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War and Law since 1945$
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Geoffrey Best

Print publication date: 1997

Print ISBN-13: 9780198206996

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780198206996.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 September 2021

Application, Implementation, and Enforcement

Application, Implementation, and Enforcement

Chapter:
(p.370) 9 Application, Implementation, and Enforcement
Source:
War and Law since 1945
Author(s):

Geoffrey Blest

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198206996.003.0010

This chapter discusses the application of laws according to the mixture of elements in each particular case: the nature of the situation which makes application of international humanitarian law (IHL) a possibility, and the extent to which the State or States in the case are involved, either by treaty undertakings or by customary obligation. It emphasizes that to speak of the application of IHL as a practical matter is to speak of what many people would call its implementation. It explains that law enforcement which is to be acceptable as well as effective rests not only upon courts whose decision will be respected and upon a policing system which can be relied on to bring accused persons into court in the first place, but also upon a clear view of the kinds of offences which will cause them to be brought there. It notes that these latter criterions, at any rate, together with a few indications of the jurisdictions within which they should be tried, are already well defined.

Keywords:   treaty undertakings, customary obligation, law enforcement, courts, policing system, accused persons, offences, jurisdictions

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