Session 10a: Implementation, enforcement and accountability

Question 1

Why is implementation and enforcement of IHL much more challenging than implementing and enforcing laws at the domestic levels?

Question 2

What does the Common art. 1 duty to respect and enforce (ensure respect of) IHL entail?

Question 3

What are the main issues in relation to dissemination of IHL in NIACs? How does IHL apply to non-state armed groups?

Question 4

In which way does international criminal law differ from most other areas of public international law?

Question 5

What is the origin of individual responsibility for war crimes?

Question 6

Are all breaches of IHL war crimes? What are the four different categories of war crimes in the ICC statute?

Question 7

What is the jurisdictional basis for prosecution and punishment for grave breaches of IHL?

Question 8

What are the two main differences between war crimes and crimes against humanity and genocide?

Question 9

What are the main two elements of command responsibility? Does command/superior responsibility only apply to military superiors? What is the decisive factor in relation to whether a person is guilty by way of command responsibility?

Question 10

What is the legal basis for reparations for war crimes and which form may such reparations take? To whom does the right to reparation belong and is there any movement in the area?

Question 11

To whom does IHL obligations apply during NIACs?

Question 12

How can IHL apply to armed groups in NIACs? Explain the different theoretical options and account for your preferred approach?

Question 13

How was the legal basis for establishing the ICTY and the ICTR and how does that differ from the basis of the establishment of the ICC?

Question 14

What has been the primary contribution of the ICTR and ICTY to IHL?

Question 15

What is the main rationale behind the establishment of international criminal tribunals and later, an international criminal court?

Question 16

Do you think the international courts and tribunals have been successful in deterring breaches of IHL? What is the main points of critique against them, in general and against the ICC in particular?

Question 17

On which basis can the ICC exercise jurisdiction in Ukraine?

Question 18

What is the main argument against the ICC in the Ukraine case? What is the primary problem with the Court’s (lack of) jurisdiction? What proposed solutions have been put forward? Which would you argue in favor of?

Question 19

What is missing from the international focus on criminal prosecution for crimes committed in Ukraine, according to the ICTJ? Which other aspects of justice for Ukrainians could be beneficial?

Question 20

According to Mégret, why might be the problem for the west with pursuing the creation of an ad hoc tribunal? What do you think what be Mégret’s reaction to the issue of an arrest order against Putin?