Specifics of the Implementation of International Control over States’ Compliance with Obligations under International Humanitarian Law

Abstract

The paper assesses the use of means of extrajudicial, judicial and public international control over states’ compliance with obligations under international humanitarian law (IHL), and formulates the concept of the institute of international control in IHL. It is noted that the non-judicial mechanisms of international control include: a) a system of protective powers carried out by states independently; b) a mechanism based on the mutual consent of the warring parties for a specific case of an ad hoc offense (a special procedure for investigating states in their non-hostile interaction); c) international fact-finding and investigation mechanisms carried out by international organizations and/or specially authorized bodies on the basis of a states’ obligation that arose earlier. According to the manifestation of the volitional component, the proposed structural control model can be characterized as competing. The institution of protecting powers allows a state that is not involved in an armed conflict to represent the interests of one opposing state over another through good offices. The states at war have pledged to accept the mission of the International Committee of the Red Cross or any other impartial organization. The International Fact-Finding Commission is the only permanent treaty body designed to promote compliance with IHL norms and ensure guarantees provided to victims of armed conflict. Conventions on prohibitions or restrictions on the use of military means contain their own control mechanisms.