The relationship of international humanitarian law and war crimes : international criminal tribunals and their statutes
Contemporary challenges to the laws of war : essays in honour of professor Peter Rowe
Cambridge : Cambridge University Press, 2014
The law of war crimes is not the same as IHL per se, although, the two have large overlaps. There are differences, on both sides, which ought to be borne in mind. Therefore, this contribution looks at how IHL and the law of war crimes have been seen to relate and how one has contributed to the other, with specific reference to the approach of international criminal tribunals to the issue. It does so, after some initial comments about the conceptual relationship between the two, by looking at the extent to which international criminal tribunals have considered themselves to apply their Statutes as determinative of the substantive law they are to apply, or as at least a partial renvoi to IHL (and within that, what version of IHL), and thus, the extent to which their judgments can contribute to our understanding of the latter body of law.