Responsibility for violations of international humanitarian law and application of the principle of universal jurisdiction

Karovska Andonovska, Biljana (2022) Responsibility for violations of international humanitarian law and application of the principle of universal jurisdiction. International Yearbook Faculty of security. ISSN 1857-6508

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Abstract

Violation of international humanitarian law entails international responsibility for the states and for the individuals who acted in the state's interest. In this regard, this paper is structured so that in one part it discusses the responsibility of states and the legal consequences of violations of the
rules of warfare, while in another part it treats the individual criminal responsibility for war crimes, genocide, and crimes against humanity.
In the paper we will see that locating and calling responsibility in practice is a sensitive issue and a big challenge for the international
community, international organizations and international courts as well. This is one of the reasons why justice is not always served, and why the practice of
impunity is more prevalent than summoning responsibility. We will also see that in these circumstances, the principle of Universal Jurisdiction could be an
effective mechanism that fills gaps in the rules of international criminal responsibility for war crimes, genocide, and crimes against humanity. This principle provides jurisdiction for the national courts over these crimes, even when the crimes did not take place on the territory of that state and neither the
victim nor the perpetrators are its citizens. In that way, the Universal Jurisdiction allows the chain of impunity to be broken. Several cases of national courts that have applied this principle in practice are encouraging and can restore hope to justice.

Item Type:	Article
Subjects:	Social Sciences > Law
Divisions:	Military Academy
Depositing User:	Biljana Karovska Andonovska
Date Deposited:	26 Jan 2023 20:04
Last Modified:	26 Jan 2023 20:04
URI:	https://eprints.ugd.edu.mk/id/eprint/30871

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