War Crimes in International Versus Non-International Armed Conflicts

"New Wine in Old Wineskins"?

Research output: Contribution to journalReview article

2 Citations (Scopus)

Abstract

This note discusses the distinction between international and non-international armed conflicts in the prosecution of war crimes before the International Criminal Court. It analyses the international humanitarian law applicable to both kinds of conflict, and the way in which the International Criminal Tribunal for the former Yugoslavia succeeded in prosecuting war crimes committed in non-international armed conflicts. It also studies the two war crimes regimes provided for in the Rome Statute of the International Criminal Court. The note then examines how Pre-Trial Chamber I dealt with this issue in its Decision on the confirmation of charges against Thomas Lubanga Dyilo and the problems it faced in doing so. It concludes with a plea for the abolition of the distinction between international and non-international armed conflicts with respect to war crimes in the Rome Statute of the International Criminal Court.

Original languageEnglish
Pages (from-to)319-330
Number of pages12
JournalInternational Criminal Law Review
Volume8
Issue number1
DOIs
Publication statusPublished - 1 Mar 2008
Externally publishedYes

Fingerprint

war crime
wine
International Criminal Court
statute
charge
Yugoslavia
prosecution
chamber
regime
Law

Cite this

@article{3cb8fb1d8e8e4576ac99de8a331f6164,
title = "War Crimes in International Versus Non-International Armed Conflicts: {"}New Wine in Old Wineskins{"}?",
abstract = "This note discusses the distinction between international and non-international armed conflicts in the prosecution of war crimes before the International Criminal Court. It analyses the international humanitarian law applicable to both kinds of conflict, and the way in which the International Criminal Tribunal for the former Yugoslavia succeeded in prosecuting war crimes committed in non-international armed conflicts. It also studies the two war crimes regimes provided for in the Rome Statute of the International Criminal Court. The note then examines how Pre-Trial Chamber I dealt with this issue in its Decision on the confirmation of charges against Thomas Lubanga Dyilo and the problems it faced in doing so. It concludes with a plea for the abolition of the distinction between international and non-international armed conflicts with respect to war crimes in the Rome Statute of the International Criminal Court.",
keywords = "International and non-international armed conflicts, International criminal court, Thomas Lubanga Dyilo, War crimes",
author = "{De Beco}, Gauthier",
year = "2008",
month = "3",
day = "1",
doi = "10.1163/156753608X265312",
language = "English",
volume = "8",
pages = "319--330",
journal = "International Criminal Law Review",
issn = "1567-536X",
publisher = "Martinus Nijhoff Publishers",
number = "1",

}

War Crimes in International Versus Non-International Armed Conflicts : "New Wine in Old Wineskins"? / De Beco, Gauthier.

In: International Criminal Law Review, Vol. 8, No. 1, 01.03.2008, p. 319-330.

Research output: Contribution to journalReview article

TY - JOUR

T1 - War Crimes in International Versus Non-International Armed Conflicts

T2 - "New Wine in Old Wineskins"?

AU - De Beco, Gauthier

PY - 2008/3/1

Y1 - 2008/3/1

N2 - This note discusses the distinction between international and non-international armed conflicts in the prosecution of war crimes before the International Criminal Court. It analyses the international humanitarian law applicable to both kinds of conflict, and the way in which the International Criminal Tribunal for the former Yugoslavia succeeded in prosecuting war crimes committed in non-international armed conflicts. It also studies the two war crimes regimes provided for in the Rome Statute of the International Criminal Court. The note then examines how Pre-Trial Chamber I dealt with this issue in its Decision on the confirmation of charges against Thomas Lubanga Dyilo and the problems it faced in doing so. It concludes with a plea for the abolition of the distinction between international and non-international armed conflicts with respect to war crimes in the Rome Statute of the International Criminal Court.

AB - This note discusses the distinction between international and non-international armed conflicts in the prosecution of war crimes before the International Criminal Court. It analyses the international humanitarian law applicable to both kinds of conflict, and the way in which the International Criminal Tribunal for the former Yugoslavia succeeded in prosecuting war crimes committed in non-international armed conflicts. It also studies the two war crimes regimes provided for in the Rome Statute of the International Criminal Court. The note then examines how Pre-Trial Chamber I dealt with this issue in its Decision on the confirmation of charges against Thomas Lubanga Dyilo and the problems it faced in doing so. It concludes with a plea for the abolition of the distinction between international and non-international armed conflicts with respect to war crimes in the Rome Statute of the International Criminal Court.

KW - International and non-international armed conflicts

KW - International criminal court

KW - Thomas Lubanga Dyilo

KW - War crimes

UR - http://www.scopus.com/inward/record.url?scp=41849144550&partnerID=8YFLogxK

U2 - 10.1163/156753608X265312

DO - 10.1163/156753608X265312

M3 - Review article

VL - 8

SP - 319

EP - 330

JO - International Criminal Law Review

JF - International Criminal Law Review

SN - 1567-536X

IS - 1

ER -