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The scope of protection in an internal armed conflict is smaller than an international armed conflict, in that, the obligation of the duty bearers are limited to the protection of educational institutions. International institutions have been mandated with prosecuting crimes within the Geneva Conventions, in particular, the protection of educational institutions. The international community has increasingly recognise the importance of education in crises situations for the progress of the society. This is evidenced by the growing inclusion of emergency education as part of humanitarian response. Education systems are one of the most sustainable and durable solutions available in conflict affected States. As discussed, humanitarian actors have stepped in to meet the basic right of education of civilians. A long-term solution would also be to build the capacity of local communities and organisations to do so to ensure that they would be self-sustainable.[30] An investment in good governance, which in essence is an investment in people, may be the best way to provide education in emergency situations, because it asserts and invests in a future for children and their communities.Imposing State responsibility would force States to observe rules of humanitarian law and therefore, ensure that their armed forces observe humanitarian law. It is the duty of the State to implement humanitarian law and to provide criminal sanctions for its violations within its own legal system as the ICC acts as a supplement to national systems. The mere existence of the ICC has put pressure on States to ratify the crimes under the Rome Statute and to prosecute international crimes within their domestic jurisdiction to avoid the ICC’s intervention. The prosecution by the ICC would incur individual criminal responsibility.


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