The Absorption of Grave Breaches into War Crimes Law

International Review of the Red Cross, Vol. 91, 2009

21 Pages Posted: 23 Dec 2012

See all articles by Marko Divac Öberg

Marko Divac Öberg

United Nations - International Criminal Tribunal for the Former Yugoslavia (ICTY)

Date Written: 2009

Abstract

This article compares the concepts, scopes of application and procedural regimes of war crimes and grave breaches, while considering what role remains for the latter in international criminal law. In addition to their original conception as international obligations to enact and enforce domestic crimes, grave breaches have taken on a new meaning as international crimes, similar to war crimes. Only in few regards does the scope of application of these new grave breaches surpass that of war crimes. The procedural regime of grave breaches differs in theory significantly from that of war crimes, though less so in practice. Although it is too early to discount grave breaches, they are likely to become confined to history.

Keywords: war crimes, grave breaches, Geneva conventions

Suggested Citation

Öberg, Marko Divac, The Absorption of Grave Breaches into War Crimes Law (2009). International Review of the Red Cross, Vol. 91, 2009, Available at SSRN: https://ssrn.com/abstract=2193359

Marko Divac Öberg (Contact Author)

United Nations - International Criminal Tribunal for the Former Yugoslavia (ICTY) ( email )

UN-ICTY
P.O. Box 13888
The Hague, Zuid-Holland 2501 EW
Netherlands

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