The characterization of armed conflict in the jurisprudence of the ICC / Anthony Cullen
Document type:
Chapter
Title:
The characterization of armed conflict in the jurisprudence of the ICC
Author zone:
Anthony Cullen
In:
The law and practice of the International Criminal Court
Editor:
Oxford : Oxford University Press, 2015
Physical description:
p. 762-777
Languages:
English
Abstract:
The existence of armed conflict is the most fundamental prerequisite for the exercise of jurisdiction over war crimes. This chapter probes the characterization of armed conflict in the case-law of the ICC. It shows that the ICC has relied heavily on the jurisprudence of the ICTY concerning the conceptualization of non-international armed conflict (e.g. Tadic) and internationalization of prima facie internal armed conflict based on the overall control test. It argues that maintaining the integrity of armed conflict as a concept of international humanitarian law is one of the greatest longer-term challenges facing the Court.
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| Call number | Availability / Due date |
|---|---|
| 344/672 | See main document |