War crimes and the conduct of hostilities
Subtitle: challenges to adjudication and investigation
By: edited by Fausto Pocar, Professor Emeritus of International Law, University of Milan, Italy, Appeals Judge and past President ICTY, the Hague, the Netherlands; Marco Pedrazzi, Professor of International Law, Department of International, Legal, Historical and Political Studies, University of Milan, Italy; Micaela Frulli, Associate Professor of International Law, Department of Legal Sciences, University of Florence, Italy; with cooperation of Andrea Cannone, Paola Gaeta, Edoardo Greppi and Giuseppe Nesi .
Publisher: Edward Elgar; Elgar Publishing, Incorporated, Edward
Published: 2013
Place of publication: Cheltenham, UK
Language: eng
Number of pages: 383
ISBN-13: 9781781955918; 9781781955925
Subjects: War crimes; War (International law)
Description: "Although the public thinks of "war crimes" as a generic term covering all international prosecutions, offences concerning the conduct of hostilities have been largely overshadowed by cases dealing with the oppression of civilians, mainly under the rubric of crimes against humanity. With this excellent and accessible volume, we now have a substantial examination of the criminal law applicable to what was hitherto a somewhat neglected area. Recent judicial decisions indicate that the relevance of the subject seems destined to increase."--William Schabas, Middlesex University, UK. 'This comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual violence, and attacks on peacekeepers.

Through rigorous analysis, elegant prose, original insights, and vivacious interconnections, this book enlivens the actual enforcement and application of international war crimes law. This book will serve as an indispensable tool for the many stakeholders invested in evenhanded, informed, and wise pursuit of post-conflict justice through a diverse array of mechanisms.' - Mark A. Drumbl, Washington and Lee University, US. Most charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law.

War Crimes and the Conduct of Hostilities identifies the challenges faced by prosecutors, investigators and courts and tribunals in the definition, investigation and adjudication of war crimes, based on violations of the rules of international humanitarian law on the conduct of hostilities. Detailed and topical sections in the book include: violations of the principles of distinction, proportionality and precaution, violations of the rules protecting particular categories of persons, violations of the rules on means of warfare and the special case of terrorism in armed conflicts. This indispensable study will strongly benefit academics, students, lawyers, judges and practitioners in international criminal law, international humanitarian law and human rights law. Government and public administration officials, along with NGO members, will also find much to interest them in this timely book.
Notes: Includes bibliographical references and index.
Table of contents: title: The criminalization of the violations of international humanitarian law from Nuremberg to the Rome Statute / Fausto Pocar; title: Serious violations of the law on the conduct of hostilities : A neglected class of war crimes? / Paola Gaeta; title: To what extent do the international rules on human rights matter? / Edoardo Greppi; title: Direct attacks on civilians and indiscriminate attacks as war crimes / Francesco Moneta; title: The criminalization and prosecution of attacks against cultural property / Andrea Carcano; title: Using human shields as a war crime / Marco Pedrazzi; title: The enlistment, conscription and use of child soldiers as war crimes /      Alberto Oddenino; title: Criminalizing rape and sexual violence as methods of warfare / Ludovica Poli; title: The crime of attacking peacekeepers / Andrea Spagnolo; title: The use of prohibited weapons and war crimes / Andrea Cannone; title: New weapons, old crimes? / Marina Castellaneta; title: The criminalization of the use of biological and chemical weapons / Annita Larissa Sciacovelli; title: Arms transfer and complicity in war crimes / Antonio Leandro; title: International terrorism, the law of war and the negotiation of a UN comprehensive convention / Giuseppe Nesi; title: Terror and terrorism in armed conflicts : Developments in international criminal law / Julinda Beqiraj; title: Fighting terror within the law? : Terrorism, counterterrorism and military occupations / Marco Pertile; title: The relevance of international humanitarian law in national case law on terrorism / Antonino Alì; title: The challenges of establishing the facts in relation to 'Hague law' violations / Stephen Wilkinson; title: UN fact-finding commissions and the prosecution of war crimes : An evolution towards justice-oriented missions? / Micaela Frulli; title: Fact-finding by international human rights institutions and criminal prosecution / Simone Vezzani