Extracto
This article seeks to explore the reasons why sanctions for international humanitarian
law (IHL) violations are so difficult to put into effect. Beyond the lack of willingness of
states to do so for political reasons, some more technical aspects should be emphasized.
The implementation of sanctions is too often seen solely through the prism of
international law, without enough attention being paid to the complexity and
diversity of municipal legal systems. The author puts forward the idea that efficiency
starts with a clear sharing of competencies. Three main issues are discussed: first, the
influence of the sharing of competencies within the state (between the judiciary, the
executive and the legislature) on the implementation of sanctions; second, the broad
interpretation of their powers by regional or international bodies in charge of
monitoring and reviewing human rights protection; and, third, the creation of new or
specific bodies in charge of dealing with and if necessary punishing gross violations of
humanitarian law.