Challenges to Adjudication and Investigation
Edited by Fausto Pocar, Marco Pedrazzi and Micaela Frulli
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.
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- War Crimes and the Conduct of Hostilities
- Table of cases
- Chapter 1: The criminalization of the violations of international humanitarian law from Nuremberg to the Rome Statute
- Chapter 2: Serious violations of the law on the conduct of hostilities: A neglected class of war crimes?
- Chapter 3: To what extent do the international rules on human rights matter?
- Chapter 4: Direct attacks on civilians and indiscriminate attacks as war crimes
- Chapter 5: The criminalization and prosecution of attacks against cultural property
- Chapter 6: Using human shields as a war crime
- Chapter 7: The enlistment, conscription and use of child soldiers as war crimes
- Chapter 8: Criminalizing rape and sexual violence as methods of warfare
- Chapter 9: The crime of attacking peacekeepers
- Chapter 10: The use of prohibited weapons and war crimes
- Chapter 11: New weapons, old crimes?
- Chapter 12: The criminalization of the use of biological and chemical weapons
- Chapter 13: Arms transfer and complicity in war crimes
- Chapter 14: International terrorism, the law of war and the negotiation of a UN comprehensive convention
- Chapter 15: Terror and terrorism in armed conflicts: Developments in international criminal law
- Chapter 16: Fighting terror within the law? Terrorism, counterterrorism and military occupations
- Chapter 17: The relevance of international humanitarian law in national case law on terrorism
- Chapter 18: The challenges of establishing the facts in relation to ‘Hague law’ violations
- Chapter 19: UN fact-finding commissions and the prosecution of war crimes: An evolution towards justice-oriented missions?
- Chapter 20: Fact-finding by international human rights institutions and criminal prosecution
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