Individualisation of IHL Rules Through Criminal Responsibility for War Crimes and Some (Un)Intended Consequences

Dapo Akande and Jennifer Welsh (eds), The Individualisation of War (OUP 2021)

18 Pages Posted: 2 Jun 2021 Last revised: 12 Aug 2021

See all articles by Paola Gaeta

Paola Gaeta

University of Florence

Abhimanyu George Jain

Graduate Institute of International and Development Studies (IHEID), Department of International Law

Date Written: July 8, 2019

Abstract

This paper engages with the relationship between IHL rules and their corresponding war crimes. After sketching the origins of the process of individualization of IHL rules through individual responsibility for war crimes, it will explain the acceleration of the process in recent decades. It will then explain which requirements have been identified to ground individualization of IHL rules through the notion of war crimes. The paper will finally draw out some of the tensions produced by this process, focussing upon some of its consequences for the relevant IHL norms.

Keywords: International humanitarian law, international criminal law, individual criminal responsibility, responsibility of belligerents, war crimes, individualisation

Suggested Citation

Gaeta, Paola and George Jain, Abhimanyu, Individualisation of IHL Rules Through Criminal Responsibility for War Crimes and Some (Un)Intended Consequences (July 8, 2019). Dapo Akande and Jennifer Welsh (eds), The Individualisation of War (OUP 2021), Available at SSRN: https://ssrn.com/abstract=3853333

Paola Gaeta

University of Florence

Piazza di San Marco, 4
Florence, 50121
Italy

Abhimanyu George Jain (Contact Author)

Graduate Institute of International and Development Studies (IHEID), Department of International Law ( email )

Switzerland

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