War Crimes in Internal Armed Conflicts
Does international law make individuals responsible for perpetrating war crimes during internal armed conflicts? Eve La Haye explores the content of international criminal law applicable in such conflicts and questions the 1995 finding of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia that responsibility could be enforced on the basis of customary international law. This finding is evaluated with regard to state practice and the practice of international organisations. The means to enforce individual criminal responsibility for such crimes are also investigated. The states on whose territory the crimes took place have sometimes tried such perpetrators, but can other states prosecute perpetrators of war crimes under the principle of universal jurisdiction? The applicability of universal jurisdiction to war crimes committed in civil wars and the practice of domestic courts are examined, alongside the role and achievements of prosecutions carried out by international courts and tribunals.
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The laws of war applicable in internal armed conflicts
The regime of war crimes
Individual criminal responsibility for war crimes committed in internal armed conflicts
National prosecutions of war criminals and internal armed conflicts
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1949 Geneva Conventions acts Additional Protocol adopted afﬁrmed AJIL alleged Appeals Chamber applicable in internal belligerents Bosnia civilian population co-operation Commission committed in internal common Article crimes against humanity crimes committed crimes in internal criminal code Croatia customary international law customary law deﬁned deﬁnition difﬁcult domestic East Timor established extend universal jurisdiction ﬁrst genocide grave breaches Hague human rights Ibid ICC statute ICRC ICTR ICTY implementing individual criminal responsibility internal armed conﬂicts internal conﬂicts International Criminal Court International Criminal Tribunal international humanitarian law IRRC journal of international justice law of armed laws of war military manuals national courts non-international armed conﬂicts norms offences ofﬁce ofﬁcial organised paras parties penal perpetrators persons principle prohibition prosecutions Prosecutor Protocol II provides recognised reﬂected Rome statute Rwanda SC resolutions Secretary-General Security Council serious violations Sierra Leone speciﬁc Tadi´c jurisdiction decision territory tion treaty Trial Chamber universal jurisdiction violations of common weapons YbIHL