Since the Geneva Conventions came into force, the international community has sought to respond to violations of IHL in a variety of ways.

The development of an international criminal justice system, which originated in the World War II war crimes trials, continued with the establishment of two international criminal tribunals responsible for prosecuting those alleged to have committed atrocities in Rwanda and the former Yugoslavia.

In 2002, further developments culminated in the creation of the International Criminal Court, a permanent international tribunal tasked with prosecuting individuals for the crimes of genocide, crimes against humanity and war crimes.

However, notwithstanding the creation of the International Criminal Court, States still have primary responsibility for the implementation and enforcement of IHL within their own national legal systems.

In Australia, IHL is enforced through domestic legislation, particularly the Commonwealth Criminal Code (see Division 268).