La mise en œuvre du droit international humanitaire: une effectivité mouvementée

• HAJER GUELDICH ^[1]
  1. [1] University of Kairouan

     University of Kairouan

     Túnez

     
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 1, 2016, págs. 100-119
• Idioma: francés
• Títulos paralelos:
  • The implementation of t international humanitarian law: An animated effectiveness
• Enlaces
  • Texto completo (pdf)
• Resumen

  • This article covers all the measures which must be taken to insure the full respect of the International humanitarian Law rules, not only in case of peace time, through precautionary and preventive measures, to assure the applicability and the respect for the DIH during the war, but also through the dissuasive character of IHL during the armed conflicts.

    The frequency and the intensity of the international or not international armed conflicts, in the world, arises the question of its applicability.

    Moreover, in order to answer this question of effectiveness of the IHL, we notice, at first sight, that the means of its implementation in peacetime seem not complete; then, that the control of the IHL in situation of armed conflicts remains insufficient and sometimes even derisory. It is important, finally, to focus on other mechanisms to control IHL implementation, like the role of the United Nations, the international criminal justice, the Medias, civil society and the humanitarian NGO, in spite of the critics that can be addressed to each one of these tools.