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War Crimes and the Conduct of Hostilities

Challenges to Adjudication and Investigation
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
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.
Extent: 416 pp
Hardback Price: $155.00 Online: $139.50
Publication Date: 2013
ISBN: 978 1 78195 591 8
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  • Law - Academic
  • Human Rights
  • Public International Law
  • Terrorism and Security Law
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.
‘Although the public thinks of “war crimes” as a generic term covering all international prosecutions, offences concerning the conduct of hostilities have been largely overshadowed by cases dealing with the oppression of civilians, mainly under the rubric of crimes against humanity. With this excellent and accessible volume, we now have a substantial examination of the criminal law applicable to what was hitherto a somewhat neglected area. Recent judicial decisions indicate that the relevance of the subject seems destined to increase.’
– William Schabas, Middlesex University, UK

‘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
Contents:

Preface

PART I: SETTING THE LEGAL FRAMEWORK
1. The Criminalization of the Violations of International Humanitarian Law from Nuremberg to the Rome Statute
Fausto Pocar

2. Serious Violations of the Law on the Conduct of Hostilities: A Neglected Class of War Crimes?
Paola Gaeta

3. To What Extent do the International Rules on Human Rights Matter?
Edoardo Greppi

PART II: VIOLATIONS OF THE PRINCIPLES OF DISTINCTION, PROPORTIONALITY AND PRECAUTION
4. Direct Attacks on Civilians and Indiscriminate Attacks as War Crimes
Francesco Moneta

5. The Criminalization and Prosecution of Attacks Against Cultural Property
Andrea Carcano

6. Using Human Shields as a War Crime
Marco Pedrazzi

PART III: VIOLATIONS OF THE RULES PROTECTING PARTICULAR CATEGORIES OF PERSONS
7. The Enlistment, Conscription and Use of Child Soldiers as War Crimes
Alberto Oddenino

8. Criminalizing Rape and Sexual Violence as Means of Warfare
Ludovica Poli

9. The Crime of Attacking Peacekeepers
Andrea Spagnolo

PART IV: VIOLATIONS OF THE RULES ON MEANS OF WARFARE
10. The Use of Prohibited Weapons and War Crimes
Andrea Cannone

11. New Weapons, Old Crimes?
Marina Castellaneta

12. The Criminalization of the Use of Biological and Chemical Weapons
Annita Larissa Sciacovelli

13. Arms Transfer and Complicity in War Crimes
Antonio Leandro

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
Giuseppe Nesi

15. Terror and Terrorism in Armed Conflicts: Developments in International Criminal Law
Julinda Beqiraj

16. Fighting Terror within the Law? Terrorism, Counterterrorism and Military Occupations
Marco Pertile

17. The Relevance of International Humanitarian Law in National Case Law on Terrorism
Antonino Alì

PART VI: INVESTIGATIONS AND FACT FINDING: A(N) (IM)POSSIBLE MISSION?
18. The Challenges of Establishing the Facts in Relation to ‘Hague Law’ Violations
Stephen Wilkinson

19. UN Fact-Finding Commissions and the Prosecution of War Crimes: An Evolution Towards Justice-Oriented Missions?
Micaela Frulli

20. Fact-Finding by International Human Rights Institutions and Criminal Prosecution
Simone Vezzani

Index