ABSTRACT

One important aspect of individual responsibility is the principle that individuals are criminally responsible for violations of the rules of war. This chapter begins by examining the historical development of international liability for violations of the rules of war. It focuses on the views of the Vietnam Generation regarding individual responsibility. Special attention is given to their levels of awareness of humanitarian law and their views on what caused violations of existing international rules. The chapter analyses the generation's attitudes toward the responsibility of soldiers, officers, and governments in time of war. A more controversial aspect of individual responsibility is the question of an international criminal liability for war crimes under a generally accepted international penal code. Public awareness of a system of humanitarian law operative in wartime is a powerful tool and can perhaps in the long run do more to secure better treatment of the individual in time of armed conflict than judicial action.