War Crimes and the Conduct of Hostilities
Show Less

War Crimes and the Conduct of Hostilities

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 1: The criminalization of the violations of international humanitarian law from Nuremberg to the Rome Statute

Fausto Pocar


Following the post-World War II trials of Nazi leaders at Nuremberg and of Japanese leaders at the International Tribunal of the Far East criminal prosecution has become critically significant as a means of repressing and preventing violations of the rules of international humanitarian law (IHL). Since then the international community has paid increased attention to such violations. Efforts have been made to define the behaviors requiring criminal prosecution for ‘war crimes’ under international law and to ensure that perpetrators are brought before competent international and domestic jurisdictions for trial and appropriately sentenced if found guilty. Admittedly not just any violation of international rules governing the conduct of hostilities may be regarded as constituting an international war crime. Rather only serious violations of IHL qualify as crimes entailing individual criminal responsibility under international law.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.