الردع الجزائي للانتهاكات الجسيمة للقانون الدولي الإنساني

Abstract EN

The grave violations of the rules of the international humanitarian law are those violations committed against persons or property enjoying the protection of international instruments and conventions.

The four Geneva Conventions of 1949 mentioned these violations clearly and explicitly in the First Convention (Article 50), Article 51 of the Second Convention, and Article 130 of the Third Convention, Article 147 of the Fourth Convention and Article 85 of Additional Protocol I of 1977 annexed to the Geneva Conventions, where these articles list a range of acts that can be considered as war crimes.

The concept of grave violations has witnessed a remarkable development at the hands of the international criminal justice in the temporary international criminal courts (Yugoslavia, Rwanda, and the International Criminal Court in Sierra Leone - Cambodia - East Timor) is clearly established in the ICC system, however, the importance of penal deterrence for these violations is highlighted by obligating both contracting and non-contracting parties to respect the rules and principles of war and the principles of international humanitarian law.