ICC Jurisprudence and the Development of International Humanitarian Law

This book explores how International Humanitarian Law (IHL) has been developed in the jurisprudence and practice of the International Criminal Court (ICC). A partial focus is given to the phenomenon of child soldiering which became symptomatic for the early practice of the ICC. The book provides readers with broad insight into the activity of the ICC. The first part contains chapters focused on the methodology of law-finding before the ICC, i.e., identification, interpretation, and application of the law. The authors address complex issues concerning the mutual relationship between treaty law (Article 8 of the ICC Statute) and customary international (humanitarian) law and explore the relevance of IHRL in the application and interpretation of Article 8 of the Rome Statute. The second part consists of chapters focused on substantive international criminal law. The authors address issues concerning contextual elements of war crimes, passive personal scope of IHL,denying judicial guarantees as a serious breach of IHL, forms of responsibility, and circumstances precluding wrongfulness.

Explores how international humanitarian law has been developed in the jurisprudence and practice of the ICC Addresses complex issues on the mutual relationship between treaty law and customary international law Unpacks the methodology of law finding before the ICC

Autorentext

Martin Faix is Head of the Centre for International Humanitarian and Operational Law and Senior Lecturer in International Law at the Faculty of Law of the Palacký University in Olomouc.

Ondrej Svacek is an associate professor at the Department of International and European Law, Faculty of Law, Palacký University in Olomouc and the Department of International and European Law, Faculty of Law, Masaryk University in Brno.

Klappentext

This book explores how International Humanitarian Law (IHL) has been developed in the jurisprudence and practice of the International Criminal Court (ICC). A partial focus is given to the phenomenon of child soldiering which became symptomatic for the early practice of the ICC. The book provides readers with broad insight into the activity of the ICC. The first part contains chapters focused on the methodology of law-finding before the ICC, i.e., identification, interpretation, and application of the law. The authors address complex issues concerning the mutual relationship between treaty law (Article 8 of the ICC Statute) and customary international (humanitarian) law and explore the relevance of IHRL in the application and interpretation of Article 8 of the Rome Statute. The second part consists of chapters focused on substantive international criminal law. The authors address issues concerning contextual elements of war crimes, passive personal scope of IHL,denying judicial guarantees as a serious breach of IHL, forms of responsibility, and circumstances precluding wrongfulness.

Inhalt
Chapter 1- The Contribution of the International Criminal Court to the development of International Humanitarian Law.- Part I: Methodology of law-finding before the International Criminal Court.- Chapter 2- Freezing or consolidating the development of war crimes law? The International Criminal Court and the role of judicial innovation.- Chapter 3- The development of international humanitarian law in the jurisprudence of the International Criminal Court: Formulation and interpretation of Article 8 of the Rome Statute.- Chapter 4: Comparing international criminal tribunals' interpretive approaches to international humanitarian law.- Chapter 5- Human Rights Rules and Principles in the Legal Regime of the International Criminal Court: Refining the Super-legality Approach. Part II: Developments in respect of the substantive elements of international criminal law.- Chapter 6 -The contribution of the International Criminal Court towards conflict classification from Lubanga to Ongwen: Demystifying or muddying the notion of 'protracted armed conflict' under Article 8(2)(f) of the Rome Statute.- Chapter 7 -The International Criminal Court and the protection of child soldiers against intra-party violence.- Chapter 8- 'Regularly Constituted' Courts of Non-State Armed Groups between Rome and Geneva.- Chapter 9- The interplay between international and national law in Colombia's Special Jurisdiction for Peace. Chapter 10-Contextualizing Ongwen at the ICC: Underlying narratives and the expressivist function of judgments.