When facing a climate sensation of impunity concerning flagrant, massive and systematic violations of International Humanitarian Law (IHL), the question arises of what to do to make less burdensome the condition of the victims. Frequently, one thinks of punishing the perpetrators of these violations, when in fact the problem is much more complex. In our opinion, without prejudice to the role played by legal sanctions, is the prevention of the crime where the greatest difficulties appear to guarantee the respect for the IHL.

It is precisely where our reflections point. In this regard, we intend to address the scope and content of the obligation –not simply as a duty– to prevent vio- lations or breaches of IHL. But it will be in a second instance where we will approach the obligations of the State specifically in this area. Finally, we will address the question of the obligations regarding to the conduct of hostilities and operational law, in particular; because it is there where the legal regula- tions find its biggest challenge.