Repression of International Crimes
Anne Peters, Jérôme de Hemptinne and Robert Kolb (eds), Animals in the International Law of Armed Conflict (Cambridge, Cambridge University Press, 2022), pp. 313-333
23 Pages Posted: 29 Dec 2020 Last revised: 31 Oct 2022
Date Written: October 26, 2020
Abstract
This chapter explores the scope of application of international criminal law (“ICL”) with respect to the repression of international crimes affecting animals during war and 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 crimes allegations were adjudged and animals featured therein. In this way, the first ever detailed account of how ICL has been used to address and repress international crimes that affect animals during war is presented. The chapter then explores ICL’s limits and gaps in this area and submits that animal cruelty during war should be recognized under international law in the same way that it is during peacetime under domestic law. It proposes that other inhumane acts as a crime against humanity could be a means to potentially achieve this aim.
Keywords: Animals, International Criminal Law, Armed Conflict, International Humanitarian Law, Environment, War Crimes, Crimes Against Humanity, Genocide, Animal Cruelty, Other Inhumane Acts
JEL Classification: K14, K32, K33, K42
Suggested Citation: Suggested Citation