LOCATION4th Floor
Call No. KZ7145 .W37 2010
Title War crimes and international criminal law / Willem-Jan van der Wolf [editor].
Location Volume/Copy Barcode Status
 4th Floor  KZ7145 .W37 2010    3500501374422-  
 Preface1
pt. 1 History5
1.History7
 Laws of War and International Humanitarian Law7
2.Class Of Perpetrators14
3.Characterization Of A Conflict As Either International Or Internal15
4.Internal Armed Conflicts Or Armed Conflicts Not Of An International Character18
pt. 2 Definition Of War Crimes 
2.Definition23
2.1.Treaties23
2.2.Other texts29
2.2.1.United Nations31
2.2.2.Other organisations32
2.2.3.Practice of the International Red Cross and Red Crescent Movement42
pt. 3 Jurisdiction 
3.Jurisdiction45
3.1.Treaties45
3.2.Other Instruments50
3.2.1.United Nations51
3.2.2.International Organisations and International Judicial Bodies55
3.2.3.International Red Cross and Red Crescent Movement59
3.2.4.Other International initiatives59
pt. 4 Prosecution Of War Crimes 
4.Prosecution Of War Crimes65
4.1.Treaties and other regulations65
4.2.Other Instruments72
pt. 5 War Crimes In International Armed Conflict 
5.War Crimes In International Armed Conflict79
5.1.Grave Breaches Of The 1949 Geneva Conventions Of 12 August 194979
5.1.1.Protected persons or property79
5.1.2.Constituent elements of the crimes82
5.1.3.Wilful killing; Article 8(2)(a)(i) of the ICC Statute83
5.1.4.Torture or inhuman treatment, including biological experiments; Article 8(2)(a)(ii) of the ICC Statute84
 Torture84
 Inhuman treatment86
 Biological experiments88
5.1.5.Wilfully causing great suffering, or serious injury to body Or health; Article 8(2)(a)(iii) of the ICC Statute89
5.1.6.Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and want only; Article 8(2)(a)(iv) of the ICC Statute90
5.1.7.Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power; Article 8(2) (a) (v) of the ICC Statute92
5.1.8.Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; Article 8(2)(a)(vi) of the ICC Statute93
5.1.9.Unlawful deportation or transfer or unlawful confinement; Article 8(2)(a)(vii) of the ICC Statute94
5.1.10.Taking of hostages; Article 8(2)(a)(viii) of the ICC Statute98
5.2.Other Serious Violations Of The Laws And Customs Applicable In International Armed Conflict101
5.2.1.Intentionally Directing Attacks Against The Civilian Population As Such Or Against Individual Civilians Not Taking Direct Part In Hostilities; Article 8(2)(B)(I) Of The Icc Statute102
5.2.2.Intentionally Directing Attacks Against Civilian Objects, That Is, Objects Which Are Not Military Objectives; Article 8(2) (B)(II) Of The Icc Statute104
5.2.3.Intentionally Directing Attacks Against Personnel, Installations, Material, Units Or Vehicles In A Humanitarian Assistance Or Peacekeeping Mission In Accordance With The Un Charter, As Long As They Are Entitled To The Protection Given To Civilians Or Civilian Objects Under The International Law Of Armed Conflict; Article 8(2)(B)(III) Of The Icc [ect.]105
5.2.4.Intentionally Launching An Attack In The Knowledge That Such Attack Will Cause Incidental Loss Of Life Or Injury To Civilians Or Damage To Civilian Objects Or Widespread, Long-Term And Severe Damage To The Natural Environment Which Would Be Clearly Excessive In Relation To The Concrete And Direct Overall Military Advantage Anticipated; Article 8(2)(B)(IV) Of The Icc [ect.]107
5.2.5.Attacking Or Bombarding, By Whatever Means, Towns, Villages, Dwellings Or Buildings Which Are Undefended And Which Are Not Military Objectives; Article 8(2)(B)(V) Of The Icc Statute110
5.2.6.Killing Or Wounding A Combatant Who, Having Laid Down His Arms Or Having No Longer Means Of Defence, Has Surrendered At Discretion; Article 8(2)(B)(VI) Of The Icc Statute111
5.2.7.Making Improper Use Of A Flag Of Truce, Of The Flag Or Of The Military Insignia And Uniform Of The Enemy Or Of The Un, As Well As Of The Distinctive Emblems Of The Geneva Conventions, Resulting In Death Or Serious Personal Injury; Article 8(2)(B)(VII) Of The Icc Statute112
5.2.8.The Transfer, Directly Or Indirectly, By The Occupying Power Of Parts Of Its Own Civilian Population Into The Territory It Occupies, Or The Deportation Or Transfer Of All Or Parts Of The Population Of The Occupied Territory Within Or Outside This Territory; Article 8(2)(B)(VIII) Of The Icc Statute115
5.2.9.Intentionally Directing Attacks Against Buildings Dedicated To Religion, Education, Art, Science Or Charitable Purposes, Historic Monuments, Hospitals And Places Where The Sick And Wounded Are Collected, Provided They Are Not Military Objectives; Article 8(2)(B)(IX) Of The Icc Statute117
5.2.10.Subjecting Persons Who Are In The Power Of An Adverse Party To Physical Mutilation Or To Medical Or Scientific Experiments Of Any Kind Which Are Neither Justified By The Medical, Dental Or Hospital Treatment Of The Person Concerned Nor Carried Out In His Or Her Interest, And Which Cause Death To Or Seriously Endanger The Health Of Such Person Or Persons; Article 8(2)(B)(X) Of The Icc [ect.]118
 Mutilation118
 Medical or scientific experiments119
5.2.11.Killing Or Wounding Treacherously Individuals Belonging To The Hostile Nation Or Enemy; Article 8(2)(B)(XI) Of The Icc Statute121
5.2.12.Declaring That No Quarter Will Be Given; Article 8(2)(B)(XII) Of The Icc Statute122
5.2.13.Destroying Or Seizing The Enemy's Property Unless Such Destruction Or Seizure Be Imperatively Demanded By The Necessities Of War; Article 8(2)(B)(XIII) Of The Icc Statute123
5.2.14.Declaring Abolished, Suspended Or Inadmissible In A Court Of Law The Rights And Actions Of The Nationals Of The Hostile Party; Article 8(2)(B)(XIV) Of The Icc Statute124
5.2.15.Compelling The Nationals Of The Hostile Party To Take Part In The Operations Of War Directed Against Their Own Country, Even If They Were In The Belligerent's Service Before The Commencement Of The War; Article 8(2) (B) (XV) Of The Icc Statute124
5.2.16.Pillaging A Town Or Place, Even When Taken By Assault; Article 8(2)(B)(XVI) Of The Icc Statute125
5.2.17.Employing Poison Or Poisoned Weapons; Article 8(2)(B)(XVII) Of The Icc Statute126
5.2.18.Employing Asphyxiating, Poisonous Or Other Gases, And All Analogous Liquids, Materials Or Devices; Article 8(2)(B)(XVIII) Of The Icc Statute127
5.2.19.Employing Bullets Which Expand Or Flatten Easily In The Human Body, Such As Bullets With A Hard Envelope Which Does Not Entirely Cover The Core Or Is Pierced With Incisions; Article 8(2)(B)(XIX) Of The Icc Statute128
5.2.20.Employing Weapons, Projectiles And Material And Methods Of Warfare Which Are Of A Nature To Cause Superfluous Injury Or Unnecessary Suffering Or Which Are Inherently Indiscriminate In Violation Of The International Law Of Armed Conflict, Provided That Such Weapons, Projectiles And Materials And Methods Of Warfare Are The Subject Of A Comprehensive Prohibition And Are Included In An Annex To The Icc Statute, By An Amendment In Accordance With The Relevant Provisions Set Forth In Articles 121 And 123; Article 8(2)(B)(XX) Of The Icc [ect.]129
5.2.21.Committing Outrages Upon Personal Dignity, In Particular Humiliating And Degrading Treatment; Article 8(2)(B)(XXI) Of The Icc Statute131
 Rape132
 Sexual slavery132
 Enforced prostitution133
 Forced pregnancy134
 Enforced sterilization134
 Sexual violence134
5.2.22.Utilizing The Presence Of A Civilian Or Other Protected To Render Certain Points, Areas, Or Military Forces Immune From Military Operations; Article 8(2)(B)(XXIII) Of The Icc Statute135
5.2.23.Intentionally Directing Attacks Against Buildings, Material, Medical Units And Transport, And Personnel Using The Distinctive Emblems Of The Geneva Conventions In Conformity With International Law; Article 8(2)(B)(XXIV) Of The Icc Statute136
5.2.24.Intentionally Using Starvation Of Civilians As A Method Of Warfare By Depriving Them Of Objects Indispensable To Their Survival, Including Wilfully Impeding Relief Supplies As Provided For Under The Geneva Conventions; Article 8(2)(B)(XXV) Of The Icc Statute137
5.2.25.Conscripting Or Enlisting Children Under The Age Of Fifteen Years Into The National Armed Forces Or Using Them To Participate Actively In Hostilities; Article 8(2)(B)(XXVI) Of The Icc Statute138
pt. 6 War Crimes In Non-International Armed Conflict 
6.War Crimes In Non-International Armed Conflict145
6.1.Serious Violations148
6.2.Ratione Personae148
6.3.Ratione Loci149
6.4.Nexus Between The Armed Conflict And The Crime150
6.5.Serious Violations Of Article 3 Common To The Four Geneva Conventions Of 12 August 1949151
6.5.1.Violence To Life And Person, In Particular Murder Of All Kinds, Mutilation, Cruel Treatment, And Torture152
 Murder152
 Mutilation153
 Torture153
 Cruel Treatment153
6.5.2.Committing Outrages Upon Personal Dignity, In Particular Humiliating And Degrading Treatment154
6.5.3.Taking Of Hostages156
6.5.4.The Passing Of Sentences And The Carrying Out Of Executions Without Previous Judgment Pronounced By A Regularly Constituted Court, Affording All Judicial Guarantees Which Are Generally Recognized As Indispensable157
6.6.Other Serious Violations Of The Laws And Customs Applicable In Armed Conflicts Not Of An International Character158
6.6.1.Intentionally Directing Attacks Against The Civilian Population As Such Or Against Individual Civilians Not Taking Direct Part In Hostilities160
6.6.2.Intentionally Directing Attacks Against Buildings, Material, Medical Units And Transport, And Personnel Using The Distinctive Emblems Of The Geneva Conventions In Conformity With International Law160
6.6.3.Intentionally Directing Attacks Against Buildings Dedicated To Religion, Education, Art, Science Or Charitable Purposes, Historic Monuments, Hospitals And Places Where The Sick And Wounded Are Collected, Provided They Are Not Military Objectives161
6.6.4.Pillaging A Town Or A Place, Even When Taken By Assault161
6.6.5.Committing Rape, Sexual Slavery, Enforced Prostitution, Forced Pregnancy As Defined In Article 7(2)(F) Of The Icc Statute, Enforced Sterilization, Or Any Other Form Of Sexual Violence Also Constituting A Serious Violation Of Article 3 Common To The Four Geneva Conventions162
6.6.6.Conscripting Or Enlisting Children Under The Age Of Fifteen Years Into The National Armed Forces Or Using Them To Participate Actively In Hostilities162
6.6.7.Ordering The Displacement Of The Civilian Population For Reasons Related To The Conflict, Unless The Security Of The Civilians Involved Or Imperative Military Reasons So Demand163
6.6.8.Killing Or Wounding Treacherously A Combatant Adversary164
6.6.9.Declaring That No Quarter Will Be Given165
6.6.10.Subjecting Persons Who Are In The Power Of Another Party To The Conflict To Physical Mutilation Or To Medical Or Scientific Experiments Of Any Kind Which Are Neither Justified By The Medical, Dental Or Hospital Treatment Of The Person Concerned Nor Carried Out In His Or Her Interest, And Which Cause Death To Or Seriously Endanger The Health Of Such Person Or [ect.]165
6.6.11.Destroying Or Seizing The Property Of An Adversary Unless Such Destruction Or Seizure Be Imperatively Demanded By The Necessities Of The Conflict165
pt. 7 War Crimes Jurisprudence Of The International Criminal Tribunal For The Former Yugoslavia 
7.1.War Crimes: Grave Breaches Of The Geneva Conventions Of 1949 (Article 2)169
a).Statute169
b).General Elements For Article 2 Crimes169
i).The Existence Of An Armed Conflict (Element 1)170
(1).Armed Conflict Required170
(2).Armed Conflict Defined171
(3).Duration Of Application Of International Humanitarian Law171
ii).There Must Be A Nexus Between The Conflict And Crimes Alleged (Element 2)171
(1).Not Necessary That Actual Combat Occurred In The Area Where The Crimes Occurred172
(2).It Is Sufficient That The Crimes Were Closely Related To The Hostilities172
iii).The Armed Conflict Must be International (Element 3)173
(1).International Armed Conflict Required173
(2).International Armed Conflict Defined173
(3).Where State Has Not Intervened In Another State Directly Through Its Own Troops, "Overall Control Test" Applies To Determine Whether Sufficient Control Over Military Forces Exists173
(4).Overall Control Test Satisfied Where A State Has A Role In Organizing, Coordinating Or Planning The Military Actions Of The Military Group, In Addition To Financing, Training And Equipping Or Providing Operational Support175
(5).Do Not Just Look At The Locality Where The Crimes Occurred Todetermine If Conflict Is International177
(6).Failure To Recognize State Of War Irrelevant178
(7).Pleading International Armed Conflict179
(a).Application---Pleading International Armed Conflict179
(8).Application---International Armed Conflict180
(a).Conflict Between Bosnia And Herzegovina, And Croatia180
(b).Conflict Between Bosnia And Herzegovina, And The Federal Republic Of Yugoslavia (Serbia And Montenegro)182
iv).The Person or Property at Issue must be "protected" (element 4)183
(1).Protected Persons Defined183
(2).Ethnicity, Allegiance, And Substance Of Relations More Determinative Of Protected Status That Nationality Or Legal Characterization184
(3).Protected Persons Can Be Same Nationality As Captor186
(4)."In The Hands Of A Party To The Conflict Or Occupying Power" Defined187
(5).Application---Protected Persons187
v).Application---General Requirements Of Article 2189
(1).Armed Conflict And Nexus Between The Alleged Offenses And Armed Conflict189
(2).Armed Conflict Was International190
(3).Victims Were Protected Persons190
c).Mens Rea191
i).Generally191
ii).Knowledge Of Existence Of International Armed Conflict191
iii).Distinguish Intent From Motive191
d).Underlying Offenses192
i).Willful Killing (Article 2(A))192
(1).Defined192
(2).Whether Same As Murder Under Articles 3 And 5193
(3).No Dead Body Required193
(4).Mens Rea195
(a).No Premeditation Required195
(b).Mens Rea May Be Inferred Either Directly Or Circumstantially196
ii).Torture Or Inhuman Treatment (Article 2(B))196
(1).Torture196
(a).Elements196
(b).Same Regardless Of Article197
(c).Severity Of Pain Or Suffering197
(i).Permanent Injury Not Required197
(ii).Rape Meets Severity Requirement197
(d).Prohibited Purpose Required198
(e).Public Official Not Required198
(2).Inhuman Treatment199
(a).Generally199
(b).Defined199
(c).Application---Inhuman Treatment200
(i).Use Of Persons As "Human Shields"200
(ii).Forced Labor201
iii).Willfully Causing Great Suffering Or Serious Injury To Body Or Health (Article 2(C))201
(1).Defined201
(2).Requires Showing Of Serious Mental Or Physical Injury, Although Need Not Be Permanent Or Irremediable202
iv).Extensive Destruction And Appropriation Of Property Not Justified By Military Necessity And Carried Out Unlawfully And Wantonly (Article 2(D))203
(1).Generally203
(2).Elements203
(3).Two Types Of Property Protected204
(4).Extensive Destruction Required205
(5).Prohibition Of Destruction Of Property Situated In Occupied Territory Inapplicable Where There Is Absolute Military Necessity205
(6).Mens Rea206
v).Compelling A Prisoner Of War Or A Civilian To Serve In The Forces Of A Hostile Power (Article 2(E))206
vi).Willfully Depriving A Prisoner Of War Or A Civilian Of The Rights Of Fair And Regular Trial (Article 2(F))206
vii).Unlawful Deportation Or Transfer Or Unlawful Confinement Of A Civilian (Article 2(G))206
(1).Unlawful Confinement206
(a).Generally206
(b).Unlawful Confinement Has Same Elements As Imprisonment Under Article 5207
(c).Responsibility More Properly Allocated To Those Responsible For Detention, Not Those Who Merely Participate In It, Such As Those Who Maintain A Prison208
(d).Responsibility Of Camp Commander208
(2).Unlawful Transfer209
viii).Taking Civilians As Hostages (Article 2(H))209
(1).Generally209
(2).Application---Taking Civilians As Hostages210
e).Miscellaneous210
i).Occupation (Relevant To Unlawful Labor Of Civilians, Unlawful Transfer And Extensive Destruction Of Property)210
(1).Where "Occupation" Is Relevant210
(2).Definition210
(3).Guidelines For Determining Occupation211
(4).Only Applies To Areas Actually Controlled By The Occupying Power211
(5).Different Test Would Apply Regarding Individuals Or Property And Other Matters212
7.2.War Crimes: Violations Of The Laws Or Customs Of War (Article 3)212
a).Statute212
b).Generally213
i).Article 3 Of The Statute Functions As A Residual Clause, Covering Any Serious Violation Of Humanitarian Law Not Covered By Other Articles Of The Statute213
ii).Conditions For Determining Which Violations Fall Within Article 3 (The "Four Tadic Conditions")214
iii).Violations Of International Humanitarian Law That Are Covered215
(1).Violations Of Common Article 3 Included216
(2).Violations Based On Treaties Included217
iv).Rationale For Why Common Article 3 Violations Are Included218
(1).Violations Of Common Article 3 Infringe A Rule Of International Humanitarian Law218
(2).Common Article 3 Is Part Of Customary Law218
(3).Violations Of Common Article 3 Are Serious219
(4).Common Article 3 Imposes Individual Criminal Responsibility219
v).Application Of The Four "Tadic" Conditions To Specific Crimes Meeting The Requirements Of Article 3221
c).General Elements For Article 3 Crimes221
i).There Must Have Been Armed Conflict, Whether Internal Or International (Element 1)222
(1).Armed Conflict Defined: Assess The Intensity Of The Conflict And The Organization Of The Parties223
(a).Assessment Must Be Done On A Case-By-Case Basis224
(b).Assessing Intensity Of The Conflict224
(c).Assessing Organization Of The Parties225
(d).Banditry, Unorganized And Short-Lived Insurrections, Or Terrorist Activities Excluded225
(e).Additional Objectives Irrelevant226
(i).Application---Additional Objectives Irrelevant226
(2).Application---Armed Conflict227
(a).Armed Conflict In Kosovo Between Serbian Forces And The Kosovo Liberation Army227
(b).Armed Conflict In Bosnia And Herzegovina Between Its Armed Forces And Republika Srpska228
(c).Armed Conflict Involving Croatian Armed Forces And The Jna (Yugoslav Peoples' Army)229
ii).There Must Be A Nexus Between The Armed Conflict And Alleged Offense (Element 2)229
(1).The Acts Of The Accused Must Be Closely Related To The Hostilities230
(2).Factors For Assessing Nexus231
(3).The Armed Conflict Need Not Be Causally Linked To The Crimes, But It Must Have Played A Substantial Role In The Perpetrator's Ability To Commit The Crimes, His Decision To Commit Them, The Manner In Which They Were Committed Or The Purpose For Which They Were Committed231
(4).Crimes May Be Temporally And Geographically Remote From Actual Fighting/International Humanitarian Law Applies In The Whole Territory, Whether Or Not Actual Combat Takes Place There232
(5).To Establish Nexus, Crime Need Not Have Been Planned Or Supported By A Policy233
(6).Single Act May Constitute Violation If The Required Nexus Is Established233
(7).Application---Nexus233
iii).Added Element For Common Article 3 Crimes: Must Be Committed Against Persons Taking No Active Part In The Hostilities236
(1).Assessing Protected Status236
(2).Application---Victims Taking No Active Part In Hostilities236
iv).Mens Rea238
(1).Generally238
(2).Discriminatory Intent Or Motive Not Required238
(3).Distinguish Intent From Motive238
d).Underlying Offenses239
i).Torture239
(1).Defined239
(2).Same Regardless Of Article240
(3).The Prohibition Against Torture Is Jus Cogens240
(4).Severe Pain And Suffering Must Be Inflicted (Element 1)240
(a).Assessing The Severity Of The Torture241
(b).Permanent Injury Not Required242
(c).Mental Suffering Can Qualify242
(d).Act Or Omission As Torture243
(e).Mistreatment Less Severe Than Torture May Constitute Another Offense243
(5).Mens Rea: The Act Or Omission Must Be Intentional (Element 2)243
(6).Prohibited Purpose Or Goal Required (Element 3)244
(a).Prohibited Purpose Need Not Be Predominating Or Sole Purpose245
(7).Perpetrator Need Not Have Acted In An Official Capacity245
(8).Examples Of Acts Constituting Torture247
(a).Rape And Other Forms Of Sexual Violence As Torture247
(9).Application---Torture248
ii).Rape249
(1).Defined249
(2).Prohibition On Rape In Armed Conflicts Long Recognized Under Treaty And Customary International Law249
(3).Status Of Detention Normally Vitiates Consent249
(4).Resistance By Victim And Force By Perpetrator Not Required250
(5).Mens Rea250
iii).Cruel Treatment250
(1).Defined250
(2).Elements Same As Inhuman Treatment251
(3).Mental Suffering Requirement Lower Than For Torture251
(4).Prohibited Purpose Not Required252
(5).Mens Rea252
(6).Practices That Constitute Cruel Treatment252
(a).Use Of Human Shields252
(i).Use Of Human Shields Prohibited Even Where They Are Not Attacked253
(b).Use Of Forced Labor253
(c).Prison Camp Detention Conditions254
(d).Shelling Of Civilian Town255
(e).Unlawful Seizure, Unlawful Detention For Prolonged Periods And Interrogation---Not Cruel Treatment255
iv).Murder256
(1).Elements256
(2).Comparison Between Murder Under Articles 3 And 5 And Willful Killing Under Article 2258
(3).Proof Of Dead Body Not Required259
(4).Suicide As Murder260
(5).Willful Omission To Provide Medical Care As Murder260
(a).Application---Willful Omission To Provide Medical Care As Murder: The Omarska Camp260
(6).Death From Cumulative Effect Of Several Beatings261
(a).Application---Death From Cumulative Effect Of Several Beatings: The Keraterm Camp In Prijedor261
(7).Mens Rea261
(a).Awareness That The Victims Were Persons Taking No Active Part In The Hostilities263
(b).Inferring Mens Rea264
(c).Mens Rea Regarding Murder By Artillery Attack/Shelling264
(8).Application---Murder265
(a).Executions In The Berishe/Berisa Mountains Of Kosovo265
(b).Artillery Attack On The Old Town Of Dubrovnik, Croatia266
(c).Srebrenica Massacre267
(d).Prijedor Municipality---Killings At The Keraterm, Omarska, And Trnopolje Camps267
(e).Prijedor Municipality---Killings During Transports And Expulsions Of The Non-Serb Civilian Population268
(f).Prijedor Municipality---Killings Committed As A Result Of Armed Military And/Or Police Action In Non-Serb Areas269
v).Violence To Life And Person269
vi).Outrages Upon Personal Dignity270
(1).Defined270
(2).Requires Humiliation So Intense Any Reasonable Person Would Be Outraged270
(3).Humiliation Must Be Real And Serious271
(4).Murder Is Not An Outrage Upon Personal Dignity271
(5).Mens Rea272
(6).Prohibited Purpose Not Required272
(7).Discriminatory Intent Or Motive Not Required272
(8).Examples272
vii).Taking Of Hostages273
(1).Elements273
(2).Same As Article 2274
viii).Wanton Destruction Of Cities, Towns Or Villages, Or Devastation Not Justified By Military Necessity (Article 3(B))274
(1).Generally274
(2).Part Of Customary International Law275
(3).Elements275
(4).Devastation And Destruction Equated276
(5).Destruction Or Damage To Property On A Large Scale (Element 1)277
(6).Not Justified By Military Necessity (Element 2)277
(7).Mens Rea (Element 3)278
(8).Application---Wanton Destruction Of Cities, Towns Or Villages, Or Devastation Not Justified By Military Necessity279
ix).Plunder (Article 3(E))279
(1).Generally279
(2).Defined280
(3).Plunder Includes Both Large-Scale Seizures And Appropriation By Individual Soldiers For Their Private Gain281
(4).Plunder Must Involve Serious Violation: Requires Grave Consequences / Sufficient Monetary Value Measured Individually Or Collectively282
(5).Where Prohibition Of Plunder Applies284
(6).Plunder Includes "Pillage" And "Looting"284
(7).When Property May Be Requisitioned Lawfully285
(8).Application---Plunder285
x).Seizure Of, Destruction Or Willful Damage Done To Institutions Dedicated To Religion, Charity And Education, The Arts And Sciences, Historic Monuments And Works Of Art And Science (Article 3(D))286
(1).Generally286
(a).Protection Under International Humanitarian Law286
(i).Institutions Dedicated To Religion Protected Under International Humanitarian Law287
(b).Crime Reflects Customary International Law288
(i).Destruction Of Educational Buildings Part Of Customary International Law288
(2).Elements288
(3).Actual Damage Or Destruction Required289
(4).Military Purposes Exception289
(5).Whether There Is A Requirement That The Institutions May Not Be In The Immediate Vicinity Of Military Objectives290
(6).Mens Rea291
(7).Overlap With Offense Of Unlawful Attacks On Civilian Objects292
(8).Application---Seizure Of, Destruction Or Willful Damage Done To Institutions Dedicated To Religion, Charity And Education, The Arts And Sciences, Historic Monuments And Works Of Art And Science293
(a).Destruction---Attack By The Jna (Yugoslav Peoples' Army) On The Old Town Of Dubrovnik293
(b).Not Justified By Military Necessity293
(c).Mens Rea294
xi).Unlawful Attack On Civilians And Civilian Objects294
(1).Defined294
(2).Prohibition Against Attacking Civilians Stems From Fundamental Principle Of Distinction295
(3).Crime Of Attacking Civilians Or Civilian Objects Is Customary International Law296
(4).Attack296
(5).Unlawful Attack On Civilians297
(a).The Civilian Population Shall Not Be The Object Of Attack297
(b).Civilian Population Defined297
(c).Factors To Consider In Evaluating Whether Civilian298
(d).Cases Of Doubt298
(e).Presence Of Individual Combatants Within The Population Does Not Change Its Civilian Character299
(f).Combatants And Others Directly Engaged In Hostilities Are Legitimate Military Targets299
(g).Combatant Defined300
(h).Combatants Obligated To Distinguish Themselves From Civilian Population300
(i).Members Of Territorial Defense And Armed Forces At Home Remain Combatants300
(j).Collateral Civilian Damage/Principle Of Proportionality301
(6).Unlawful Attack On Civilian Objects302
(a).Civilian Objects Or Property302
(b).Military Objectives302
(c).Cases Of Doubt302
(7).Indiscriminate Attacks May Qualify As Direct Attacks Against Civilians303
(8).No Military Necessity Justification For Attacking Civilians Or Civilians Objects303
(9).Attack Must Have Caused Deaths And/Or Serious Injury To Body Or Health, Or Extensive Damage To Civilian Objects305
(10).Violations By One Side Of Duty To Remove Civilians From Vicinity Of Military Objectives Does Not Relieve Other Side Of Duty To Respect Principles Of Distinction And Proportionality306
(11).Mens Rea306
(a).Awareness Of Civilian Or Civilian Property Status307
(b).Mens Rea Of A Disproportionate Attack308
(12).Application---Unlawful Attack On Civilians And Civilian Objects308
(a).Campaign Of Sniping At, And Shelling Of, Civilians In Sarajevo308
(b).Old Town Of Dubrovnik, Croatia311
xii).Unlawful Confinement Of Civilians312
(1).Involuntary Confinement Not Absolutely Necessary Is Unlawful312
(2).Basic Procedural Rights Must Be Respected312
(3).Where A Person Is Definitely Suspected Of, Or Engaged In, Activities Hostile To The Security Of The State313
xiii).Unlawful Labor314
(1).Defined314
(2).Mens Rea315
xiv).Slavery315
(1).Defined315
(2).Same As "Enslavement" Under Article 5315
(3).Forced Labor Assignments May Constitute Slavery316
(4).Consider Factual Circumstances To Determine Whether Labor Was Involuntary316
(5).Not All Types Of Forced Or Compulsory Labor Are Per Se Unlawful317
(6).Conditions For Labor Under International Humanitarian Law318
xv).Terror Against The Civilian Population318
(1).Defined318
(2)."Terror" Is A Crime Within International Humanitarian Law319
(3).Actual Infliction Of Terror Not An Element Of The Crime319
(4)."Acts Of Violence" Do Not Include Legitimate Attacks Against Combatants320
(5).Mens Rea320
(6).Dissent Questions Whether "Terror" Constitutes A Crime Within The Tribunal's Jurisdiction320
(7).Application---Terror Against The Civilian Population322
pt. 8 War Crimes Jurisprudence Of The International Criminal Tribunal For Rwanda 
1.War Crimes (Article 4)325
a).Statute325
b).Generally325
i).Applicability Needs To Be Assessed325
ii).Common Article 3 And List Of Prohibited Acts In Statute Are Part Of Customary International Law326
iii).Individual Criminal Responsibility Applies327
iv)."Serious Violation" Of Common Article 3 Or Protocol II Required; List Of Prohibited Acts In Article 4 Of The Statute Are Serious Violations328
c).Overall Requirements/Chapeau328
i).Armed Conflict Of A Non-International Character (Element 1)329
1)."Non-International" Defined330
2)."Armed Conflict" Defined330
(a).Internal Disturbances Excluded331
3).Whether Conflict Meets The Requirements Depends On Objective Evaluation, Not Conclusions Of The Parties332
4).Higher Threshold Required For Conflicts Covered By Additional Protocol II332
(a).Armed Conflict Under Protocol II333
(b).Responsible Command334
(c).Carrying Out "Sustained And Concerted Military Operations"334
(d).Able To Implement Additional Protocol II334
5).Application---Non-International Armed Conflict334
ii).Nexus Between The Alleged Violation And The Armed Conflict (Element 2)335
1).Offence Must Be Closely Related To The Hostilities336
2).Factors For Establishing Nexus337
3).Actual Hostilities Not Required In Area Of Crimes; Protections Apply To Whole State, Not Just "Theatre Of Combat"338
4).Application---Nexus To Armed Conflic339
iii).The Victims Were Not Directly Taking Part In The Hostilities At The Time Of The Alleged Violation (Element 3)342
1).Persons Covered: Those Not Directly Taking Part In Hostilities342
2).The Presence Of Non-Civilians Does Not Deprive A Population Of Its Civilian Character343
3).Analyzing Whether The Victim Was Directly Taking Part In The Hostilities344
4).Application---Whether The Victim Was Directly Taking Part In Hostilities/Using Weapons In Self-Defense344
iv).Link Between The Accused And The Armed Forces-Rejected346
1).Civilians May Be Responsible For War Crimes347
d).Underlying Offenses348
i).Violence To Life, Health And Physical Or Mental Well-Being Of Persons, In Particular, Murder As Well As Cruel Treatment Such As Torture, Mutilation Or Any Form Of Corporal Punishment348
1).Murder348
(a).Defined348
(b).Application349
2).Torture350
(a).Defined350
(b).Application351
3).Cruel Treatment351
(a).Defined351
(b).Application352
ii).Collective Punishments352
iii).Taking Of Hostages352
iv).Acts Of Terrorism352
v).Outrages Upon Personal Dignity, In Particular Humiliating And Degrading Treatment, Rape, Enforced Prostitution And Any Form Of Indecent Assault353
1).Defined/Actus Reus353
(a).Includes Sexual Violence353
(b).Humiliating And Degrading Treatment353
(c).Rape354
(i).Application---Rape As An Outrage Upon Personal Dignity354
(d).Indecent Assault354
2).Mens Rea355
vi).Pillage355
vii).The Passing Of Sentences And The Carrying Out Of Executions Without Previous Judgment Pronounced By A Regularly Constituted Court, Affording All The Judicial Guarantees Which Are Recognized As Indispensable By Civilized Peoples355
viii).Threats To Commit Any Of The Foregoing Acts355
 Appendix 
 The Nuremberg Principles359
 Draft Code of Offences against the Peace and Security of Mankind, 1954359
 Draft Code Crimes Against Peace and Security of Mankind (1991)360
 Draft Code of Crimes Against the Peace and Security of Mankind364
 Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field368
 Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea371
 Convention relative to the Treatment of Prisoners of War373
 Convention relative to the Protection of Civilian Persons in Time of War401
 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)428
 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)456
 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity460
 European Convention on the Non-Applicability of Statutory Limitations to Crimes against Humanity and War Crimes, 1974461
 Convention on the Prevention and Suppression of the Crime of Genocide463
 Treaty of Versailles 1919463
 Nuremberg Charter - Charter of the International Military Tribunal 1945464
 Tokyo Charter - Charter of the International Military Tribunal for the Far East468
 Control Council Law No. 10 Punishment of Persons Guilty of War Crimes, Crimes Against Peace and Against Humanity471
 Statute of the International Criminal Tribunal for the Former Yugoslavia473
 Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia479
 Statute of the International Tribunal for Rwanda513
 Rome Statute of the International Criminal Court519
 Rules and Procedure and Evidence for the International Criminal Court557
 International Criminal Court, Elements of Crimes599
 Regulations of the International Criminal Court 2004613
 Statute for the Special Court for Sierra Leone636
Published The Hague, The Netherlands : International Courts Association, c2010.
Description xx, 641 p. ; 24 cm.
Series International criminal law series ; vol. 1
International criminal law series ; v. 1.
Contents History -- Definition of war crimes -- Jurisdiction -- Prosecution of war crimes -- War crimes in international armed conflict -- War crimes in non-international armed conflict -- War crimes jurisprudence of the International Tribunal for the Former Yugoslavia -- War crimes jurisprudence of the International Criminal Tribunal for Rwanda.
Subject War crimes.
International crimes.
Criminal procedure (International law)
International criminal courts.
Humanitarian law.
Added Author Wolf, Willem-Jan van der.
Corporate Author International Courts Association.
ISBN 9058870219
9789058870216
OCLC No. or Control No. 659712213