ICC Jurisprudence and the Development of International Humanitarian Law / edited by Martin Faix, Ondřej Svaček.

Format:

Book

Contributor:

Faix, Martin, editor.

Svaček, Ondřej, editor.

Series:

Global Issues, 2947-8871

Language:

English

Subjects (All):

International law.

Human rights.

International criminal law.

Public International Law.

Politics and Human Rights.

Human Rights.

International Criminal Law.

Local Subjects:

Public International Law.

Politics and Human Rights.

Human Rights.

International Criminal Law.

Physical Description:

1 online resource (285 pages)

Edition:

1st ed. 2024.

Place of Publication:

Cham : Springer International Publishing : Imprint: Palgrave Macmillan, 2024.

Summary:

This book explores how International Humanitarian Law (IHL) has been developed in the jurisprudence and practice of the International Criminal Court (ICC). A partial focus is given to the phenomenon of child soldiering which became symptomatic for the early practice of the ICC. The book provides readers with broad insight into the activity of the ICC. The first part contains chapters focused on the methodology of law-finding before the ICC, i.e., identification, interpretation, and application of the law. The authors address complex issues concerning the mutual relationship between treaty law (Article 8 of the ICC Statute) and customary international (humanitarian) law and explore the relevance of IHRL in the application and interpretation of Article 8 of the Rome Statute. The second part consists of chapters focused on substantive international criminal law. The authors address issues concerning contextual elements of war crimes, passive personal scope of IHL, denying judicial guarantees as a serious breach of IHL, forms of responsibility, and circumstances precluding wrongfulness. Martin Faix is Senior Lecturer in International Law at the Faculty of Law of the Palacký University in Olomouc, and at the Faculty of Law of the Charles University in Prague (part-time), Czech Republic. Ondřej Svaček is an associate professor at the Department of International and European Law, Faculty of Law, Palacký University in Olomouc and the Department of International and European Law, Faculty of Law, Masaryk University in Brno.

Contents:

Chapter 1- The Contribution of the International Criminal Court to the development of International Humanitarian Law

Part I: Methodology of law-finding before the International Criminal Court

Chapter 2- Freezing or consolidating the development of war crimes law? The International Criminal Court and the role of judicial innovation

Chapter 3- The development of international humanitarian law in the jurisprudence of the International Criminal Court: Formulation and interpretation of Article 8 of the Rome Statute

Chapter 4: Comparing international criminal tribunals’ interpretive approaches to international humanitarian law

Chapter 5- Human Rights Rules and Principles in the Legal Regime of the International Criminal Court: Refining the Super-legality Approach. Part II: Developments in respect of the substantive elements of international criminal law

Chapter 6 -The contribution of the International Criminal Court towards conflict classification from Lubanga to Ongwen: Demystifying or muddying the notion of ‘protracted armed conflict’ under Article 8(2)(f) of the Rome Statute

Chapter 7 -The International Criminal Court and the protection of child soldiers against intra-party violence

Chapter 8- ‘Regularly Constituted’ Courts of Non-State Armed Groups between Rome and Geneva

Chapter 9- The interplay between international and national law in Colombia’s Special Jurisdiction for Peace. Chapter 10-Contextualizing Ongwen at the ICC: Underlying narratives and the expressivist function of judgments.

ISBN:

9783031459948

3031459946