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The International Criminal Court and Non-International Armed Conflicts

Published online by Cambridge University Press:  03 March 2004

Heike Spieker
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Abstract

Non-international armed conflicts are more numerous, more brutal and entail more blood-shed today than international ones. The Statute of the International Criminal Court explicitly upholds the traditional distinction between international and non-international conflicts, and armed conflicts will have to be characterized accordingly. But the tendency to adapt the international humanitarian law (IHL) regime for non-international conflicts to the rules for international ones emerges. Article 7 on Crimes Against Humanity and Article 8(2)(c) and (e) on War Crimes amount to real progress in this respect. Yet, the regulation on war crimes in particular does not provide for comprehensive criminal responsibility of individual perpetrators in non-international conflicts.

Keywords

International Criminal Courtinternational humanitarian lawnon-international armed conflict
Type
HAGUE INTERNATIONAL TRIBUNALS: International Criminal Court
Information
Leiden Journal of International Law , Volume 13 , Issue 2 , June 2000 , pp. 395 - 425
Copyright
© 2000 Kluwer Law International

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