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The Importance of Fact-Finding Missions Under International Humanitarian Law

  • Liesbeth Zegveld
Chapter

Abstract

Legal constraints have often failed to protect civilians from the adverse affects of war. It was no different during the Gaza conflict. IHL proved hardly relevant to the suffering of civilians inside and outside of Gaza a year ago. In order to prevent the rules from becoming even more irrelevant, States should take their obligation to ensure respect for IHL more seriously. The obligation to ensure respect implies that every State ought to take action with regard to any other State which does not respect this law. The duty to ensure respect provides for a system of collective responsibility for compliance with IHL. In the past, the Security Council explicitly called on States to ensure respect by Israel, as Occupying Power, for its obligations under the Geneva Conventions. The International Court of Justice also stated in its Advisory Opinion on the Wall: “all States Parties to the Fourth Geneva Convention have the obligation to ensure compliance by Israel with IHL”. The duty to ensure respect has various dimensions. I have identified one particular measure available to States in order to fulfil their obligation to ensure respect: fact finding.

Keywords

Security Council Armed Conflict Geneva Convention Chemical Weapon Advisory Opinion 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Falk R (2009) Commentary: The Future of the Goldstone Report: Can the UN Implement International Law? The Berkeley Daily Planet, 1 October 2009. http://www.berkeleydailyplanet.com/issue/2009-10-01/article/33850?headline=Commentary-The-Future-of-the-Goldstone-Report-Can-the-UN-Implement-International-Law-
  2. Singh R (2006) Raising the Stakes: Evidentiary Issues in Individual Claims Before the United Nations Compensation Committee. In: Permanent Court of Arbitration (ed) Redressing Injustices Through Mass Claims Processes. Oxford University Press, OxfordGoogle Scholar

Copyright information

© T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors 2011

Authors and Affiliations

  • Liesbeth Zegveld
    • 1
  1. 1.Leiden UniversityLeidenThe Netherlands

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