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Vol 22 No 10 Oct/Nov 2017

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Fighting and Victimhood in International Criminal Law


ISBN13: 9781138669062
Published: October 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00



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The differences between civilians and combatants manifest themselves in many ways, one of the most crucial being that during armed conflicts combatants constitute military targets whereas civilians are protected against attack.

International humanitarian law places limits on the violence which can be used against combatants, and individuals who breach these limits can be held accountable under international criminal law for their actions. Although combatants and others who are or have been involved in combat can be victims of international crimes, when atrocities occur during armed conflicts, it is the crimes committed against civilian victims which garner the greatest attention and condemnation from the world community, a trend continues when cases come before international criminal courts or tribunals.

With the important exceptions of crimes committed against child soldiers and peacekeepers, international criminal cases overwhelmingly focus on the civilian victims of atrocities.

This book explores the interaction between international humanitarian law and international criminal law focusing on members of state armed forces, other ‘fighters’ and those who are hors de combat as victims in international criminal law.

The book uses the case law of International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone as well as relevant treaty law and customary international law, are analysed in order to establish whether a coherent approach has been taken.

Topics covered by the book include: how international criminal courts and tribunals determine who has been the victim of a war crime from who has been a lawful casualty of war; the particular war crimes which can be committed against fighters during the conduct of hostilities; whether or not fighters can be victims of a war crime if the perpetrators of the alleged crime are fighting on the same side; and whether those people who are hors de combat can be victims of crimes against humanity and genocide.

Joanna Nicholson argues throughout the book that the unique issues which can arise when victims of international crimes are people who have been involved in combat are not always fully appreciated by international criminal courts and tribunals.

Subjects:
International Criminal Law
Contents:
1. Introduction
2. Historical and philosophical notions of the 'fighter'
3. Combatant status under international humanitarian law
4. International criminal courts and victims of war crimes
5. War crimes and 'fighters'
6. War crimes and those who are hors de combat
7. Child soldiers and war crimes
8. Crimes against peacekeepers
9. 'Fighters' as victims of crimes against humanity and genocide
10. Conclusions

Series: Routledge Research in International Law

International Law and the Rights of those Displaced by Armed Conflict ISBN 9781138643338
To be published April 2018
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China, Cultural Heritage, and International Law ISBN 9781138093249
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The UN Security Council and Domestic Actors: Distance in international law ISBN 9781138858589
To be published December 2017
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Human Security Discourse and International Law ISBN 9781138243910
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Fighting and Victimhood in International Criminal Law (eBook) ISBN 9781317210542
Published October 2017
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A Framework for the Rule of Law at the UN Security Council ISBN 9781138220249
Published March 2017
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International Law and Boundary Disputes in Africa ISBN 9781138713093
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£37.99
The International Criminal Court in Search of its Purpose and Identity ISBN 9781138280588
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Incitement in International Law ISBN 9781138202009
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Legal Accountability and Britain's Wars 2000-2015 ISBN 9781138846241
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The United Nations and Collective Security ISBN 9781138665521
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Resisting United Nations Security Council Resolutions ISBN 9781138670518
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Justice for Victims before the International Criminal Court ISBN 9781138647404
Published January 2016
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Reciprocity in International Law: Its Impact and Function ISBN 9781138119765
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International Law-making: Essays in Honour of Jan Klabbers ISBN 9781138937611
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The Changing Role of Nationality in International Law ISBN 9781138843370
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International Law and Boundary Disputes in Africa ISBN 9780415838924
Published July 2015
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International Law and Boundary Disputes in Africa (eBook) ISBN 9781135039547
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The International Criminal Court in Search of its Purpose and Identity (eBook) ISBN 9781317703082
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The Cuban Embargo Under International Law: El Bloqueo ISBN 9780415668170
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The Cuban Embargo Under International Law: El Bloqueo (eBook) ISBN 9781134451241
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Threats of Force: International Law and Strategy ISBN 9781138843394
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Incitement in International Law ISBN 9781138020801
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Incitement in International Law (eBook) ISBN 9781317669661
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Justice for Victims before the International Criminal Court ISBN 9780415722391
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Resisting United Nations Security Council Resolutions ISBN 9780415710435
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Resisting United Nations Security Council Resolutions (eBook) ISBN 9781317964278
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The United Nations and Collective Security ISBN 9780415505895
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The United Nations and Collective Security (eBook) ISBN 9781136028243
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UNHCR and International Refugee Law: From Treaties to Innovation ISBN 9781138016873
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International Law-making: Essays in Honour of Jan Klabbers (eBook) ISBN 9781135116057
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International Law-making: Essays in Honour of Jan Klabbers ISBN 9780415659567
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Criminal Responsibility for the Crime of Aggression ISBN 9780415856782
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Criminal Responsibility for the Crime of Aggression (eBook) ISBN 9781136001208
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The Changing Role of Nationality in International Law (eBook) ISBN 9781136752193
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The Changing Role of Nationality in International Law ISBN 9780415535458
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Threats of Force: International Law and Strategy (eBook) ISBN 9781135132033
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Threats of Force: International Law and Strategy ISBN 9780415609852
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The Law on the Use of Force: A Feminist Analysis ISBN 9780415492874
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The Law on the Use of Force: A Feminist Analysis (eBook) ISBN 9781136628009
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Self Determination in the Post 9/11 Era (eBook) ISBN 9781136735844
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Self Determination in the Post 9/11 Era ISBN 9780415550048
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International Economic Actors and Human Rights ISBN 9780415486705
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International Economic Actors and Human Rights (eBook) ISBN 9781135245221
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