in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
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This book has examined crimes against humanity and war crimes under the Rome Statute of the International Criminal Court (ICC). This concluding chapter commences by considering how this interpretation of crimes may be affected by national prosecutions of war crimes and crimes against humanity under the principle of complementarity. Next, it considers the influence that reservations and interpretative declarations to the Conventions which form the basis of Article 8, or interpretative declarations to the Rome Statute, have on the definition of crimes. Then, the question of whether some of the crimes are still insufficiently defined to enable a fair trial in accordance with the principle of legality is addressed. The chapter also reviews the influence of human rights law upon the definition of crimes in the Rome Statute and questions whether human rights bodies may provide an effective alternative method of ending impunity for conduct described in Articles 7 and 8 rather than prosecutions before the ICC. The Rome Statute is praised for its approach to gender issues in the definition of crimes but criticised for failure to address sufficiently the issue of prohibited weapons. Finally, the particular problems of applying international humanitarian law in non-international armed conflicts and the extent to which Article 8(2)(e) of the Rome Statute addresses these concerns are discussed.


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