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Individualization of international obligations

The existence of customary and treaty norms applicable in internal conflicts is now more subject to doubt. Moreover, the question of whether the norms of humanitarian law are addressed only to states – which would be the only ones to take responsibility for non-compliance – or also go to the individual who is then likely of rape directly by his behavior, now also seems resolved in favor of the latter possibility, it is a domestic or international conflict.

It quickly highlight the fact that the substance of the rules of Article 3 common to the four Geneva Conventions of 1949 and of Additional Protocol II thereto (eg Article 4 relating to fundamental guarantees) is often referred to individual acts, there exists an obligation to broadcast (Protocol II, Article 19) and the obligation to “enforce” the rules of humanitarian law (which is a component for the state to force the Compliance with these standards not only their bodies but all persons under its jurisdiction) is also applicable in internal conflicts . All these elements contribute to the affirmation that this is also the law applicable in such conflicts to regulate the conduct of individuals.

We can not overlook in this connection to refer to the following statement of the International Military Tribunal at Nuremberg: “[t] are men, not abstract entities that commit crimes whose punishment is necessary, as a sanction International Law.