Prosecution of War Crimes before the ICC

This book draws inspiration from existing practices of the ICC and analyzes some of these achievements and challenges concerning the prosecution of war crimes/enforcement of IHL before the ICC. The common denominator of all contributions is therefore twofold: (i) war crimes, and (ii) the ICC. All contributions identify and unfold issues that present obstacles on the way to the desired aforementioned goal of a successful prosecution of war crimes. Upon assessment of particular issues, the book reveals whether the stance adopted by the ICC either makes reaching this goal easier (achievement), more difficult (challenge), or potentially both.

Provides an accurate overview of the most challenging questions concerning the prosecution of war crimes before the ICC Explores jurisprudence of the ICC and critically evaluates it Contributes to the wider ongoing debate over complex issues of mutual relationship between IHL and ICL

Autorentext

Ondej Svaek 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.

Martin Faix is Senior Lecturer in International Law at the Faculty of Law of the Palacký University in Olomouc, and at the Faculty of Law of the Charles University in Prague (part-time), Czech Republic.

Inhalt

1. Introduction.- 2. The 'Nexus' between International Humanitarian Law and International Criminal Law in the Decision of the Appeals Chamber of the ICC in the Situation of Afghanistan: Towards a Global Battlefield?.- 3. Putin on Trial: Personal Immunities before the International Criminal.- 4. The Principle of Complementarity.- 5. Cumulative Charges and Convictions for War Crimes and Crimes against Humanity and the Promotion of Adherence to IHL.- 6. Digital Evidence in the Practice of the International Criminal Court: What Future for Proceedings on War Crimes Committed in Ukraine?.- 7. Reparations at the International Criminal Court: Dangled Carrot or Path to Healing?.- 8. The ICC's Crucial Role in Ensuring Respect for IHL: Obligations under the Geneva Conventions for States to Cooperate with the ICC.- 9. Conclusions.