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Ch.III War Crimes

From: Treatise on International Criminal Law (2nd Edition)

Kai Ambos

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 01 December 2023

War crimes — Armed conflict — Ius ad bellum — Ius in bello

This chapter examines the concept of war crime that may be understood in both a broad and a narrow sense. In a broad sense, it encompasses all criminal acts committed in a war or an armed conflict, notwithstanding their character as war crimes in a narrow sense or other international crimes, in particular crimes against humanity. It deals with war crimes stricto sensu, specifically the ones codified in Article 8 of the International Criminal Court (ICC) Statute. The chapter talks about the crimes of armed conflict that belong to the ‘ius in bello’ and must be distinguished from punishable acts based on violations of the ‘ius ad bellum’, which may amount to a crime of aggression to be dealt with in Chapter 4.

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