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International Crimes and the Ad Hoc Tribunals$
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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

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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

(p.130) 9 War Crimes in Internal Armed Conflicts
International Crimes and the Ad Hoc Tribunals

Guénaél Mettraux

Oxford University Press

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

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