scholarly journals The relationship of international humanitarian law and war crimes: international criminal tribunals and their statutes

2014 ◽  
pp. 117-146
Author(s):  
Robert Cryer
Keyword(s):  
International Criminal ◽  
War Crimes ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Criminal Tribunals ◽  
Relationship Of ◽  
The Relationship

Assistance, direction and control: Untangling international judicial opinion on individual and State responsibility for war crimes by non-State actors

2014 ◽  
Vol 96 (893) ◽  
pp. 243-273 ◽  
Author(s):  
Shane Darcy
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Humanitarian Law ◽  
International Criminal Tribunals ◽  
Specific Direction ◽  
Significant Disagreement ◽  
State Actors

AbstractDespite the general consistency in the treatment of international humanitarian law by international courts and tribunals, recent decisions have seen significant disagreement regarding the scope of indirect responsibility for individuals and States for the provision of aid or assistance to non-State actors that perpetrate war crimes. The divisions at the international criminal tribunals with regard to the “specific direction” element of aiding and abetting are reminiscent of the divergence between the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia on the question of State responsibility for supporting or assisting non-State actors that engage in violations of international law. This article analyzes this jurisprudence on individual and State responsibility for the provision of support to non-State actors that breach international humanitarian law, and considers the interaction and interrelationship between these related but distinct forms of responsibility.

scholarly journals ON THE QUESTION OF THE RELATIONSHIP OF WAR AND MILITARY CRIMES IN INTERNATIONAL AND NATIONAL LAW

2021 ◽  
pp. 220-228
Author(s):  
T. S. Sadova
Keyword(s):  
International Criminal Court ◽  
Military Service ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Code ◽  
Criminal Court ◽  
Humanitarian Law ◽  
Relationship Of ◽  
The Relationship

The article is devoted to the study of military (crimes against the established order of military service) and war crimes. Particular attention is paid to the concept and features of these phenomena. The sources of both international and national law were also considered for the comparative characteristics of military and war crimes in order to understand their meaning and avoid the shift of these concepts. We have explored various aspects of the concept of war crimes. They are violations of the laws and customs of war. War crimes are serious violations of international law. They are violations of the Geneva Conventions of August 12, 1949. There is a list of war crimes in the Rome Statute of the International Criminal Court. This list is contained in Аrt. 8. The list of war crimes is contained in Art. 18 of the Draft Code of Crimes against the Peace and Security of Humanity too. International jurisprudence shows that there is a special subject of war crimes. The author of the article studied the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Application of International Criminal and Humanitarian Law”. This bill proposes to exclude certain articles on military crimes and to introduce new articles on war crimes into the Criminal Code of Ukraine. The new war crimes articles contain a list of war crimes. This list is substantially similar to the list of war crimes contained in the Rome Statute of the International Criminal Court. The concept of war and military crimes is given. The main differences between military and military crimes are revealed. Identical signs of war and military crimes have been studied. As a result, the author of the article has made a conclusion about the relationship between war and military crimes under international and national law.

Trying Violations of Human Rights in International Criminal Tribunals

2021 ◽  
pp. 103-115
Author(s):  
Theodor Meron
Keyword(s):  
Human Rights ◽  
International Criminal ◽  
War Crimes ◽  
The Other ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Criminal Tribunals ◽  
Geneva Conventions

This chapter details the ways in which international criminal tribunals such as the ICTY have contributed to human rights law and protections. In construing the material elements of crimes under international humanitarian law, international criminal tribunals have had recourse to human rights law and jurisprudence, thereby strengthening human rights law and opening new avenues for its penal enforcement. The beginnings of these developments can be traced, first, to the drafting of crimes against humanity clauses in the Nuremberg Charter and, second, to the drafting of Common Article 3 of the Geneva Conventions. The tribunals have also made immense contributions to strengthening the proscriptions of rape as war crimes, crimes against humanity, and genocidal acts. With respect to persecution, the ICTY held that persecution is the gross or blatant denial, on discriminatory grounds, of a fundamental right, laid down in international customary or treaty law, reaching the same level of gravity as the other acts prohibited as crimes against humanity.

The International Criminal Court and Non-International Armed Conflicts

2000 ◽  
Vol 13 (2) ◽  
pp. 395-425 ◽  
Author(s):  
Heike Spieker
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Responsibility ◽  
War Crimes ◽  
Criminal Court ◽  
Armed Conflicts ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conflicts

Non-international armed conflicts are more numerous, more brutal and entail more blood-shed today than international ones. The Statute of the International Criminal Court explicitly upholds the traditional distinction between international and non-international conflicts, and armed conflicts will have to be characterized accordingly. But the tendency to adapt the international humanitarian law (IHL) regime for non-international conflicts to the rules for international ones emerges. Article 7 on Crimes Against Humanity and Article 8(2)(c) and (e) on War Crimes amount to real progress in this respect. Yet, the regulation on war crimes in particular does not provide for comprehensive criminal responsibility of individual perpetrators in non-international conflicts.

It is all in the Process: Reflections on the Relation between International Criminal Trials and International Humanitarian Law

2009 ◽  
Vol 78 (4) ◽  
pp. 469-480
Author(s):  
Frederik Harhoff
Keyword(s):  
International Criminal ◽  
Substantial Contribution ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Criminal Trials ◽  
Law System ◽  
International Criminal Tribunals ◽  
Civil Law System ◽  
Real Challenge ◽  
International Criminal Trials

AbstractWhile much attention has been drawn all along to the substantial contribution by the jurisprudence of the international criminal tribunals to the development of international humanitarian law, the criminal legal procedural aspect of the tribunals' jurisprudence has been less prominent. The present article seeks to highlight the material importance of this much neglected aspect of the tribunal's jurisprudence. It illustrates the delicate interplay between the common law system and the civil law system and demonstrates how the latter is better suited to control very complex trials. It also explains why international criminal trials are inherently lengthier than criminal trials in domestic courts. Ultimately, the author argues, it is not sufficient to just agree on the crimes and how to define them; the real challenge lies in how you apply the evidence to these definitions.

International Humanitarian Law, War Criminality and Child Recruitment: The Special Court for Sierra Leone's Decision in Prosecutor v. Samuel Hinga Norman

2005 ◽  
Vol 18 (2) ◽  
pp. 283-297 ◽  
Author(s):  
MATTHEW HAPPOLD
Keyword(s):  
International Law ◽  
Sierra Leone ◽  
International Criminal ◽  
Appeal Chamber ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Criminal Tribunals ◽  
The Status ◽  
Insight Into

The recent decision of the Appeals Chamber of the Special Court for Sierra Leone in Prosecutor v. Samuel Hinga Norman not only addresses the status of child recruitment as a war crime, but also provides an insight into how international criminal tribunals determine what conduct is criminal in international law. However, the authority of the decision is weakened by the unconvincing evidence relied upon by the Appeal Chamber in coming to its conclusions and by a strong dissent from Justice Robertson. The decision's faults, however, merely reflect problems in the process whereby violations of international humanitarian law are criminalized.

War Crimes in International Versus Non-International Armed Conflicts: "New Wine in Old Wineskins"?

2008 ◽  
Vol 8 (1-2) ◽  
pp. 319-329 ◽  
Author(s):  
Gauthier de Beco
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Trial Chamber ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law

AbstractThis note discusses the distinction between international and non-international armed conflicts in the prosecution of war crimes before the International Criminal Court. It analyses the international humanitarian law applicable to both kinds of conflict, and the way in which the International Criminal Tribunal for the former Yugoslavia succeeded in prosecuting war crimes committed in non-international armed conflicts. It also studies the two war crimes regimes provided for in the Rome Statute of the International Criminal Court. The note then examines how Pre-Trial Chamber I dealt with this issue in its Decision on the confirmation of charges against Thomas Lubanga Dyilo and the problems it faced in doing so. It concludes with a plea for the abolition of the distinction between international and non-international armed conflicts with respect to war crimes in the Rome Statute of the International Criminal Court.

International criminal justice: tightening up the rules of the game

2006 ◽  
Vol 88 (861) ◽  
pp. 133-144 ◽  
Author(s):  
Luc Côté
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Humanitarian Law ◽  
International Criminal Justice ◽  
Humanitarian Law ◽  
International Criminal Tribunals ◽  
Recent Developments ◽  
Per Se ◽  
Rules Of The Game ◽  
Discretionary Powers

Although much has been said and written about the creation of the international criminal tribunals and their contribution to the development of international humanitarian law, there have been very few studies of the international prosecutor per se. In this article the author briefly surveys recent developments in the international criminal justice institutions, focusing particularly on the limits recently imposed on the discretionary powers of international prosecutors.

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