ABSTRACT
This chapter considers the obligation to respect and ensure respect for international humanitarian law (IHL) in Common Article 1 of the Geneva Conventions of August 1949 and their Additional Protocols 1 and 3 focusing on the threat of IHL violations being committed through foreign fighting. Specifically, it examines compliance with the duty to ensure respect for IHL by a State of nationality or permanent residence regarding (would-be) foreign fighters leaving or having left from that territory to fight in a foreign armed conflict. As part of their grappling with the complex issues surrounding foreign fighting, are States considering how to ensure that fighters of all ‘persuasions’ emanating from their jurisdiction are respecting IHL?
