ABSTRACT

A fundamental dilemma underlies the enforcement of humanitarian law (which term I use broadly to include the law of genocide, war crimes, and crimes against humanity). The problem, at bottom, is the classic conundrum of international law: how to enforce supranational norms in an international system in which states are formally equal and independent. In this sense, the problem is a familiar one. In the context of international humanitarianlaw, however, this problem takes on certain unique features.