Jump to ContentJump to Main Navigation
International Crimes and the Ad Hoc Tribunals$
Users without a subscription are not able to see the full content.

Guénaël Mettraux

Print publication date: 2006

Print ISBN-13: 9780199207541

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207541.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 January 2022

War Crimes in Internal Armed Conflicts

War Crimes in Internal Armed Conflicts

Chapter:
(p.130) 9 War Crimes in Internal Armed Conflicts
Source:
International Crimes and the Ad Hoc Tribunals
Author(s):

Guénaél Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207541.003.0009

This chapter examines the question of whether a war crime can be committed in the context of an internal armed conflict. Although an affirmative answer to this question may appear to be self-evident today, from the point of view of customary international law, the response was not such a straightforward one when the question was first raised before the ad hoc tribunal for the former Yugoslavia. The statute of the Yugoslav tribunal did not explicitly provide for, nor did it exclude, the criminalisation of serious violations of the laws or customs of war if they were committed within the context of an internal armed conflict. This chapter discusses serious violations of common Article 3 of the Geneva Conventions as well as serious violations of Additional Protocol II and the statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia.

Keywords:   war crimes, internal armed conflicts, Geneva Conventions, statutes, Additional Protocol II, international law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .