The place of international criminal law within the context of international humanitarian law
Author zone:
Chris Black
In:
The protection of non-combatants during armed conflict and safeguarding the rights of victims in post-conflict society : essays in honour of the life and work of Joakim Dungel
Editor:
Leiden ; Boston : Brill Nijhoff, [2015]
Physical description:
p. 231-260
Languages:
English
Abstract:
In this chapter Chris Black offers a reflection on the proper place enjoyed by the concept of repression in the broader scheme of international humanitarian law (IHL). He undertakes to demonstrate how IHL's primary focus is to prevent violations rather than responding to them. He argues that it is only within the context of taking corrective (or possibly repressive) action in the event of serious violations of IHL that a potential criminal justice response arises. He then examines the inter-relationship of two different conceptions of IHL and cautions that excessive attention to international criminal prosecutions may undermine IHL's preventative aims.
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