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Evaluates various means of inducing compliance with international humanitarian law by state and non-state actors.
List of contents
1. Introduction Heike Krieger; Part I. Conditions for Compliance by Armed Groups, Focussing on Non-Hierarchical Instruments: 2. Rational motives for civilian targeting in civil war Reed Wood; 3. Insurgent governance in the Democratic Republic of the Congo Zachariah Mampilly; 4. The power of persuasion: the role of international non-governmental organizations in engaging armed groups Ulrich Schneckener and Claudia Hofmann; 5. Comment - persuading armed groups to better respect international humanitarian law Olivier Bangerter; 6. Implementing humanitarian norms through non-state armed groups Sandesh Sivakumaran; Part II. Criminal Prosecution: Hierarchical Enforcement on Different Levels: 7. Courts of armed groups a tool for inducing higher compliance with international humanitarian law? Jan Willms; 8. Comment - perspectives on courts established by armed opposition groups Dieter Fleck; 9. The role of international criminal prosecutions in increasing compliance with international humanitarian law in contemporary African conflicts Robert Cryer; 10. National courts: the situation in the Democratic Republic of the Congo Jean-Michel Kumbu; 11. Comment - the Congolese legal system and the fight against impunity for the most serious international crimes Balingene Kahombo; Part III. International Organisations as Actors for Ensuring Compliance: 12. Enforcing international humanitarian law through human rights bodies Dominik Steiger; 13. Comment - enforcement of international humanitarian law through the human rights organs of the African Union Faustin Zacharie Ntoubandi; 14. The UN Security Councils special compliance systems - the regime of children and armed conflict Regina Klostermann; 15. Ensuring peacekeepers' respect for international humanitarian law Siobhán Wills; 16. Comment - obligations of States contributing to UN peacekeeping missions under Common Article 1 to the Geneva Conventions Matthew Happold; 17. Comment - UN peacekeeping in the Democratic Republic of the Congo: the travails of civilian protection Denis M. Tull; Part IV. The Role of Third States: 18. Common Article 1 to the Geneva Conventions: scope and content of the obligation to ensure respect - narrow but deep or wide and shallow? Robin Geiß; 19. Complicity in violations of international humanitarian law Helmut Philipp Aust; 20. International responsibility for humanitarian law violations by armed groups Kirsten Schmalenbach; Conclusion: 21. Where states fail, non-state actors rise? Inducing compliance with international humanitarian law in areas of limited statehood Heike Krieger.
About the author
Heike Krieger is Professor of Public International Law at the Freie Universität Berlin. Between 2007 and 2014 she acted as Judge at the Constitutional Court of the State of Berlin.
Summary
This book explores and evaluates methods for inducing compliance with international humanitarian law, by both states and non-state actors, including armed groups, NGOs and the UN Security Council. The authors examine what lessons can be learned in particular from the African Great Lakes region.
