Article

Violence on civilians and prisoners of war in the jurisprudence of international criminal tribunals

Fausto Pocar

• Anuário brasileiro de direito internacional = Brazilian yearbook of international law = Annuaire brésilien de droit international, 4, vol. 2, 2009, p. 11-30

English

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During contemporary conflicts, civilians have been frequently focused within the hostilities, and war prisoners are commonly kept mistreated. These are not rare practices and the International Criminal Court for ex-Yugoslavia and Rwanda (ICTY and ICTR) have provided a detailed jurisprudence on the criminal nature of such activities since their establishment. Both Courts judicial decisions tend to converge, and are enriched by Special Court for Sierra Leona (SCSL) judgments. This article analyses the distinct manners in which civilians and war prisoners were mistreated and identifies the means by which these violence perpetrators must be individually taken as responsible in the light of International Criminal Law. Specifically, it proposes a legal and factual discussion on the violence suffered by civilians and detainees - deportation, forced dislocation, torture and rape - as well on the civilians situation during a combat - trench diggers, human shields and children acting as soldiers.