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The Principles Of Distinction And Proportionality Under The Framework Of International Criminal Responsibility -Content And Issues-, Marco A. Velásquez-Ruiz
The Principles Of Distinction And Proportionality Under The Framework Of International Criminal Responsibility -Content And Issues-, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This article seeks to illustrate how the Principles of Distinction and Proportionality, coming from a branch of primary rules (International Humanitarian Law) have a relevant influence on the modern system of international criminal responsibility, consecrated in the Statute of the International Criminal Court, ICC. It is found that even if the latter contains provisions –war crimes– reproaching conducts due to their indiscriminate character, there are gaps related with the meaning and extension of such criminal conducts; this problematic is explained on one hand, by the political reluctance of States to compromise their sovereignty, and the specificities of the punitive function …