Why do treaties require countries to try or extradite people suspected of grave breaches of the Geneva Conventions?

Treaties require countries to try or extradite individuals suspected of grave breaches of the Geneva Conventions to ensure that these serious offenses do not go unpunished, regardless of where they occur or who commits them.12

This requirement is rooted in the principle of aut dedere aut judicare (Latin for "either adjudicate or extradite"), which establishes that national governments have a legal duty to either prosecute the offenders themselves or extradite them to another country prepared to conduct a trial. By mandating this, international law seeks to eliminate safe havens for those who commit acts such as willful killing, torture, or inhuman treatment.12

This framework is essential for upholding the rule of law, as it ensures that individuals—including military and civilian leaders—are held accountable for their actions. Because these crimes are considered offenses against the international community, the obligation to prosecute or extradite serves as a vital mechanism for enforcing the provisions of international humanitarian law.123