Sazonova K.L. Prospects of International Responsibility of States for the Violations of International Humanitarian Law

DOI: https://doi.org/10.15688/lc.jvolsu.2018.1.6

Kira L. Sazonova, Candidate of Juridical Sciences, Candidate of Political Sciences, Associate Professor, Russian Presidential Academy of National Economy and Public Administration, Prosp. Vernadskogo, 84, 119606 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: international humanitarian law is one of the most codified, and at the same time, is one of the least observed branches of contemporary international law. The majority of researchers focus their attention on questions of the international responsibility of individuals for the violations of norms of international humanitarian law. However, it is possible to note that the states can also act as subjects of the international responsibility in international humanitarian law. This problem is rather poorly studied in domestic doctrine of international law, which actualize the aim of this article to analyze this question due to its high relevance and the international importance. Methods: the methodological basis of this research is made by such methods as legalistic and comparative, and also a method of interpretation of the law norms. Results: the article distinguish the key problems which arise in the course of involvement of the states to the international responsibility for violations of the norms of international humanitarian law. For example, the acts as aggression or genocide, may entail both the responsibility of the states and individuals. Besides, the essential increase of the international conflicts of internal nature, for example, of civil wars, seriously complicates the implementation of the international responsibility of the states, because the status of intervention of the foreign states in these conflicts is often uncertain. There are also some difficulties with payment of compensations by the states to the individuals who were injured during the violation of norms of international humanitarian law, first of all, a problem with international courts where individuals can submit their claims. Conclusion: as a result of the study, the prospects for the development of international humanitarian law have been revealed, and the importance of a detailed elaboration of the concept of the international responsibility of states for the violations of international humanitarian law has been substantiated.

Key words: international responsibility, states, individuals, international humanitarian law, compensation, conflicts.

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