III. ACCOUNTABILITY AND THE RIGHTS OF VICTIMS
armed conflicts, all States have the responsibility to respond to grave and
other breaches of the Geneva Conventions and of Protocol I. Under the
Geneva Conventions, States undertake the obligation to respect and to
ensure respect for the Conventions in all circumstances. Specifically, States
undertake to enact legislation to provide effective penal sanctions for
perpetrators of grave breaches of international humanitarian law.
In contrast, neither common article 3 nor Protocol II makes specific provision
for the prosecution of serious violations of their rules or for grave breaches.
However, the jurisprudence of the International Criminal Tribunal for the
former Yugoslavia and the International Criminal Tribunal for Rwanda has
established that war crimes may also be committed in non-international
armed conflicts.121 Moreover, taking into account the complementary
nature of the International Criminal Court’s jurisdiction, the inclusion in its
Rome Statute of war crimes committed in non-international armed conflicts
means that States also have an obligation to investigate and prosecute
serious violations of common article 3 of the Geneva Conventions, as well
as other serious violations of the laws and customs applicable in armed
conflicts not of an international character.122
The International Court of Justice dealt with the obligation to prevent and
punish genocide. It determined that “one of the most effective ways of
preventing criminal acts, in general, is to provide penalties for persons
committing such acts, and to impose those penalties effectively on those
who commit the acts one is trying to prevent.” Furthermore, the Court
recalled that, under the Convention on the Prevention and Punishment of
the Crime of Genocide, States parties have an obligation to “arrest persons
accused of genocide who are in their territory—even if the crime of which
they are accused was committed outside it—and, failing prosecution of
them in the parties’ own courts, that they will hand them over for trial by
the competent international tribunal.”123
See, in particular, Prosecutor v. Duško Tadic´, paras. 86–136.
Rome Statute, art. 8.2 (c) and (e).
123
Application of the Convention on the Prevention and Punishment of the Crime of
Genocide, paras. 426 and 443.
121
122
83
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