How International Humanitarian Law Is Implemented: National and International Levels

The effective implementation of international humanitarian law (IHL) depends on states ensuring compliance with international legal norms. It is important to note that the primary responsibility for implementing IHL lies with the state, which is why most IHL provisions are applied at the national level.

While the majority of IHL norms take effect upon the outbreak of armed conflict, some provisions require states to take preparatory measures during peacetime. These include adopting relevant legislation, establishing dedicated bodies for IHL implementation, promoting awareness and dissemination of IHL among the general public and state officials, and ensuring mechanisms for investigating and prosecuting IHL violations.

Ukraine currently has specific legislation and designated state institutions tasked with the implementation of IHL. These include, in particular, the Interdepartmental Commission on the Application and Implementation of International Humanitarian Law (the IHL Commission) and the National Information Bureau. Regarding accountability for serious breaches of IHL or war crimes, Article 438 of the Criminal Code of Ukraine provides for criminal liability for such offences.

At the international level, the implementation of international humanitarian law (IHL) is supported by general mechanisms of international responsibility for states that violate its norms. These mechanisms include, first and foremost, the imposition of sanctions, exclusion from international organisations, the severance of diplomatic relations with the violating state, and the imposition of both material and political liability.

International criminal justice mechanisms also play a key role. These include, in particular, the International Criminal Court (ICC) in The Hague. In 2024, the Verkhovna Rada of Ukraine ratified the Rome Statute of the ICC, which sets out the Court’s procedures and defines the crimes under its jurisdiction, including war crimes, crimes of aggression, genocide, and crimes against humanity.

The Ukrainian Red Cross plays an important role in promoting awareness of IHL and provides expert support to the Ukrainian authorities in the implementation of its provisions at the national level.