“to respect and ensure respect for the Conventions in all circumstances.”207 The wording “ensure respect” implies a positive duty for all state parties, independently of their involvement in a given armed conflict, to take measures aimed at ensuring compliance with the rules set out in the Geneva Conventions, putting an end to ongoing violations208 and preventing their occurrence.209 This obligation constitutes an obligation of means (or obligation of due diligence) which does not require states to reach a specific result, but rather imposes a specific duty of conduct, regardless of the achievement of the desired outcome. Examples of possible measures include actions aimed at exerting diplomatic pressure, retorsion,210 and actions taken in cooperation with international organizations. Additionally, according to Article 146 of the Fourth Geneva Convention, each state party is under an obligation to prosecute persons alleged to have committed, or ordered to be committed, grave breaches of IHL, who are in its 1948 borders. This obligation allows states to exercise jurisdiction in their own courts regardless of the nationality of those persons involved, or the absence of any connection between the crime committed and the prosecuting state’s territory (thus applying the principle of universal jurisdiction). If a state prefers they may hand such persons to another state party for trial.211 Third State Obligations under International Criminal Law International Criminal Law is a body of international law aimed at ensuring the personal accountability of perpetrators of particularly heinous international crimes including, inter alia, war crimes and crimes against humanity – which include the crimes of apartheid and forcible transfer.212 Under the Rome Statute of the International Criminal Court, all state parties are subject to a general duty of cooperation with the International Criminal Court (ICC) 207 Article 1, Geneva Conventions I, II, III, IV. 208 Rule 144 of the ICRC Customary Law Study provides, inter alia, that states “must exert their influence, to the degree possible, to stop violations of International Humanitarian Law”. See ICRC, Customary IHL, Rule 144. Ensuring Respect for International Humanitarian Law Erga Omnes, available at: https:// ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule144 [accessed 7 June 2018]. 209 See e.g. UN Security Council Resolution 681, where the Security Council called upon the contracting parties “to ensure respect by Israel, the occupying power, for its obligations” in accordance with Common Article 1 (UN Security Council, Security Council Resolution 681, S/RES/681, 20 December 1990, ‎available at: https://unispal.un.org/DPA/DPR/unispal.nsf/0/E22E5043636EEE55852560DD00637DF4 [accessed 8 June 2018]). 210 Unfriendly conduct which is not inconsistent with any international obligation of the state engaging in it even though it may be a response to an internationally wrongful act. See ILC, Draft Articles on Responsibility, supra note 34‎, 128. 211 GCIV, supra note 20, art. 146. 212 Rome Statute of the ICC, supra note 22, art. 7(1)(d), 7(1(j), 8(2)(a)(vii). 64