OBLIGATIONS OF STATES ON ACCOUNTABILITY FOR WAR CRIMES UNDER INTERNATIONAL CRIMINAL LAW

Abstract

In view of atrocities committed by individuals and groups in armed conflict zones in the world, the question of accountability for war crimes continues to dominate discourse on International Criminal Law. Many international legal instruments prohibit war crimes and place obligations on States to ensure that perpetrators are held accountable. Consequently, some perpetrators have been identified and held accountable, while others have not been held accountable. This paper examined the obligations of States in holding perpetrators of war crimes accountable. The paper made use of the doctrinal method of research. It found that although there are adequate legal framework prohibiting war crimes which also place obligations on States to ensure enforcement by holding perpetrators accountable, some States fail, neglect or refuse to perform these obligations thereby making many perpetrators not to be held accountable. This paper recommends: increased involvement of the world community in addressing the challenges of States to enable them carry out their obligations of enforcement of relevant legal framework aimed at holding perpetrators of war crimes accountable; increased collaboration amongst States on the enforcement of relevant legal framework on war crimes; improved encouragement and support for States that perform their obligations of ensuring the enforcement of the legal framework on war crimes for accountability of perpetrators; increased intensification of international pressure through diplomacy on States that fail to perform their obligations as well as sanctioning of such States and addressing the issues of the rights and protection of victims.