VIOLATIONS OF HUMANITARIAN LAW ON THE BASIS OF DRAFT ARTICLES ON THE RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS (Polish title - below)

• Authors: Karska Elzbieta
• Languages of publication: PL

Abstracts

EN

(Title in Polish - 'Odpowiedzialnosc panstwa za naruszenia prawa humanitarnego na tle projektu artykulów o odpowiedzialnosci panstw za czyny miedzynarodowo bezprawne'). This article is devoted to the state's responsibility for breaches of international humanitarian law of armed conflicts. International character of the state's responsibility is based on the art. 3 of the IV Hague Convention of 1907 and art. 91 of the first Additional Protocol of 1977. The source of the responsibility is an act of the state's organ which constitutes an internationally wrongful act, including serious violations of humanitarian law enumerated by the Geneva Conventions of 1949. A special group of acts constitutes declicts against cultural property. Responsibility of the state has been provided by the treaty law the same as confirmed by customary rules. It can be enforced in such forms as: reparations, restitution or satisfaction. International law established a lot of situations in which countermeasures have been excluded. Procedural aspects of the enforcement can be fulfilled by the conciliation, good services, International Fact Finding Commission, arbitration or by the jurisdiction of national courts. In all those aspects responsibility of the state needs recognition as the consequence of the principle of sovereignty. Increasing number of armed conflicts, became the reason of establishing international criminal tribunals. Their task is to bring natural persons responsible for violations of international humanitarian law to justice. Very similar breaches and violations establish not only responsibility of the state but also criminal responsibility of an individual. Despite this fact, concurrent existence does not exclude any type of mentioned responsibilities. International law needs a separate convention to provide regulations for the responsibility of states for the commission of breaches and grave breaches of humanitarian law in armed conflicts.

Keywords

EN

HUMANITARIAN LAW; RESPONSIBILITY OF STATES

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Studia Prawnicze
• Year: 2009
• Issue: 1-2(179-180)
• Pages: 65-69
• Document type: ARTICLE

Contributors

author

Karska Elzbieta

• Elzbieta Karska, Uniwersytet Wroclawski, ul. Uniwersytecka 22/26, 50-145 Wroclaw, Poland

Identifiers

CEJSH db identifier

10PLAAAA071721