• Send page
  • Print page

The impact of military disciplinary sanctions on compliance with international humanitarian law

30-06-2008 Article, International Review of the Red Cross, No. 870, by Céline Renaut

This article assesses the impact of disciplinary military sanctions on respect for international humanitarian law. Whereas the armed forces rely on a strong principle of obedience, respect for international humanitarian law depends essentially on the superior officer whose responsibility is subject to sanctions imposed by international criminal judges within a judicial system which aims to make sanctions an effective means of ensuring respect for international humanitarian law.

   

Céline Renaut is legal adviser to the French ministry of defence and member of the   Centre de recherches et d’études sur les droits de l’Homme et le droit humanitaire (CREDHO). 
 
Abstract 
The impact of disciplinary military sanctions on respect for international humanitarian law depends on the extent to which the principles governing that law have been integrated into the disciplinary rules of the armed forces and the range of responsibility of the commanding officer giving an order which breaches international humanitarian law or which does not ensure respect for it. Whereas the armed forces rely on a strong principle of obedience, respect for international humanitarian law depends essentially on the superior officer whose responsibility is subject to sanctions imposed by international criminal judges within a judicial system which aims to make sanctions an effective means of ensuring respect for international humanitarian law.  


 
    pdf file   Full text in PDF format    (87kb)  
  About Acrobat PDF files 
 


Related pages