War is inevitable. There is always a need to balance military necessity with the principle of humanity. This work unravels the problem of prosecution of international humanitarian law crimes at national level. In order to attempt to solve this problem, this research employed the doctrinal approach and some viable findings were made, which include the fact that, state has a functional primary role in the prosecution of international humanitarian law crimes, since this was the intent of the draftmen of the first Geneva Convention. This work has also found out that, the prosecution of war crimes or international humanitarian crimes at the ICC take longer time to be concluded.