The Scope of the Obligation to Respect and to Ensure Respect for International Humanitarian Law
This article disputes what seems to have become the dominant interpretation of the obligation to respect and to ensure respect for International Humanitarian Law, as codified in common Article 1 of the Geneva Conventions and in Article 1(1) of Additional Protocol I. According to this dominant interp...
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| Format: | Article |
| Language: | English |
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University of Windsor
2009-10-01
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| Series: | The Windsor Yearbook of Access to Justice |
| Online Access: | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4528 |
| _version_ | 1797715996915531776 |
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| author | Tomasz Zych |
| author_facet | Tomasz Zych |
| author_sort | Tomasz Zych |
| collection | DOAJ |
| description | This article disputes what seems to have become the dominant interpretation of the obligation to respect and to ensure respect for International Humanitarian Law, as codified in common Article 1 of the Geneva Conventions and in Article 1(1) of Additional Protocol I. According to this dominant interpretation, States are required to take all appropriate measures to ensure that IHL is observed universally, including by other States and by non-State actors operating in other States. It is argued that the intention of the High Contracting Parties, coupled with their subsequent practice, calls for a much more narrow interpretation of that obligation. |
| first_indexed | 2024-03-12T08:15:05Z |
| format | Article |
| id | doaj.art-9927792c02714886b4bb585ce42e0d66 |
| institution | Directory Open Access Journal |
| issn | 2561-5017 |
| language | English |
| last_indexed | 2024-03-12T08:15:05Z |
| publishDate | 2009-10-01 |
| publisher | University of Windsor |
| record_format | Article |
| series | The Windsor Yearbook of Access to Justice |
| spelling | doaj.art-9927792c02714886b4bb585ce42e0d662023-09-02T18:58:13ZengUniversity of WindsorThe Windsor Yearbook of Access to Justice2561-50172009-10-0127210.22329/wyaj.v27i2.4528The Scope of the Obligation to Respect and to Ensure Respect for International Humanitarian LawTomasz Zych0Counsel, Public International Law Section, Department of Justice Canada. The opinions expressed in this article are those of the author and do not necessarily represent the views of the Department of Justice or of the Government of Canada.This article disputes what seems to have become the dominant interpretation of the obligation to respect and to ensure respect for International Humanitarian Law, as codified in common Article 1 of the Geneva Conventions and in Article 1(1) of Additional Protocol I. According to this dominant interpretation, States are required to take all appropriate measures to ensure that IHL is observed universally, including by other States and by non-State actors operating in other States. It is argued that the intention of the High Contracting Parties, coupled with their subsequent practice, calls for a much more narrow interpretation of that obligation.https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4528 |
| spellingShingle | Tomasz Zych The Scope of the Obligation to Respect and to Ensure Respect for International Humanitarian Law The Windsor Yearbook of Access to Justice |
| title | The Scope of the Obligation to Respect and to Ensure Respect for International Humanitarian Law |
| title_full | The Scope of the Obligation to Respect and to Ensure Respect for International Humanitarian Law |
| title_fullStr | The Scope of the Obligation to Respect and to Ensure Respect for International Humanitarian Law |
| title_full_unstemmed | The Scope of the Obligation to Respect and to Ensure Respect for International Humanitarian Law |
| title_short | The Scope of the Obligation to Respect and to Ensure Respect for International Humanitarian Law |
| title_sort | scope of the obligation to respect and to ensure respect for international humanitarian law |
| url | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4528 |
| work_keys_str_mv | AT tomaszzych thescopeoftheobligationtorespectandtoensurerespectforinternationalhumanitarianlaw AT tomaszzych scopeoftheobligationtorespectandtoensurerespectforinternationalhumanitarianlaw |