Chapter

International legal regimes, armed forces and international jurisdictions

Marco Odello

Armed forces and international jurisdictions

Cambridge [etc.] : Intersentia, 2013

p. 15- 50

English

The author discusses laws that apply to armed forces in the context of the relationship between International Humanitarian Law (IHL) and International Human Rights Law (IHRL). He begins by examining the historical context in which these areas of law developed. The author finds that the traditional distinction between Laws of Peace and Laws of War can no longer be upheld in the context of contemporary forms of violence that do not fit within traditional categories of armed conflict. He finds IHL and IHRL difficult to apply where, for example, armed forces cannot be seen as engaging in “armed conflict”. The author finds that although the International Court of Justice clarifies the relationship between IHL and IHRL in certain contexts, uncertainty remains. Additionally, the author considers the applicability of IHL where a State exercises effective control over a certain territory, even where it belongs to another State. The author discusses the difficulty of implementing IHL, specifically in relation to problems of ratione materiae and rationae personae where different jurisdictions are subject to rules regarding particular subject-matter or specific individuals. Lastly, the author considers the ability of International Criminal Law to address problems related to prosecutions based on violations of both IHL and IHRL. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• Armed forces and international jurisdictions / Marco Odello, Francesco Seatzu (eds.)