The Law of War Crimes: National and International Approaches. Edited by Timothy L. H. McCormack and Gerry J. Simpson. The Hague, London, Boston: Kluwer Law International, 1997. Pp. xxvii, 254. Fl 175; $114; £77.

1998 ◽  
Vol 92 (1) ◽  
pp. 158-160
Author(s):  
Dietrich Schindler
Keyword(s):  

1984 ◽  
Vol 24 (242) ◽  
pp. 263-273
Author(s):  
Géza Herczegh

In a rich and abundant literature on the subject of international humanitarian law, two trends in the interpretation of the term “humanitarian law” stand out: one takes it in its broad meaning, the other in a narrow sense. According to the definition by Jean S. Pictet, humanitarian law, in the broad interpretation, is constituted by all the international legal provisions, whether written or customary, ensuring respect for the individual and the development of his life. Humanitarian law includes two branches: the law of war and human rights. The law of war, still following Professor Pictet's definition, can be subdivided into two sections, that of The Hague, or the law of war, in the strict sense, and that of Geneva, or humanitarian law, in the narrow sense. It is often difficult to distinguish clearly between these branches of law, and especially between the law of The Hague and the law of Geneva, because of the reciprocal influence each has had on the development of the other, to the extent that some well-known experts considered the traditional difference between them out-of-date and superfluous.



2019 ◽  
pp. 201-250
Author(s):  
George P. Fletcher

This chapter focuses on the law of war and its many distinctions. The supreme distinction in this book is between lawful and unlawful. However, in the law of war, the distinctions multiply beyond control. Whether troops fighting abroad constitutes war is itself a disputed question; there has been a tendency in recent years to use “armed conflict” or “police action.” For the purposes of analyzing the Rome Statute and, in particular, Article 8 on war crimes, one has to assume an international perspective. Most countries in the international legal order are not democracies, and the internal allocation of power is not relevant to whether they violate Article 8. The complexity of Article 8 challenges the mind, with at least 50 distinct offenses. The chapter then elaborates on the perspectives necessary to grasp the general structure of war crimes in the international legal order.



Author(s):  
Gary D. Solis

Throughout the US-Vietnam conflict (1965–1973), American forces labored to comply with the Geneva Conventions and customary laws of war, though US war crimes largely overshadowed those efforts. This chapter relates the training US forces received on the law of war and describes how military lawyers practiced law “in country.” US combatants were constantly directed to report war crimes, known or suspected. Too often those directives were not obeyed. My Lai is fully examined, including its badly failed military prosecutions. Disturbing post-trial clemency by civilian authorities, in many cases, is also detailed. On the whole, however, the sentences of US personnel convicted by courts-martial of war crimes were sincere efforts to appropriately punish battlefield criminality. This chapter argues that, under difficult conditions, US military efforts in Vietnam to comply with the Geneva Conventions, and to punish known US war crimes, were more genuine and effective than have been generally recognized.



2009 ◽  
Vol 12 ◽  
pp. 119-155 ◽  
Author(s):  
Brian J. Bill

AbstractUnlike most other areas of international law which address only State responsibilities, the law of war assigns to individuals the responsibility to observe positive rules. The threat of being charged with a war crime, with all the attached opprobrium, is the chief means by which observance of the law of war is ensured. No one could rightly argue that war crimes prosecutions, even if they were always effectively prosecuted – and they are not – ensure perfect compliance with the law, but they are the best mechanism devised to date. Although war crimes trials has earlier antecedents, the prosecutions following World War II marked the beginning of the modern war crimes model.World War II prosecutions were notable for the scale of atrocities alleged in the various indictments. Once the crimes were defined, and the architecture put in place to establish the various tribunals, proof of wrongdoing was rarely in doubt. There were expected legal issues to be sure: claims ofex post factocrimes, immunities for acts of state, and the defense of superior orders, among many others; but in general prosecutors fully expected convictions across the board. And many convictions did result, though there were several exceptions that resulted in full or partial acquittals.



1968 ◽  
Vol 8 (82) ◽  
pp. 7-15
Author(s):  
W. J. Ford

In his article quoted last month, L. C. Green raises a question which is of paramount importance in the context of the present study, namely whether members of resistance movements have to observe the law of war and more specifically Articles 1 and 2 of the Hague Regulations in their struggle against the aggressor. In other words: does the fact that partisans fight to defend their country legitimate their status? The question is so important that it merits further discussion.



1968 ◽  
Vol 8 (93) ◽  
pp. 611-625 ◽  
Author(s):  
Henri Meyrowitz

The oldest of the international conventions concerning the prohibition of the employment of certain weapons, that is to say deriving from that part of the law of war, sometimes known as the “law of The Hague”, to distinguish it from the “law of Geneva”, will be a hundred years old this month: the Declaration of St. Petersburg of November 29—December 11, 1868.



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