Individualisation of IHL Rules Through Criminal Responsibility for War Crimes and Some (Un)Intended Consequences
Dapo Akande, David Rodin and Jennifer Welsh (eds), The Individualisation of War (Oxford University Press 2022; in press)
18 Pages Posted: 2 Jun 2021 Last revised: 18 Jul 2022
Date Written: July 8, 2019
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: Suggested Citation