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

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