Some Asian States' opposition to the concept of war crimes in non-international armed conflicts and its legal implications
Host item entries:
Asian yearbook of international law, Vol. 14 (2008), p. 71-99
The concept of war crimes in non-international armed conflicts is a relatively recent rule in contemporary international law. Although it has been confirmed by the two ad hoc UN international criminal tribunals, provided in conventional international law and the domestic criminal laws of quite a few States, as well as endorsed by the majority of international law scholars, it is not completely impossible to challenge its status as customary international law. Its greatest problem lies in the absence of sufficient State practices. In the author's opinion, it is at most an emerging rule in customary international law. The oppositions to the concept by some Asian States, namely China, India and Pakistan, could be accommodated as persistent objectors in international law.