State Responsibility for Violations of International Humanitarian Law

International humanitarian law (IHL) imposes obligations on States under international law both during armed conflict and in peacetime. A State bears responsibility for any breach of an obligation arising from IHL treaties that are binding upon it, as well as from the rules of customary international humanitarian law.

In peacetime, States are required to incorporate IHL into their domestic legislation, establish mechanisms for its implementation, and disseminate knowledge of IHL. Failure to fulfil these obligations also constitutes a breach of the State’s international legal obligations.

During armed conflict, a State is responsible for any violations of IHL, including those committed by its armed forces and State authorities. Of particular significance are grave breaches of IHL, as defined in the 1949 Geneva Conventions and Additional Protocol I. These include, among others, deliberate attacks against civilians and civilian objects, torture, unlawful deportation, hostage-taking, indiscriminate attacks, and the perfidious use of protected emblems.

A State responsible for a violation is required to cease the wrongful conduct and make full reparation for the harm caused through restitution, compensation, or satisfaction.

“A Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.” (Article 91 of Additional Protocol I)

The Geneva Conventions also require States to search for persons alleged to have committed grave breaches of IHL and either prosecute them before their own courts or hand them over to another State for prosecution. Failure to fulfil this obligation gives rise to international legal responsibility not only for the underlying violation of IHL but also for failing to take the necessary measures to ensure accountability.

One of the State’s international legal obligations is to disseminate knowledge of international humanitarian law. The Ukrainian Red Cross supports the State in fulfilling this responsibility by carrying out awareness-raising activities and organising training sessions and workshops for a wide range of professional audiences. This forms an important part of Ukraine’s fulfilment of its international legal obligations under IHL.