Chapter

Military or civilian jurisdiction for international crimes ? : an approach from self-interest in accountability of armed forces in international law

Elizabeth Santalla Vargas

Military self-interest in accountability for core international crimes

Brussels : Torkel Opsahl Academic EPublisher, 2015

p. 401-425

English

This chapter seeks to address the question of how the selection of jurisdictional forum for core international crimes may serve the military interest. Assisted by regional and international case law and practice, especially the Latin American experience, Elizabeth Santalla Vargas argues that civilian courts should try human rights violations, even if they are committed by military personnel. Similarly, civilian courts are generally more suitable to try war crimes, despite the controversies surrounding them in some contexts. The legitimacy and credibility of the jurisdictional forum may favour the military by minimising risks of superior responsibility and living up to the complementarity test used by the ICC.

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• Military self-interest in accountability for core international crimes / Morten Bergsmo and Song Tianying (ed.)