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International Humanitarian Law Commons™
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- International Criminal Law (4)
- Human Rights Law (3)
- Complicity (2)
- International humanitarian law (2)
- Operational Law (2)
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- War crimes (2)
- Aiding and assisting (1)
- Armed groups (1)
- Assistance (1)
- Attribution (1)
- Autonomous cyber weapons (1)
- Causality (1)
- Command Responsibility (1)
- Command and control (1)
- Command responsibility (1)
- Crime (1)
- Crimes against humanity (1)
- Customary International Law (1)
- Cyber Law (1)
- Detention (1)
- Effective control (1)
- End of hostilities (1)
- Extra-territorial application of human rights (1)
- Fair trial (1)
- Fault (1)
- General Comment 35 (1)
- Geneva Conventions (1)
- Genocide (1)
- Grave breaches (1)
Articles 1 - 6 of 6
Full-Text Articles in International Humanitarian Law
Should Have Known Better? The Standard Of Knowledge For Command Responsibility In International Criminal Law, Roee Bloch
Should Have Known Better? The Standard Of Knowledge For Command Responsibility In International Criminal Law, Roee Bloch
International Law Studies
The criminal doctrine of command responsibility has a rich legal history, which makes it a widely recognized, if unsettled, concept of international criminal law. This article focuses on a key element of command responsibility: the commander’s knowledge of a subordinate's crimes. This article argues that current customary law instructs to apply a standard of actual knowledge of the commander, rather than the lower standard of constructive knowledge. The article reaches this conclusion by observing the primary shaping factor of international law—State behavior. Through the example of six diverse legal systems, the article demonstrates how the approach of legislative, executive, and …
Animating The U.S. War Crimes Act, Beth Van Schaack
Animating The U.S. War Crimes Act, Beth Van Schaack
International Law Studies
All war crimes are challenging to prosecute. Typical reasons include the technicality of some constitutive elements, the difficulties of amassing sufficient evidence, the vagaries of unreliable or unavailable witnesses, and the often-impenetrable khaki wall of silence. Adding to these challenges, the United States has erected a number of idiosyncratic structural barriers in the way in which it has incorporated the prohibitions against war crimes into its domestic legal frameworks, both military and civilian. This article addresses problems with the U.S. federal war crimes statute and proposes reforms that would (1) better conform to U.S. obligations under the Geneva Conventions and …
Intelligence Sharing In Multinational Military Operations And Complicity Under International Law, Marko Milanovic
Intelligence Sharing In Multinational Military Operations And Complicity Under International Law, Marko Milanovic
International Law Studies
This article examines the international legal framework applicable to intelligence sharing in multinational military operations, with a particular focus on complicity scenarios. It first provides a theoretical overview of the role of fault in complicity, of how intent and knowledge can be conceptualized, and of the attribution of fault to States. It then looks in detail at the rule codified in Article 16 of the International Law Commission’s Articles on State Responsibility, and argues that this rule is best understood as employing multiple modes of fault (direct and indirect intent and wilful blindness). The article also argues that international humanitarian …
Autonomous Cyber Weapons And Command Responsibility, Russell Buchan, Nicholas Tsagourias
Autonomous Cyber Weapons And Command Responsibility, Russell Buchan, Nicholas Tsagourias
International Law Studies
Autonomous cyber weapons have made their way onto the battlefield, raising the question of whether commanders can be held criminally responsible under command responsibility when war crimes are committed. The doctrine of command responsibility has a long history in international criminal law and comprises three core elements: the existence of a superior-subordinate relationship, the commander’s knowledge of the crime, and the commander’s failure to prevent or repress the subordinate’s criminal actions. This article unpacks the content of these elements and applies them to autonomous cyber weapons by treating them as being analogous to soldiers since they operate within an organized …
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
International Law Studies
This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the …
Detention By Armed Groups Under International Law, Andrew Clapham
Detention By Armed Groups Under International Law, Andrew Clapham
International Law Studies
Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.