War Crimes And The Conduct Of Hostilities
Challenges to Adjudication and Investigation
, Marco Pedrazzi
, Micaela Frulli
Edited by Fausto Pocar, Professor Emeritus of International Law, University of Milan, Italy, Appeals Judge and past President ICTY, The Hague, The Netherlands, Marco Pedrazzi, Professor of International Law, Department of International, Legal, Historical and Political Studies, University of Milan, Italy and Micaela Frulli, Associate Professor of International Law, Department of Legal Sciences, University of Florence, Italy
|2013 416 pp Hardback 978 1 78195 591 8
Hardback $155.00 on-line price $139.50
‘This comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual violence, and attacks on peacekeepers. Through rigorous analysis, elegant prose, original insights, and vivacious interconnections, this book enlivens the actual enforcement and application of international war crimes law. This book will serve as an indispensable tool for the many stakeholders invested in evenhanded, informed, and wise pursuit of post-conflict justice through a diverse array of mechanisms.’
– Mark A. Drumbl, Washington and Lee University, US
Contributors: A. Alì, J. Beqiraj, A. Cannone, A. Carcano, M. Castellaneta, M. Frulli, P. Gaeta, E. Greppi, A. Leandro, F. Moneta, G. Nesi, A. Oddenino, M. Pedrazzi, M. Pertile, F. Pocar, L. Poli, A.L. Sciacovelli, A. Spagnolo, S. Vezzani, S. Wilkinson
Full table of contents
Most charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law.
War Crimes and the Conduct of Hostilities identifies the challenges faced by prosecutors, investigators and courts and tribunals in the definition, investigation and adjudication of war crimes, based on violations of the rules of international humanitarian law on the conduct of hostilities. Detailed and topical sections in the book include: violations of the principles of distinction, proportionality and precaution, violations of the rules protecting particular categories of persons, violations of the rules on means of warfare and the special case of terrorism in armed conflicts.
This indispensable study will strongly benefit academics, students, lawyers, judges and practitioners in international criminal law, international humanitarian law and human rights law. Government and public administration officials, along with NGO members, will also find much to interest them in this timely book.
PART I: SETTING THE LEGAL FRAMEWORK
1. The Criminalization of the Violations of International Humanitarian Law from Nuremberg to the Rome Statute
2. Serious Violations of the Law on the Conduct of Hostilities: A Neglected Class of War Crimes?
3. To What Extent do the International Rules on Human Rights Matter?
PART II: VIOLATIONS OF THE PRINCIPLES OF DISTINCTION, PROPORTIONALITY AND PRECAUTION
4. Direct Attacks on Civilians and Indiscriminate Attacks as War Crimes
5. The Criminalization and Prosecution of Attacks Against Cultural Property
6. Using Human Shields as a War Crime
PART III: VIOLATIONS OF THE RULES PROTECTING PARTICULAR CATEGORIES OF PERSONS
7. The Enlistment, Conscription and Use of Child Soldiers as War Crimes
8. Criminalizing Rape and Sexual Violence as Means of Warfare
9. The Crime of Attacking Peacekeepers
PART IV: VIOLATIONS OF THE RULES ON MEANS OF WARFARE
10. The Use of Prohibited Weapons and War Crimes
11. New Weapons, Old Crimes?
12. The Criminalization of the Use of Biological and Chemical Weapons
Annita Larissa Sciacovelli
13. Arms Transfer and Complicity in War Crimes
PART V: THE SPECIAL CASE OF TERRORISM IN ARMED CONFLICTS
14. International Terrorism, the Law of War and the Negotiation of a UN Comprehensive Convention
15. Terror and Terrorism in Armed Conflicts: Developments in International Criminal Law
16. Fighting Terror within the Law? Terrorism, Counterterrorism and Military Occupations
17. The Relevance of International Humanitarian Law in National Case Law on Terrorism
PART VI: INVESTIGATIONS AND FACT FINDING: A(N) (IM)POSSIBLE MISSION?
18. The Challenges of Establishing the Facts in Relation to ‘Hague Law’ Violations
19. UN Fact-Finding Commissions and the Prosecution of War Crimes: An Evolution Towards Justice-Oriented Missions?
20. Fact-Finding by International Human Rights Institutions and Criminal Prosecution