ANALYSIS OF THE PENAL SANCTIONS AND RESPONSIBILITY FOR THE VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW

ABSTRACT

This paper analyses the penal sanctions and responsibility for the violations of International Humanitarian Law. Through its analysis it identifies what constitutes a breach in international humanitarian law and the theory of responsibility, it also identifies what penal sanctions are and the scope of these sanctions. In identifying what constitutes a breach, it states that grave breaches of international humanitarian law constitute war crimes that incur the individual criminal responsibility of those who commit them by their action or failure to act. It shows that the International Community recognizes solely Individual Responsibility for every Criminal act and so, no one can hardly raise the defense of Command Responsibility to acts carried out in the cause of armed conflict. A State can also be responsible for the omission of its organs when they are under a duty to act, such as in the case of commanders and other superiors who are responsible for preventing and punishing war crimes. This research however, identifies the challenges affecting effective implementation of penal responsibility and sanctions and the effectiveness of the sanctions with respect to domestic and international platforms. Practical solutions that may assist in remedying this defect has been provided. It is argued not only for the need to properly implement an effective system of penal sanctions and responsibility for violations, as required under International Humanitarian Law, but for the need to implement a system that goes beyond that which States are legally obliged to do.