Palestine's Accession to Geneva Convention III: Typology of Captives Incarcerated by Israel

Author(s):  
Mutaz M. QAFISHEH ◽  
Ihssan Adel MADBOUH

Abstract Upon the 2014 State of Palestine's accession to Geneva Convention III, captured Palestinians who took part in belligerent acts against the occupier should be treated as prisoners of war due to the fact that they belong to a party to an armed conflict. These individuals fall under three categories: members of security forces, affiliates of armed resistance groups, and uprisers who fight the occupant spontaneously on an individual basis. Contrary to established rules of IHL, Israel does not make any distinction regarding the status of these three types. Unilateral Israeli treatment of its captives does not hold water under international law. Such actions may trigger liability based on international criminal law, particularly as the ICC decided in 2021 that it possesses jurisdiction to investigate crimes occurring in the territory of Palestine. The mere fact of confining prisoners of war after the cessation of hostilities may constitute a ground for criminal prosecution.

2020 ◽  
Vol 22 (1-4) ◽  
pp. 231-246
Author(s):  
Emily Crawford

In this article, Emily Crawford explores one set of key institutional and legal responses to, and consequences of, the Rwanda genocide – the ictr and the revival of icl that the ictr and the icty heralded. Tracing the development of the concept and institutions of icl, Crawford observes how the case law of the [ad hoc] tribunals, and the ictr in particular, were pivotal in progressively developing the international law of genocide, and the law of non-international armed conflict’.


2000 ◽  
Vol 13 (1) ◽  
pp. 105-138
Author(s):  
Lyal S. Sunga

The Čelebići Trial Judgment, rendered by the International Criminal Tribunal for the Former Yugoslavia – the first ever to involve the joint trial of more than one accused – considers numerous important issues, from the method of interpreting international criminal law, the meaning and interrelationship between Articles 2 and 3 of the Statute, the character of the armed conflict and the status of “protected persons”, to many difficult questions surrounding the heinous acts perpetrated in Čelebići Camp. This comment analyzes the reasoning of the Trial Chambers to critically evaluate the significance of this fascinating case for the future development of international criminal law doctrine.


2021 ◽  
pp. 296-316
Author(s):  
Anders Henriksen

This chapter looks at the purposes and principles of international criminal law. International criminal law seeks to ensure that perpetrators of certain heinous acts are criminally liable for their acts, either before national or international criminal courts or tribunals. It is a fairly recent addition to international law and it was not until after the end of the Second World War that it became accepted that international law authorizes the criminal prosecution of individual perpetrators of serious offences. The chapter begins by discussing the most important sources of international criminal law. It then examines the prosecution of international crimes before international criminal courts, including the conditions for prosecuting suspected international criminals before the International Criminal Court. It also discusses the national prosecution of international crimes and the obligation found in a number of conventions to criminalize and prosecute certain conduct.


Author(s):  
Anders Henriksen

This chapter looks at the purposes and principles of international criminal law. International criminal law seeks to ensure that perpetrators of certain heinous acts are criminally liable for their act, either before national or international criminal courts or tribunals. It is a fairly recent addition to international law and it was not until after the end of the Second World War that it became accepted that international law authorizes the criminal prosecution of individual perpetrators of serious offences. The chapter begins by discussing the most important sources of international criminal law. It then examines the prosecution of international crimes before international criminal courts, including the conditions for prosecuting suspected international criminals before the International Criminal Court. It also discusses the national prosecution of international crimes and the obligation found in a number of conventions to criminalize and prosecute certain conduct.


Author(s):  
Nataliia Plakhotniuk ◽  
Maryna Irzhova

The article emphasizes that the crime of aggression is considered the most serious crime against peace since the Nuremberg Tribunal,which is recognized by both domestic and Western doctrine. Amendments to the Rome Statute in 2010 defined signs of aggressionas an international crime and clarified the rules for exercising the jurisdiction of the International criminal court. Optimistic expectationsfor establishing effective jurisdiction of the court over this international crime have been dashed. As a result, it is concluded thateffective international criminal prosecution of the crime of aggression is possible only if the norms of the Rome Charter that cause themost negative reaction from the leading States are reviewed.It should be noted that in respect of a state that is not a party to the Rome Statute, the Court will not exercise its jurisdiction overthe crime of aggression committed by nationals of that state or on its territory.The International criminal court should serve as a symbol of international justice, which makes just decisions related to violationsof international law. As for the procedure for implementing the proceedings of the International criminal court, it is worth noting thatsuch a procedure for executing the decision of the ISS is double. The dual procedure for the enforcement of decisions of the InternationalCriminal Court is the Foundation of the Rome Charter and represents a new system in the history of public international law inthe field of international responsibility.Thus, it is possible to see that although at first glance the long process of formulating and adopting a unified definition of thecrime of aggression at the international level to succeed, thorough the consideration allows you to comprehend the profound incompletenessof this process. Features of the crime of aggression provided for in the draft edits the Rome Statute, as well as the amendmentmechanism itself, illustrate the real lack of a mechanism for holding individuals internationally responsible for its Commission, as wellas the rather disappointing prospect of positive changes in the near future.Despite the conflicts that arise between the norms of national criminal law and the provisions of the ISS Charter, the procedureitself is an effective legal instrument aimed at maintaining international peace and security. The joint work of the International CriminalCourt and the UN Security Council makes it possible to try cases of international crimes and take effective measures to counter suchcrimes. As a key component of the International criminal justice system, the International criminal Court is one of the most significantinstitutions of international criminal law, which is constantly developing and to a certain extent affects the patterns in the developmentof mechanisms for the investigation of international crimes and the protection of human rights at the international and national levels.


2021 ◽  
Vol 5 (1) ◽  
pp. 81-97
Author(s):  
Astrid Adelina ◽  
Nadhifa Khairunissa Ishadi

ABSTRACT Armed conflict situations will always have real negative implications, one of them is the attack against civilians. Civilians are considered as non-combatant, they do not participate in armed conflicts, thus they should not be targeted and attacked. One of the civilian groups who have special protection is women. But, in reality, women still frequently become the main victim. In the case of non-international armed conflict between Nigeria and Boko Haram, it is found that 2000 female students were abducted. They were sexually abused such as raped, sexual slavery, forced marriage, trafficked and ordered to commit suicide bombing. Nigeria is a state party to Additional Protocol II of the 1949 Geneva Convention as well as Rome Statute 1998. Nonetheless the crimes cannot be avoided and go unpunished. This paper highlights the analysis of the crime addressed to women from the perspective of international humanitarian law and international criminal law particularly in regards to the law enforcement. Research indicates that there is impunity which causes unwillingness of Nigeria to enforce the law against Boko Haram. Hence the international mechanism through ICC can be the best option to bring justice. Keywords: Boko Haram, International Criminal Law, International Humanitarian Law, Non-International Armed Conflict, Women.   ABSTRAK Keadaan konflik bersenjata akan selalu memiliki implikasi negatif yang nyata, salah satunya terhadap pihak sipil. Pihak sipil disebut sebagai non-kombatan, yaitu orang-orang yang tidak berpartisipasi di dalam konflik bersenjata, yang berarti orang-orang tersebut bukanlah target dan tidak boleh diserang. Salah satu pihak yang mendapat perlindungan khusus adalah perempuan. Tetapi, pada kenyataannya perempuan masih sering menjadi korban utama. dalam konflik non-internasional antara Nigeria dan Boko Haram, ditemukan fakta 2000 pelajar perempuan diculik. Mereka mengalami berbagai kekerasan seksual seperti pemerkosaan, budak seks, kawin paksa, perdagangan manusia, dan bahkan untuk melakukan bom bunuh diri. Nigeria adalah negara pihak Protokol Tambahan II Konvensi Jenewa 1949 dan Statuta Roma 1998. Namun kejahatan-kejahatan tersebut tidak dapat terhindari dan tidak diadili. Tulisan ini menitikberatkan penegakan hukum terkait kejahatan terhadap perempuan dilihat dari perspektif hukum humaniter internasional dan hukum pidana internasional. Berdasarkan penelitian, terdapat praktek impunitas yang menunjukan ketidakmauan Nigeria untuk melakukan penegakan hukum terhadap Boko Haram sebagai pelaku kejahatan tersebut. Oleh karenanya mekanisme ICC dapat merupakan pilihan terbaik untuk menegakan keadilan. Kata Kunci: Boko Haram, Hukum Humaniter Internasional, Hukum Pidana Internasional, Konflik Bersenjata Non-Internasional, Perempuan


2019 ◽  
pp. 303-323
Author(s):  
Anders Henriksen

This chapter looks at the purposes and principles of international criminal law. International criminal law seeks to ensure that perpetrators of certain heinous acts are criminally liable for their acts, either before national or international criminal courts or tribunals. It is a fairly recent addition to international law and it was not until after the end of the Second World War that it became accepted that international law authorizes the criminal prosecution of individual perpetrators of serious offences. The chapter begins by discussing the most important sources of international criminal law. It then examines the prosecution of international crimes before international criminal courts, including the conditions for prosecuting suspected international criminals before the International Criminal Court. It also discusses the national prosecution of international crimes and the obligation found in a number of conventions to criminalize and prosecute certain conduct.


Author(s):  
Nataliia Plakhotniuk ◽  
Maryna Irzhova

The article emphasizes that the crime of aggression is considered the most serious crime against peace since the Nuremberg Tribunal,which is recognized by both domestic and Western doctrine. Amendments to the Rome Statute in 2010 defined signs of aggressionas an international crime and clarified the rules for exercising the jurisdiction of the International criminal court. Optimistic expectationsfor establishing effective jurisdiction of the court over this international crime have been dashed. As a result, it is concluded thateffective international criminal prosecution of the crime of aggression is possible only if the norms of the Rome Charter that cause themost negative reaction from the leading States are reviewed.It should be noted that in respect of a state that is not a party to the Rome Statute, the Court will not exercise its jurisdiction overthe crime of aggression committed by nationals of that state or on its territory.The International criminal court should serve as a symbol of international justice, which makes just decisions related to violationsof international law. As for the procedure for implementing the proceedings of the International criminal court, it is worth noting thatsuch a procedure for executing the decision of the ISS is double. The dual procedure for the enforcement of decisions of the InternationalCriminal Court is the Foundation of the Rome Charter and represents a new system in the history of public international law inthe field of international responsibility.Thus, it is possible to see that although at first glance the long process of formulating and adopting a unified definition of thecrime of aggression at the international level to succeed, thorough the consideration allows you to comprehend the profound incompletenessof this process. Features of the crime of aggression provided for in the draft edits the Rome Statute, as well as the amendmentmechanism itself, illustrate the real lack of a mechanism for holding individuals internationally responsible for its Commission, as wellas the rather disappointing prospect of positive changes in the near future.Despite the conflicts that arise between the norms of national criminal law and the provisions of the ISS Charter, the procedureitself is an effective legal instrument aimed at maintaining international peace and security. The joint work of the International CriminalCourt and the UN Security Council makes it possible to try cases of international crimes and take effective measures to counter suchcrimes. As a key component of the International criminal justice system, the International criminal Court is one of the most significantinstitutions of international criminal law, which is constantly developing and to a certain extent affects the patterns in the developmentof mechanisms for the investigation of international crimes and the protection of human rights at the international and national levels.


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