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Vol 21 No 10 Oct/Nov 2016

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War Crimes and the Conduct of Hostilities: Challenges to Adjudication and Investigation

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Edited by: Fausto Pocar, Marco Pedrazzi, Micaela Frulli

ISBN13: 9781781955918
Published: September 2013
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £101.00



Despatched in 3 to 5 days.

This unique and detailed book contributed to by various experts in international humanitarian law and international criminal law, carries out a careful and critical analysis of existing national and international case law relating to the criminal prosecution and punishment of serious violations of the law on the conduct of hostilities.

The authors verify the progress that has been made to render more effective the criminal prosecution of these violations and identify the thorniest obstacles that are still remaining. The final part of the book is devoted to fact-finding and investigative issues, highlighting the evidentiary problems that a prosecutor may encounter to prove cases concerning the violation of the rules on the conduct of warfare.

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Subjects:
International Criminal Law
Contents:
PART I: SETTING THE LEGAL FRAMEWORK
1. The Criminalization of the Violations of International Humanitarian Law from Nuremberg to the Rome Statute
2. Serious Violations of the Law on the Conduct of Hostilities: A Neglected Class of War Crimes?
3. To What Extent Do the International Rules on Human Rights Matter?

PART II: VIOLATIONS OF THE PRINCIPLES OF DISTINCTION, PROPORTIONALITY AND PRECAUTION
4. Direct Attacks on Civilians and Indiscriminate Attacks as War Crimes
5. The Criminalization and Prosecution of Attacks against Cultural Property
6. Using Human Shields as a War Crime

PART III: VIOLATIONS OF THE RULES PROTECTING PARTICULAR CATEGORIES OF PERSONS
7. The Enlistment, Conscription and Use of Child Soldiers as a War Crime
8. Criminalizing Rape and Sexual Violence as Means of Warfare
9. The Crime of Attacking Peacekeepers

PART IV: VIOLATIONS OF THE RULES ON MEANS OF WARFARE
10. The Use of Prohibited Weapons and War Crimes
11. New Weapons, Old Crimes?
12. The Criminalization of the Use of Biological and Chemical Weapons
13. Arms Transfer and Complicity in War Crimes

PART V: THE SPECIAL CASE OF TERRORISM IN ARMED CONFLICTS
14. International Terrorism, the Law of War and the Negotiation of a UN Comprehensive Convention
15. Terror and Terrorism in Armed Conflicts: Developments in International Criminal Law
16. Fighting Terror within the Law? Terrorism, Counterterrorism and Military Occupation
17. The Relevance of International Humanitarian Law in National Case Law on Terrorism

PART VI: INVESTIGATIONS AND FACT FINDING: A(N) (IM)POSSIBLE MISSION?
18. The Challenges of Establishing the Facts in Relation to Hague Law Violations
19. UN Fact-Finding Commissions and the Prosecution of War Crimes: An Evolution towards Justice-Oriented Missions?
20. Fact-Finding by International Human Rights Institutions and Criminal Prosecution

Index