ABSTRACT

International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled.

Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law.

In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.

chapter |25 pages

Introduction

chapter |27 pages

Taming Westphalian sovereignty

International penal process and the expansion of universal jurisdiction

chapter |22 pages

Military members claiming self-defence during armed conflict

Often misguided and unhelpful

chapter |22 pages

Accountability for targeted killing operations

International humanitarian law, international human rights law and the relevance of the principle of proportionality

chapter |19 pages

Humanitarian access in international humanitarian law

The case of Syria and Security Council Resolution 2139 (2014)

chapter |15 pages

Moving from the mechanics of accountability to a culture of accountability

What more can be done in addition to prosecuting war crimes?