Section National implementation of international humanitarian law: penal repression International humanitarian law comprises specific provisions on the obligation of States to punish, at the national level, violations of its provisions. Depending on their classification, violations must be punished along different lines. "Grave breaches", for instance, as defined by treaty law, must be punished on the basis of universal jurisdiction. See also: International criminal jurisdiction Examples of national legislation on penal repression of violations of international humanitarian law are available in the IHL - National implementation database. 31-12-2003 Information kit: National Enforcement of International Humanitarian LawThis information kit deals with the following issues: obligations in terms of penal repression; method of incorporating punishment into criminal law; universal jurisdiction over war crimes; time-barring; command responsibility and failure to act; criminal procedure; cooperation with extradition and judicial assistance in criminal matters. (Humanitarian law\National implementation\Publications\Fact sheets) Includes PDF 31-1-2003 Issues raised with regard to the 1998 Rome Statute of the International Criminal Court by national constitutional courts and councils of StateThis document contains a summary of the most important issues of constitutionality raised by different national judicial and quasi-judicial bodies with regard to the ratification of the Statute for the International Criminal Court of 1998. (Humanitarian law\National implementation\Topics\Penal repression) Includes PDF 31-10-2008 Elements to render sanctions more effectiveFact sheet describing some elements and modalities which could bring about a concrete improvement in the effectiveness of sanctions in the efforts by all parties to ensure greater respect for international humanitarian law. (Humanitarian law\National implementation\Publications\Fact sheets) Fact Sheet Includes PDF 31-10-2008 War Crimes under the Rome Statute of the International Criminal Court and their source in International Humanitarian LawThe present comparativetable seeks to provide the war crimes over which the International Criminal Court (ICC) has jurisdiction, together with the definition of such offences as found in other sources of international humanitarian law (IHL). (Humanitarian law\National implementation\Publications\Fact sheets) Fact Sheet Includes PDF 31-1-2003 Penal Repression: Punishing War CrimesFact sheet describing the obligations of States regarding the national implementation of the norms applicable to this particular aspect of international humanitarian law. (Humanitarian law\National implementation\Publications\Fact sheets) Fact Sheet Includes PDF 31-1-2003 Punishing War Crimes: International Criminal TribunalsFact sheet providing a summary description of various international criminal tribunals and of the relations these tribunals have with States and the ICRC. (Humanitarian law\National implementation\Publications\Fact sheets) Fact Sheet Includes PDF 31-12-2001 Punishing violations of international humanitarian law a the national level: a guide for common law statesThe ICRC guide Punishing violations of IHL at the national level is intended as a practical reference work for lawmakers and others in common law States who are directly involved in incorporating provisions for the punishment of violations of international humanitarian law into national legal systems. It consists of nine stand-alone chapters on issues relevant to the prosecution of grave breaches and other violations of humanitarian law, and international crimes such as genocide, torture and crimes against humanity. (Info resources\ICRC publications and films\Publications\Humanitarian law) ICRC publication 31-12-2006 Incitement in international criminal lawThe author critically analyses in this article the status of incitement in international criminal law and recommends the adoption of an approach modelled on German and Swiss domestic law and argues that instigation per se should also be regarded as an inchoate crime. (Info resources\International Review\2006 - No. 864) International Review of the Red Cross Includes PDF 30-6-2006 International Review of the Red Cross, 2006 - No. 862![]() Theme: Truth and reconciliation commissions. Penal prosecution was seen as antagonistic to reconciliation strategies, but the “justice versus peace” problem is now seen as a simplification of the debate. Reconciliation is increasingly understood as an umbrella-term for an overall process which includes the search for truth, justice and forgiveness. This issue concentrates on the problems raised by Truth and Reconciliation Commissions and provides an overview of the ones established, their successes and their failures. (Humanitarian law\International criminal jurisdiction) International Review of the Red Cross 31-3-2006 Responsibility for war crimes before national courts in CroatiaThe article analyses problems with which the Republic of Croatia, as a country in transition, has to contend during war crimes proceedings. (Info resources\International Review\2006 - No. 861) International Review of the Red Cross Includes PDF 31-12-2004 Legality of amnesties in international humanitarian law The Lomé Amnesty Decision of the Special Court for Sierra Leone(Info resources\International Review\2004 - No. 856) International Review of the Red Cross Includes PDF 30-9-2003 Amnesty for war crimes: Defining the limits of international recognitionIn armed conflicts where serious violations of international humanitarian law have occurred on a massive scale, there is often a need to balance the right of victims to retributive justice with the need of the territorial State to deal with past atrocities in such as manner as to not provoke further violence and to advance the process of reconciliation. This article argues that international law does not preclude domestic and international courts according recognition to certain amnesties limited to those considered "least responsible" for the commission of war crimes, when accompanied by other accountability measures and with the objective of facilitating the progression towards a lasting peace. (Info resources\International Review\2003 - No. 851) International Review of the Red Cross Includes PDF International Review of the Red Cross 31-3-1998 Individual criminal responsibility for violations of international humanitarian law committed in non-international armed conflicts(Info resources\International Review\1998 - No. 322) International Review of the Red Cross 6-12-2003 Domestic implementation of the Statute of the International Criminal Court Workshop 7, 28th International Conference of the Red Cross and Red Crescent, Geneva, 2 to 6 December 2003 (Focus\RC Movement\International Conference\28th Conference) 21-2-2003 Model Geneva Conventions Act (for common law States)Using the Geneva Conventions Acts adopted by different States, and following discussions held with common law experts, the ICRC Advisory Service on IHL has drawn up this model Geneva Conventions Act. This Model Act gives effect to the provisions of the four Geneva Conventions of 1949 and to their two Additional Protocols of 1977. (Humanitarian law\National implementation\Publications\Model laws) 31-12-2000 National measures to repress violations of international humanitarian law (civil law systems): report on the meeting of experts, Geneva, 23-25 September 1997This book contains the proceedings of a meeting of experts held by the ICRC on the implementation, in civil law States, of national mechanisms for repressing violations of international humanitarian law. Case studies are included to give an overview of the existing repression mechanisms in four countries. (Humanitarian law\National implementation\Publications\Other publications) Includes PDF |