The Jurisprudence of the Yugoslav and Rwandan Criminal Tribunals on their Jurisdiction and on International Crimes (2004-2013)

Kolb, Robert

doi:10.1093/bybil/bru005

Cited by 3 publications

References 7 publications

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Non-International Armed Conflicts in International Law

Dinstein

2021

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This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the UN Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts. This new updated edition takes into account the latest events in terms of the practice of States, judicial pronouncements and UN Security Council resolutions.

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Non-International Armed Conflicts in International Law

Dinstein

2021

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War Crimes in Internal Armed Conflicts

Haye

2008

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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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International Customary Law in the Jurisprudence of the ICTY and the ICTR

Konderla

2018

Wroclaw Review of Law, Administration &Amp; Economics

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1 JM Henckaerts, 'Study on customary international humanitarian law: A contribution to the understanding and respect for the rule of law in armed conflict' (2005) 87(857) International Review of the Red Cross, 179. 2 K Wolfke, Custom in Present International Law (1964) 71. 3 International Tribunal for the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January and

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The Jurisprudence of the Yugoslav and Rwandan Criminal Tribunals on their Jurisdiction and on International Crimes (2004-2013)

Cited by 3 publications

References 7 publications

Non-International Armed Conflicts in International Law

Non-International Armed Conflicts in International Law

War Crimes in Internal Armed Conflicts

International Customary Law in the Jurisprudence of the ICTY and the ICTR

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