Intervention of humanity or the use of force to halt mass-atrocity crimes, the peremptory prohibition of aggression and the interplay between jus ad bellum, jus in bello and individual criminal responsibility on the crime of aggression
David Donat Cattin
International law and the protection of humanity : essays in honor of Flavia Lattanzi
Leiden ; Boston : Brill Nijhoff, 2017
This chapter seeks to demonstrate how recent normative developments in international law such as the adoption of the Rome Statute and of the legally binding Kampala Amendments on the Crime of Aggression reinforce the theory of Flavia Lattanzi on the legality of humanitarianinterventions (or "interventions of humanity"), which must fulfil a strict set of definitional criteria that States have very often failed to respect. It aims at further developing and specifying the content of the doctrine of humanitarianinterventions by proposing a normative and, at the same time, pragmatic approach to States’ practice that blurs the most essential prescriptions of the jus in bello and the jus ad bellum. In the author’s view, States may ultimately be able to align their practice to this approach in light of the progressive development of international criminal law.