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Grave breaches
Christine Byron

Background to war crimes 1 While the origins of the laws of war stretch back centuries, 2 the nineteenth and twentieth centuries were the first to see multilateral conventions on the law of armed conflict, 3 and the twentieth century was the first to see significant prosecutions for breaches of this law. 4 Following the prosecution of a small number of Germans after the First World War by the Supreme Court of the Reich in Leipzig, 5 the aftermath of the Second World War saw the prosecution by the Allies of

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
Leslie C. Green

Historical background War crimes are violations of the and customs of the law of armed conflict and are punishable whether committed by combatants or civilians, including the nationals of neutral states. 2 Occasionally the term has been used to include acts like espionage 3 or war treason 4

in The contemporary law of armed conflict
Author: Christine Byron

This book provides a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute of the International Criminal Court. Each crime is discussed from its origins in treaty or customary international law, through developments as a result of the jurisprudence of modern ad hoc or internationalised tribunals, to modifications introduced by the Rome Statute and the Elements of Crimes. The influence of human rights law upon the definition of crimes is discussed, as is the possible impact of State reservations on the underlying treaties that form the basis for the conduct covered by the offences in the Rome Statute. Examples are also given from recent conflicts to aid a ‘real-life’ discussion of the type of conduct over which the International Criminal Court may take jurisdiction.

Legality and legitimacy
Dominic McGoldrick

War crimes trials before international tribunals 6 War crimes trials before international tribunals: legality and legitimacy Dominic McGoldrick I Introduction An assessment of the historical place of any trials requires both a micro and a macro analysis. The microanalysis focuses on the internal processes and procedures of the trials. The macroanalysis focuses on the broader political and historical context. Both levels of analysis can review issues of legality and legitimacy.1 This essay presents a comparative critique of war crimes trials before the

in Domestic and international trials, 1700–2000
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Non-international armed conflicts
Christine Byron

Background to non-international armed conflicts The extent of jurisdiction over war crimes committed in non-international armed conflicts in the Statute of the International Criminal Court (ICC) was a controversial issue at the Diplomatic Conference in Rome. 1 International humanitarian law relating to internal conflicts is less well developed than that relating to international armed conflicts, although in 1949 Common Article 3 of the Geneva Conventions established basic rules with respect to those persons not

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
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Other offences in international armed conflicts
Christine Byron

killing or wounding combatants who have surrendered or have no means of defence. The term ‘surrendered at discretion’ was explained by the British Manual of Military Law as meaning that the combatant must surrender unconditionally before obtaining the protection of this Article. 245 Violations of this prohibition were punished in war crimes trials after the Second World War. 246 In the Peleus Trial, where the commander of a German submarine ordered the killing of survivors of a sunken vessel, the Judge Advocate stated that it was a ‘fundamental usage of war that

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
A Military Tactic or Collateral Damage?
Abdulkarim Ekzayez and Ammar Sabouni

Nine years of continuous conflict in Syria have borne witness to various atrocities against civilians, some of which amount to war crimes. Most of the involved parties have committed such atrocities, but the Government of Syria (GoS) and its allies remain at the top of the list of perpetrators. Out of a population of 21 million in 2010, more than half a million Syrians were killed as of January 2019 with more than 13 million displaced either inside the country, in neighbouring countries or elsewhere. Moreover, civilian infrastructures, including but not limited to health, have been severely affected, resulting in interrupted services and suffering. Looking at patterns of these atrocities, timing of occurrence, and consequences, could allow us to draw conclusions about motivations. While the GoS maintains these attacks were against combating civilians, we argue that civilians and civilian infrastructure were military and strategic targets, rather than collateral damage to the attacks committed by the GoS and its allies. The motives behind attacking civilians may be related to military gains in imposing submission and surrender; whereas others may be linked to long-term goals such as forced displacement and demographic engineering. This paper argues, supported by several examples throughout the course of the Syrian conflict, that GoS has used a five-point military tactic with targeting healthcare being at the heart of it. This military tactic has been extremely effective in regaining most opposition strongholds at the expense of civilian suffering and health catastrophe.

Journal of Humanitarian Affairs
Third edition
Author: Leslie C. Green

It has been accepted since antiquity that some restraint should be observed during armed conflict. This book examines the apparent dichotomy and introduces any study of the law of armed conflict by considering the nature and legality of war. The purpose of what is known as the law of armed conflict or, more commonly, the law of war is to reduce the horrors inherent therein to the greatest extent possible, bearing in mind the political purpose for which the war is fought, namely to achieve one's policies over one's enemies. The discussion on the history and sources of the law of armed conflict pays most attention to warfare on land because that is the region for which most agreements have been drawn up, although attention has been accorded to both aerial and naval warfare where it has been considered necessary. Traditionally, international law was divided into the law of war and the law of peace, with no intermediate stage between. Although diplomatic relations between belligerents are normally severed once a conflict has commenced, there remain a number of issues, not all of which are concerned with their inter-belligerent relations, which require them to remain in contact. War crimes are violations of the and customs of the law of armed conflict and are punishable whether committed by combatants or civilians, including the nationals of neutral states. The book also talks about the rights and duties of the Occupying Power, civil defence, branches of international law and prisoners of war.

The trial in history, volume II
Editor: R. A. Melikan

Lawyers had been producing reports of trials and appellate proceedings in order to understand the law and practices of the Westminster courts since the Middle Ages, and printed reports had appeared in the late fifteenth century. This book considers trials in the regular English criminal courts in the eighteenth and nineteenth centuries. It also considers the contribution of criminal lawyers in developing the modern rules of evidence. The book explores the influence of scientific and pseudoscientific knowledge on Victorian insanity trials and trials for homosexual offences, respectively. The British Trials Collection contains the only readily accessible and near-verbatim accounts of civil trials from the 1760s, 1770s, and 1780s, decades crucial to understanding how the rules of evidence developed. It might be thought that Defence of the Realm Acts (DORA) or its regulations would have introduced trials in camera. The book presents a comparative critique of war crimes trials before the International Military Tribunals at Nuremberg and Tokyo and the International Tribunals for the former Yugoslavia and for Rwanda. The first spy trial by court martial after the legal change in 1915 was that of Robert Rosenthal, who was German. The book also considers the principal features of the first war crimes trial of the twenty-first century in terms of personnel and procedures, the alleged crimes, and issues of legality and legitimacy. It also speculates on the narratives or non-narratives of the trial and how these may impact on the professed aims and objectives of the litigation.

Looking for Bosnia

Developed through a series of encounters with a Bosnian Serb soldier Stojan Sokolović, this book is a meditation on the possibilities and limitations of responding to the extreme violence of the Bosnian war. It explores the ethics of confronting the war criminal and investigates the possibility of responsibility not just to victims of war and war crimes, but also to the perpetrators of violence. The book explains how Stojan Sokolović attenuated the author to the fact that he was responsible, to everyone, all the time, and for everything. It exposes the complexity of the categories of good and evil. Silence is also the herald of violence, or its co-conspirator. The author and Stojan Sokolović were trapped in violence, discursive and material, and discursive that leads to material, and material that emanates from and leads back to discursive. Two years after beginning his research into identity and the politics of conflict in Bosnia and Kosovo, the author got the opportunity to visit the region presented itself. According to the vast majority of the literature of the 1990s on Bosnia, it was clear that the biggest problem with nationalist violence and intolerance was to be found in Republika Srpska. The book is the author's discourse on a variety of experiences, including those of ethics, politics, disasters, technologies, fieldwork, adventure tourism, and dilemmas.