The impact of "criminalization" on the implementation of international humanitarian law
Host item entries:
Japanese yearbook of international law, Vol. 58, 2015, p. 129-174
This paper seeks to dissect the correlation between international criminal law and international humanitarian law (IHL), with special regard to the impact of the law of war crimes as ascertained by international criminal tribunals upon the system of IHL. The paper starts with examining two preliminary issues : delineating the definitional contours of war crimes; and elucidating the difference in underlying rationales between IHL and international criminal law. Inquiries then turn to more substantive issues: a variety of functions ascribed to the judicial pronouncements of war crimes in relation to IHL; the correlation between the International Criminal Court (ICC) Statute and IHL; implications of some provisions of the Statute that furnish guideline for this relationship. Finally, (prognostic) analyses focus on the evolving relationship between the ICC Statute and customary law. In this light, the paper explores the possibility of the ICC system developing as a "self-contained regime" autonomous of customary law and what ramifications may flow from such a hypothesis upon the existing customary and conventional framework of IHL.