War crimes and the conduct of hostilities

challenges to adjudication and investigation

War crimes and the conduct of hostilities
Fausto Pocar, Marco Pedrazzi, ...
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Last edited by MARC Bot
September 29, 2024 | History

War crimes and the conduct of hostilities

challenges to adjudication and investigation

"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. 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.

Publish Date
Language
English
Pages
383

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Edition Availability
Cover of: War crimes and the conduct of hostilities
War crimes and the conduct of hostilities: challenges to adjudication and investigation
2013, Edward Elgar, Elgar Publishing, Incorporated, Edward
in English

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Book Details


Table of Contents

The criminalization of the violations of international humanitarian law from Nuremberg to the Rome Statute / Fausto Pocar
Serious violations of the law on the conduct of hostilities : A neglected class of war crimes? / Paola Gaeta
To what extent do the international rules on human rights matter? / Edoardo Greppi
Direct attacks on civilians and indiscriminate attacks as war crimes / Francesco Moneta
The criminalization and prosecution of attacks against cultural property / Andrea Carcano
Using human shields as a war crime / Marco Pedrazzi
The enlistment, conscription and use of child soldiers as war crimes / Alberto Oddenino
Criminalizing rape and sexual violence as methods of warfare / Ludovica Poli
The crime of attacking peacekeepers / Andrea Spagnolo
The use of prohibited weapons and war crimes / Andrea Cannone
New weapons, old crimes? / Marina Castellaneta
The criminalization of the use of biological and chemical weapons / Annita Larissa Sciacovelli
Arms transfer and complicity in war crimes / Antonio Leandro
International terrorism, the law of war and the negotiation of a UN comprehensive convention / Giuseppe Nesi
Terror and terrorism in armed conflicts : Developments in international criminal law / Julinda Beqiraj
Fighting terror within the law? : Terrorism, counterterrorism and military occupations / Marco Pertile
The relevance of international humanitarian law in national case law on terrorism / Antonino Alì
The challenges of establishing the facts in relation to 'Hague law' violations / Stephen Wilkinson
UN fact-finding commissions and the prosecution of war crimes : An evolution towards justice-oriented missions? / Micaela Frulli
Fact-finding by international human rights institutions and criminal prosecution / Simone Vezzani

Edition Notes

Includes bibliographical references and index.

Published in
Cheltenham, UK

Classifications

Library of Congress
KZ7145 .W374 2013, KZ1168.5

The Physical Object

Pagination
xxi, 383 pages
Number of pages
383

Edition Identifiers

Open Library
OL31013090M
ISBN 10
1781955913, 1781955921
ISBN 13
9781781955918, 9781781955925
LCCN
2013942238
OCLC/WorldCat
841186430

Work Identifiers

Work ID
OL23176184W

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