Thursday, January 12, 2012

Cohen & Shany: Beyond the Grave Breaches Regime: The Duty to Investigate Alleged Violations of International Law Governing Armed Conflicts

Amichai Cohen (Ono Academic College - Law) & Yuval Shany (Hebrew Univ. of Jerusalem - Law) have posted Beyond the Grave Breaches Regime: The Duty to Investigate Alleged Violations of International Law Governing Armed Conflicts (Jerusalem Review of Legal Studies, forthcoming). Here's the abstract:
The purpose of the present article is to critically evaluate the contemporary international law obligation to investigate military conduct in times of conflict and to identify relevant normative trends. In a nutshell, we argue that the traditional focus on the Geneva grave breaches regime in the context of military investigations is misplaced. The duty to investigate is far broader – encompassing the alleged violation of many other norms of IHL and IHRL.