (2013). International legal frameworks for humanitarian action: Topic guide. Birmingham, UK: GSDRC, University of Birmingham. http://www.gsdrc.org/go/topic-guides/ilfha

5 International Humanitarian Law: Origin, Chalenges and prospects Voll 2 Accessed on http://books.google.com.ng/books?id=RvAYn7ufhEkC&pg=PA163&lpg=PA163&dq=challenges+of+implementation+of+ihl+in+peace+times&source=bl&ots=BmJEdJPnpy&sig=S0MAFLwhDGnnAo5qAIYJ2A7Dt3w&hl=en&sa=X&ei=nPNbUrroPOz40gWY54HQDw&ved=0CH0Q6AEwCA#v=onepage&q=challenges%20of%20implementation%20of%20ihl%20in%20peace%20times&f=false on 18th November 2013.

largely reserved for its main actors, state governments. Other

entities working at the international level, perhaps with the

exception of the United Nations, have only limited authority to

affect the process. Thus, they are restricted solely to

activities aimed at encouraging, assisting or inducing state

governments to comply with their legal obligations. In addition,

international bodies assist in developing standards of state

responsibility and promoting a general atmosphere of

accountability in the international arena.6 Implementation can

however be carried out in time of war and during peace times. For

the purpose of this paper, we shall be examining the

implementation of IHL in times of peace.

IMPLEMENTATION OF IHL IN PEACE TIMES

6 See D.P. Verma, Role of distinct bodies in promoting respect for international humanitarian law with particular attention to the independent commission on International Humanitarian Issues in Implementation of International Humanitarian Law 411(Frits Kalshoven& Yves Sandos eds, 1989)

Peace times are periods without war or violence.7 It is essential

that the bulk of IHL implementation be conducted during a time of

peace. The nature of human warfare usually creates situations

wherein an individual suddenly finds himself with unrestricted

power over the lives of other human beings. Unfortunately, the

temptation to abuse this power can be difficult to resist. And,

as it has been tragically proven on numerous occasions, it is

usually too late to talk about humanitarian norms at that time.8

Peacetime implementation can take the forms of legislative

actions, government and Court decisions, planning, training of

military personnel, or the development of wide reaching

educational systems. Promotional activities, such as

dissemination of information or advancing new international

standards contribute to the atmosphere of state accountability

and thus further the observance of I.H.L.9

7 http://www.thefreedictionary.com/peacetime. Accessed on 17/10/13

8 Jean- Jacques Suberk, Dissemination of International Humanitarian Law, 33 AM.UL.REV.125(1983).

9 B.G Ramcharan, The Role of International Bodies in implementation and Enforcement of Humanitarian Law and Human Rights Law in Non – International Armed conflicts, 33 AM.UL.REV 99,115

African states are under an international legal obligation to

disseminate and incorporate IHL into their domestic legislation.

In particular, Common Articles 49, 50, 129 and 146 of the four

Geneva Conventions state that:

“The High Contracting Parties undertake to enact any legislation

necessary to provide effective penal sanctions for persons committing, or

ordering to be committed, any of the grave breaches of the present

Convention…”10

Thus the IHL system is based on three key obligations, namely:

1) to enact relevant domestic legislation;

2) to pursue alleged violators of IHL; and

3) to prosecute such suspects.

Compliance with these norms can only be anticipated if civilians,

members of armed forces and authorities are familiar with its

contents. In accordance with Article 47 of the 1949 Geneva

Convention I, Article 48 of the 1949 Geneva Convention II,

10 GCs Art. 49, 50, 129, 146.

Article 127 of the 1949 Geneva Convention III and Article 144 of

the 1949 Geneva Convention IV:

“The High Contracting Parties undertake, in time of peace as in time of

war, to disseminate the text of the present Convention as widely as

possible in their respective countries and, in particular, to include the

study thereof [if possible] in their programmes of … civilian instruction, so

that the principles thereof may become known to the entire

population"11(Emphasis mine)

Thus, there are military and civilian channels for making IHL

known. In practice, some African states have produced training

manuals for the military, and set up IHL committees which advise

the government in discharging its international obligations,

though resource constraints have meant that IHL receives less

priority. However, IHL is still relatively unknown in Africa -

although recently a number of African universities have included

IHL in their curriculums.12

11 GCs: Art. 47, 48, 127, 14, see also AP I: Art. 83, 87(2); AP II: Art. 19. See Also ICRC, “Practice Relating to Rule 143. Dissemination of International Humanitarian Law among the Civilian Population” <http://www.icrc.org/customary-ihl/eng/docs/v2_rul_rule143>

12 See 1CRC ( 2012), “IHL in Africa: from rules to action” http://www.icrc.org/eng/resources/documents/feature/2012/09-17-south-africa-

PROCEDURES FOR IMPLEMENTATION OF IHL IN PEACE TIMES

The implementation of international humanitarian law during peace

times are conducted via the following routes:

a. DISSEMINATION OF INTERNATIONAL HUMANITARIAN LAW

IHL is disseminated through a number of ways. States have

obligation to disseminate it through a number of mediums.

This include:

i. Dissemination/ Instruction to the Military& Para-

Military

 States must ensure that instruction is given to the armed forces

on matters of IHL. This includes the creation of military manuals

which outline the laws of armed conflict applicable to that

State; integration of IHL into the rules of engagement; and the

provision of regular training in IHL for the armed forces.

Instruction in IHL should also be provided for the police forces

of a State.

ihl-national-implementation.htm

AP I, Article 87(2) provides that,

“In order to prevent and suppress breaches, High Contracting

Parties and Parties to the conflict shall require that,

commensurate with their level of responsibility, commanders

ensure that members of the armed forces under their command are

aware of their obligations under the Conventions and this

Protocol.”

Any military or civilian authorities who, in time of armed

conflict, assume responsibilities in respect of the application

of the Conventions and must be fully acquainted with the texts.13

ii. Among The Civilian Population

Rule 143 of the ICRC provides that States must encourage the

teaching of international humanitarian law to the civilian

population.

State practice establishes this rule as a norm of customary

international law. The practice collected does not indicate that

any distinction is made between teaching international

13 Rikke Ishøy (2004) Handbook on the Practical Use of International Humanitarian Law, Danish Red Cross Blegdamvsvej 47

humanitarian law applicable in international armed conflicts and

that applicable in non-international armed conflicts.

The 1906 and 1929 Geneva Conventions required States to take the

steps necessary to make the conventions known to the population

at large.14 The 1949 Geneva Conventions and the Hague Convention

for the Protection of Cultural Property require States to include

the study of international humanitarian law in their programmes

of civilian training “if possible”.15 The qualifier “if possible”

was not included to make civilian instruction optional but was

added to take into account the possibility in federal countries

that the central government has no authority in educational

matters.16

Additional Protocol I requires States to disseminate

international humanitarian law as widely as possible and, in

14 1906 Geneva Convention for the Protection of the Wounded and Sick, Article 26 (cited in Vol. II, Ch. 40, § 611); 1929 Geneva Convention for the Protection of the Wounded and Sick, Article 27 (ibid., § 612).

15 First Geneva Convention, Article 47 (ibid., § 613); Second Geneva Convention, Article 48 (ibid., § 613); Third Geneva Convention, Article 127 (ibid., § 613); Fourth Geneva Convention, Article 144 (ibid., § 613); Hague Convention for the Protection of Cultural Property, Article 25 (ibid., § 614).

16 See United Kingdom, Military Manual (ibid., § 636); Jean. S. Pictet (ed.), Commentary on the First Geneva Convention (ibid., § 708).

particular, to “encourage the study thereof by the civilian

population”.17

States’ obligation to encourage the study of international

humanitarian law by the civilian population or to disseminate

international humanitarian law as widely as possible so that it

becomes known to the civilian population is stated in many

military manuals. 18 In addition, the legislation of several

States provides that the civilian population must receive

instruction in international humanitarian law or includes

provisions that directly aim to fulfil this requirement by

introducing such training programmes.19

In practice, many States facilitate courses in international

humanitarian law, often through the provision of funds to

organizations such as the National Red Cross or Red Crescent

Society. According to the Statutes of the International Red Cross

17 Additional Protocol I, Article 83 (adopted by consensus) (ibid., § 615)

18 See, e.g., the military manuals of Australia , Belgium , Canada , Cameroon , Colombia , Germany , Hungary , New Zealand , Nigeria , Sweden , Spain , Tajikistan and United States.

19 See, e.g., the legislation of Azerbaijan (ibid., § 639), Croatia (ibid., § 640), Peru (ibid., § 641), Russian Federation (ibid., §§ 642–643) and Slovakia(ibid., § 645).

and Red Crescent Movement, National Societies “disseminate and

assist their governments in disseminating international

humanitarian law; they take initiatives in this respect”.20 In

addition, more than 60 States have created national committees on

international humanitarian law whose tasks usually include

dissemination and promotion.21 An increasing number of

institutions of higher education have started to offer courses in

international humanitarian law in recent years.22

In addition, the UN Security Council, UN General Assembly and UN

Commission on Human Rights, as well as the Council of Europe and

the Organization of African Unity, have called on or invited

States to disseminate international humanitarian law or to

promote the teaching thereof to the civilian population.23 20 Statutes of the International Red Cross and Red Crescent Movement, Article 3(2) (ibid., § 617).

21 ICRC, Advisory Service, Table of National Committees on International Humanitarian Law, 30 June 2002.

22 See, e.g., the reported practice of Algeria (ibid., § 647), Argentina (ibid., § 650), Belgium (ibid., § 656), Democratic Republic of the Congo (ibid., § 660), Cuba (ibid., § 662), Egypt (ibid., § 663), India (ibid., § 669), Indonesia (ibid., § 671), Iraq (ibid., § 672), Kuwait (ibid., § 674), Malaysia (ibid., § 675), Peru (ibid., § 680) and Uruguay (ibid., § 683).

23 See, e.g., UN Security Council, Res. 1265 (ibid., § 688); UN General Assembly, Res. 3032 (XXVII) (ibid., § 689) and Res. 3102 (XXVIII) (ibid., § 690); UN Commission on Human Rights, Res. 1995/73 (ibid., § 497); Council of

The International Conference of the Red Cross and Red Crescent

has adopted several resolutions by consensus requiring States to

encourage the teaching of international humanitarian law to the

civilian population.24 Similarly, the International Conference

for the Protection of War Victims in 1993 urged all States to

“disseminate international humanitarian law in a systematic way

by teaching its rules to the general population”.25

No official contrary practice was found. At the 27th

International Conference of the Red Cross and Red Crescent in

1999, a large number of States from different parts of the world

pledged to review the curricula of educational and training

establishments with a view to integrating international

humanitarian law into their courses or to intensifying

dissemination to the population in general.26

Europe, Parliamentary Assembly, Rec. 945 (ibid., § 691); OAU, Council of Ministers, Res. 1526 (LX) (ibid., § 692).

24 See, e.g., 19th International Conference of the Red Cross, Res. XXX (ibid.,§ 697); 22nd International Conference of the Red Cross, Res. XII (ibid., § 699); 23rd International Conference of the Red Cross, Res. VII (ibid., § 701);25th International Conference of the Red Cross, Res. VIII (ibid., § 702).

25 See International Conference for the Protection of War Victims, Final Declaration (ibid., § 703).

26 See the pledges made at the 27th International Conference of the Red Cross and Red Crescent by Argentina (ibid., § 648), Belarus (ibid., § 654, Belgium

Additional Protocol I further introduced the obligation of

civilian authorities who, in time of armed conflict, assume

responsibilities in respect of the application of international

humanitarian law, to be fully acquainted therewith.27 While

States are required to encourage the teaching of international

humanitarian law to the entire civilian population, many

governments emphasize training for civil servants, in particular

law enforcement personnel (judiciary, police, prison

personnel).28 Several resolutions of the UN Security Council and

UN Commission on Human Rights support this requirement.29 It was

also recalled in resolutions of the International Conference of

the Red Cross and Red Crescent.30 Other States emphasize the

(ibid., § 655), Chile (ibid., § 657), China (ibid., § 658), Colombia (ibid., §659), Cuba (ibid., § 661), Greece (ibid., § 665), Holy See (ibid., § 667), Iceland

27 Additional Protocol I, Article 83 (adopted by consensus) (ibid., § 615).

28 See the practice of Belgium (ibid., § 655), Colombia (ibid., §§ 321–322 and396), Germany (ibid., §§ 627 and 664), Greece (ibid., §§ 665–666), Iceland (ibid., § 668), Malawi (ibid., §§ 432 and 676), Mozambique (ibid., § 435), Nigeria (ibid., § 630), Peru (ibid., § 363), Philippines (ibid., § 341) and Sweden (ibid., § 631).

29 See, e.g., UN Security Council, Res. 1265 (ibid., § 688); UN Commission on Human Rights, Res. 1994/85, 1995/72 and 1996/80 (ibid., § 496) and Res. 1995/73 (ibid., § 497).

30 See, e.g., 22nd International Conference of the Red Cross, Res. XII (ibid.,§ 699); 27th International Conference of the Red Cross and Red Crescent, Res.

importance of teaching international humanitarian law to youth,

including in secondary education.31 Resolutions adopted by the

International Conference of the Red Cross and the Diplomatic

Conference leading to the adoption of the Additional Protocols

have similarly emphasized this aspect of dissemination.32

Furthermore, Armed opposition groups are also enjoined to

disseminate information of international humanitarian rules to

their civilian populations.

Article 19 of Additional Protocol II states that the Protocol

“shall be disseminated as widely as possible”,33 and this

provision binds armed opposition groups.34 This rule is

I (adopted by consensus) (ibid., § 705).

31 See, e.g., the statements of Argentina (ibid., § 648) and Greece (ibid., § 665) and the reported practice of Argentina (ibid., § 650).

32 See, e.g., 15th International Conference of the Red Cross, Res. IX (ibid., § 695); 19th International Conference of the Red Cross, Res. XXIX and XXX (ibid., §§ 696–697); 23rd International Conference of the Red Cross, Res. VII (ibid., § 701); Diplomatic Conference leading to the adoption of the Additional Protocols, Res. 21 (adopted by 63 votes in favour, 2 against and 21abstentions) (ibid., § 700).

33 Additional Protocol II, Article 19 (adopted by consensus) (ibid., 287).

34 Yves Sandoz, Christophe Swinarski, Bruno Zimmermann (eds.), Commentary on the Additional Protocols, ICRC, Geneva, 1987, § 4909.

contained in other instruments pertaining also to non-

international armed conflicts.35

In a resolution on respect for human rights in armed conflicts

adopted in 1972, the UN General Assembly called upon all parties

to armed conflicts “to provide instruction concerning [the

international humanitarian rules which are applicable] to the

civilian population”.36

Although practice with respect to the obligation of armed

opposition groups to encourage the teaching of international

humanitarian law to the civilian population under their control

is limited, it is important that “information concerning [rules

of international humanitarian law] be given to civilians

everywhere, with a view to securing their strict observance”.37

In practice, armed opposition groups have frequently allowed the

35 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia, § 13 (cited in Vol. II, Ch. 40, § 618); Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina, § 4 ( ibid., § 619).

36 UN General Assembly, Res. 3032 (XXVII) (adopted by 103 votes in favour, none against and 25 abstentions) (ibid., § 689).

37 UN General Assembly, Res. 3102 (XXVIII) (adopted by 107 votes in favour, none against and 6 abstentions) (ibid., § 690).

ICRC to disseminate international humanitarian law to civilians

living in areas they controlled.

b. LEGISLATIVE ACTION/ INCORPORATION OF INTERNATIONAL

HUMANITARIAN LAW INTO DOMESTIC LAW

National implementing legislation is necessary for treaty

provisions that are not self-executing and therefore require a

legislative act for them to become applicable. Apart from the

general obligation to ensure that the treaties are applied

through primary and secondary legislation38, the four Conventions

and Protocol I provide for states to adopt any necessary

legislative measures to determine appropriate penal sanctions for

grave breaches of international humanitarian law.39

To ensure that international humanitarian law is applied in

situations of armed conflict, the entire range of implementation

mechanisms provided for in the law itself must be used to the

full, including in peacetime. National measures to implement

humanitarian law arise from the pledge given by states party to38 Article 48, GC I; Article 49, GC II; Article 128, GC III; Article 145, GC IV. AP I sets out the same obligation in Article 84

39 Defined in Article 50, GC I; Article 51, GC II; Article 130, GC III; Article 147, GC IV; and Articles 11(4) and 85, AP I.

humanitarian law treaties to respect those treaties and ensure

that they are respected. This duty is made explicit in a series

of provisions that oblige states to take particular

implementation measures. Moreover, like all international

treaties, the humanitarian law treaties call for a number of

measures to be incorporated in national legislation, if this is

not already the case.

The general obligation to take ‘measures for execution’ is laid

down in Article 80 of Protocol I, which states that the parties

‘shall without delay take all necessary measures for the

execution of their obligations under the Conventions and this

Protocol’. Among the numerous measures set out in the Geneva

Conventions and the Protocols additional thereto, two types of

national measures are particularly important, namely the adoption

by states of national laws to ensure that the treaties are

applied, and measures relating to dissemination and training.

National implementing legislation is necessary for treaty

provisions that are not self-executing and therefore require a

legislative act for them to become applicable. Apart from the

general obligation to ensure that the treaties are applied

through primary and secondary legislation,40 the four Conventions

and Protocol I provide for states to adopt any necessary

legislative measures to determine appropriate penal sanctions for

grave breaches of international humanitarian law.41

Finally, legislation is needed to be able to prevent or punish

misuse of the emblem and distinctive signs at any time.42

However, various attempts to strengthen the treaty-based

obligations to prevent violations of international humanitarian

law have failed. For example, a proposal to introduce an

obligation for states to report to an international commission on

the way national measures are applied was rejected.43

40 Article 48, GC I; Article 49, GC II; Article 128, GC III; Article 145, GC IV. AP I sets out the same obligation in Article 84

41 Article 50, GC I; Article 51, GC II; Article 130, GC III; Article 147, GC IV; and Articles 11(4) and 85, AP I.

42 Articles 53–54, GC I; Articles 43–45, GC II.

43 At the meeting of the Intergovernmental Group of Experts – see ‘Follow-up to the International Conference for the Protection of war victims, (Geneva, 30August-1 September 1995)’, International Review of the Red Cross, No. 304, January–February 1995, pp. 4–38. It included an ICRC proposal of a reporting system and the setting up of an international committee of experts on IHL ‘to examine the reports and advise States on any matters regarding the implementation of IHL’ (pp. 25–27).

To put the law into effect and give effective protection to

people affected by armed conflict, widespread knowledge of the

law and training of those who will have to apply it are

indispensable. Dissemination activities must be stepped up in

wartime, but must already be in place in times of peace. States

undertook, as an initial obligation, to disseminate the texts of

the treaties in peacetime and in wartime, and to include study of

these in military and if possible civilian instruction

programmes, so as to ensure that the armed forces and the entire

population are familiar with their content.44 International

humanitarian law is largely made up of obligations with which

armed and fighting forces must comply, and must therefore form an

integral part of their regular instruction and practical

training. Yet despite their importance, the rules of war often

feature only marginally in the military instruction programmes of

most states.

The implementing measures required in peacetime to back up the

obligation to spread knowledge of the Geneva Conventions and the

44 20 Article 47, GC I; Article 48, GC II; Article 127, GC III; Article 144, GC IV (the wording is almost identical in the four Conventions); Articles 19 and 83, AP I; Article 19, AP II

Protocols thereto ‘as widely as possible’ are the training of

qualified staff,45 the deployment of legal advisers in armed

forces,46 emphasis on the duty of commanders47 and special

instruction for the military and authorities who may be called

upon to assume relevant responsibilities.

c. SOCIETAL STRUCTURE/ ORGANIZATION

The geographical plan of a state must be structured in a way that

the location of its military objectives are father to the

civilian objects. The duty of states to avoid locating military45 Para. 1 of Article 6, AP I requires that the High Contracting Parties ‘alsoin peacetime, endeavour, […], to train qualified personnel to facilitate the application of the Conventions and of this Protocol, and in particular the activities of the Protecting Powers.’ This training should take place with theassistance of the National Society.

46 Article 82, AP I. The role of the legal advisers will be to ‘advise military commanders at the appropriate level on the application of the Conventions and this Protocol and on the appropriate instruction to be given to the armed forces on this subject’.

47 Article 87, para. 1, AP I. 24 Article 83, AP I. Knowledge of international humanitarian law is also required on the part of civilian and military authorities who, in time of armed conflict, assume responsibilities in respectof the application of the Conventions and this Protocol’ and hence in relationto protected persons. Paragraph 2 requires that such authorities ‘be fully acquainted with the text’ of these instruments

objectives within or near densely populated areas is set forth in

Article 58(b) of Additional Protocol I, to which no reservations

relevant to this rule have been made. 48

CHALLENGES

Implementation is the major challenge facing international

humanitarian law today. The problem of translating States' legal

obligations into action is common to all areas of international

law. There is however a particularly acute contrast between

humanitarian law's highly developed rules, many of which enjoy

nearly universal acceptance, and the repeated violations of those

rules in conflicts around the world. 49

First, in time of peace no one wants to think about the kind of

situation where this body of law is put into practice. Nor is it

easy to foster enthusiasm for legal rules which are beyond

people's personal experience. But unless certain efforts are made

48 http://www.icrc.org/customary-ihl/eng/docs/v1_cha_chapter6_rule23. Accessedon 28/02/14

49 Paul Berman, The ICRC's Advisory Service on International Humanitarian Law: the challenge of national implementation. http://www.icrc.org/eng/resources/documents/article/other/57jn57.htm, Acessed on 25/01/14

and steps taken in peacetime, it cannot be expected that these

rules will be implemented in time of crisis or war. 50

Furthermore, the system of implementation of IHL is based on

voluntary action and goodwill of parties and this has made

implementation of the principles cumbersome in peace times.

In addition, funds has been a prominent factor militating against

the implementation of IHL in peace times in 2nd and 3rd world

states as funding of trainings and acquirement of instruments for

dissemination of IHL for military and civilians respectively are

quite steep and contracting states would rather expend its

inadequate money on other part of its economy than on issues

relating war.

CONCLUSION

Humanitarian law advocates regularly deal with the challenges of

implementing the law. People of a more practical bent may ask

whether it is worth to implement rules that seem necessary only

in times of war. When resources are scant, it is difficult to

50 Dieter Fleck (1991). Implementing International Humanitarian Law: Problems and Priorities. International Review of the Red Cross, 31, pp 140-153.

justify the means necessary to prepare for some (unlikely) future

risks.

When implementing humanitarian law every state must take into

account its recent history and the overall state of affairs of

the world at large. Although international armed conflicts are

not that common anymore, humanitarian law also applies to non

international conflicts (and to some extent to new forms of war)

which are occurring in many parts of the world and can start

virtually overnight.

Experience has shown that IHL will only be respected in war if it

is made known in times of peace.51 It is of necessity that

humanitarian laws are enforced in peace times to avert a

situation where war breaks (whether national or international)

and the parties to the war are left to conduct it without the

knowledge of humanitarian law.

In the light of the foregoing, it is the opinion of the writer

that the international community assist the 2nd and 3rd world

51 Rikke Ishøy (2004) Handbook on the Practical Use of International Humanitarian Law, Danish Red Cross Blegdamvsvej 27

countries in terms of funds and machinery for the dissemination

of IHL in their states.

Finally, greater encouragement should be given to contracting

states to observe their obligation by implementing IHL in peace

times to forestall a situation where international or intra armed

conflict are conducted without the observance of IHL rules.