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A Bird’s-eye view on compliance with the law of armed conflict 70 years after the adoption of the Geneva Conventions
Swedish Defence University, Department of Security, Strategy and Leadership (ISSL), Centre for International and Operational Law.ORCID iD: 0000-0002-8261-5660
2019 (English)In: Yearbook of International Humanitarian Law, ISSN 1389-1359, E-ISSN 1574-096X, Vol. 22, p. 107-124Article in journal (Refereed) Published
Abstract [en]

Against the background of a significant number of compliance mechanisms that the law of armed conflict (LoAC) provides for, on the one hand, and the fact that violations remain a pervasive feature of contemporary armed conflict, on the other, the present chapter examines five distinct compliance-related clusters. It begins by a reminder of the various existent compliance mechanisms and a plea for an honest, inter-disciplinary stocktaking of their efficacy. This is followed by another plea, namely for contextualizing compliance and compliance mechanisms and for moderating the expectations as to what they can achieve as counterweights to the myriad of factors that are prevalent in armed conflicts and that cause violations of the LoAC. The chapter then proceeds with addressing three particular trends that pose particular challenges in relation to compliance: the prevalence of non-international armed conflicts; that the current discourse about compliance is dominated by a culture of repression rather than prevention; and that compliance is increasingly individualized at the expense of addressing the collective nature of the violence inherent in armed conflict as the context in which violations occur.

Place, publisher, year, edition, pages
The Hague: T.M.C. Asser Press, 2019. Vol. 22, p. 107-124
Keywords [en]
compliance, efficacy of compliance mechanisms, managing expectations, non-international armed conflicts, prevention, individualization of compliance
National Category
Law (excluding Law and Society)
Research subject
Juridik med inriktning mot folkrätt
Identifiers
URN: urn:nbn:se:fhs:diva-9513DOI: 10.1007/978-94-6265-399-3_5OAI: oai:DiVA.org:fhs-9513DiVA, id: diva2:1500724
Available from: 2020-11-13 Created: 2020-11-13 Last updated: 2020-11-26Bibliographically approved

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Kleffner, Jann

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CiteExportLink to record
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Citation style
  • apa
  • harvard-cite-them-right
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf