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18 - Repression of International Crimes

from Part IV - Enforcement Regimes for the Protection of Animals in Wartime

Published online by Cambridge University Press:  06 October 2022

By
Manuel J. Ventura
Edited by
Anne Peters ,
Jérôme de Hemptinne  and
Robert Kolb
Anne Peters
Affiliation:
Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Jérôme de Hemptinne
Affiliation:
Geneva Academy of International Humanitarian Law and Human Rights
Robert Kolb
Affiliation:
Université de Genève
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Summary

This chapter explores the scope of application of international criminal law with respect to the repression of international crimes affecting animals during war. It considers how war crimes, crimes against humanity and genocide could apply. It then reviews all judgments – up to July 2020 – from the ad hoc/hybrid international criminal tribunals and the International Criminal Court where war crime allegations were adjudged and animals featured therein. It thus gives the first ever detailed account of how international criminal law has been used to address and repress international crimes that affect animals during war. The chapter then explores international criminal law’s limits and gaps in this area. It submits that animal cruelty during war should be recognised under international law in the same way that it is during peacetime under domestic law. It proposes that ‘other inhumane acts’ under the heading of crimes against humanity could be a means to potentially achieve this aim.

Keywords

animals in international criminal lawenvironmentwar crimescrimes against humanitygenocideanimal crueltyother inhumane acts
Type
Chapter
Information
Animals in the International Law of Armed Conflict , pp. 313 - 333
Publisher: Cambridge University Press
Print publication year: 2022

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References

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Akande, Dapo and Gillard, Emanuela-Chiara, ‘Conflict-Induced Food Insecurity and the War Crime of Starvation of Civilians as a Method of Warfare: The Underlying Rules of International Humanitarian Law’, Journal of International Criminal Justice 17(4) (2019), 753–79.CrossRefGoogle Scholar
de Hemptinne, Jérôme, ‘The Protection of Animals During Warfare’, American Journal of International Law Unbound 111 (2017), 272–6.Google Scholar
Gillett, Matthew, ‘Environmental Damage and International Criminal Law’, in Jodoin, Sébastien and Segger, Marie-Claire Cordonier (eds.), Sustainable Development, International Criminal Justice, and Treaty Implementation (Cambridge: Cambridge University Press 2013), 73–99.Google Scholar
Nellemann, Christian et al. (eds.), The Environmental Crime Crisis: Threats to Sustainable Development from Illegal Exploitation and Trade in Wildlife and Forest Resources (Nairobi/Arendal: UNEP/GRID-Arendal 2014).Google Scholar
Peterson, Ines, ‘The Natural Environment in Times of Armed Conflict: A Concern for International War Crimes Law?’, Leiden Journal of International Law 22 (2009), 325–43.Google Scholar
Schmitt, Michael N., ‘Green War: An Assessment of the Environmental Law of International Armed Conflict’, Yale Journal of International Law 22 (1997), 1–109.Google Scholar
Ventura, Manuel J., ‘Prosecuting Starvation Under International Criminal Law: Exploring the Law Possibilities’, Journal of International Criminal Justice 17 (2019), 781–814.CrossRefGoogle Scholar

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