Challenges Facing International Cooperation in Addressing War Crimes, With Reference to The Ongoing Conflicts in Ukraine and Gaza Strip

Document Type : Original Article

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1 Ph.D. candidate in international law, Department of International Law, faculty of law, University of Qom, Iran.

2 Assistant Professor, faculty of law, university of Qom, Iran.

10.22091/ijicl.2024.10231.1085

Abstract

The commission of war crimes by States in armed conflicts has become a distressingly common occurrence, resulting in devastating consequences for and profoundly affecting global conscience. In response, international jurists have sought to develop practical and appropriate solutions to minimize the occurrence of such crimes during armed conflicts. Consequently, they have succeeded in devising specialized documents which form the current international system for addressing war crimes. Recruiting a descriptive-analytical method and using library sources, this research aims to investigate the primary causes hindering the efficacy of the current system in holding perpetrators accountable. The study, also explores key international documents related to this subject matter. Findings indicate that challenges such as inadequate implementation mechanisms in these documents, the prioritization of international relations over international law by governments, the absence of participation from major military powers, and the limited use of political tools by others States against the offending States are crucial reasons behind the weakness of the current international system in addressing war crimes.

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