Collective Responsibility and Accountability under International Law

A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia

“…See generally online at http://www.eccc.gov.kh/ (last visited Mar. 27,2011). 7 The International Criminal Court (icc) was established by the Rome Statute of the International Criminal Court, Jul.…”

“…See generally online at http://www.icc-cpi.int/ (last visited Mar. 27,2011). 8 Geographically, Southeast Asia includes the area south of China and to the east and southeast of India, covering the continental Southeast Asia (Myanmar, Vietnam, Laos, Thailand, Cambodia, Singapore, and Malaysia) and archipelagic Southeast Asia (Malaysian Sabah, Brunei, Indonesia, the Philippines, and Timor-Leste).…”

“…20 ANTARA News, Surin Pitsuwan leads asean to a New Era, Jan. 23, 2008, available at http://www.nowpublic.com/politics/surin-pitsuwan-leads-asean-towards-new-era (last visited Mar. 27,2011). Action 13 and the Report of the Eminent Persons Group on the asean Charter.…”

Defences to international crimes

“…79 The Additional Protocol I added to this growing list by including, for example, the civilian population, objects indispensible to the survival of the civilian population and the natural environment, 84 although the attempt to include reprisal prohibitions applicable to non-international armed conflicts in Additional Protocol II proved unsuccessful. 85 A complete ban of belligerent reprisals has not yet been brought about, and while no State disputes the reprisal prohibitions in the Geneva Conventions, the rules in Additional Protocol I have not been agreed to by all States and doubts exist over the customary international law status of some of those provisions. 86 The laws applicable to internal armed conflicts are silent on the question of belligerent reprisals, although it is arguable that this concept does not apply outside of the context of inter-State conflict.…”

“…86 The laws applicable to internal armed conflicts are silent on the question of belligerent reprisals, although it is arguable that this concept does not apply outside of the context of inter-State conflict. 87 The defence of belligerent reprisal in the Allied trials after the Second World War yielded little if any success for those accused who sought to raise it, often because of the excessively disproportionate nature of the reprisals taken; in the notorious 'Ardeatine Cave' incident, ten prisoners were killed for each German policeman that had been killed in a partisan bomb attack. 88 The ICTY has discussed belligerent reprisals as a possible defence in its jurisprudence, holding somewhat controversially that the rule that protects civilians from being the target of reprisal action applies in all armed conflicts and that the rule in Additional Protocol I prohibiting reprisals against the civilian population is a rule of customary international law.…”