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Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.8 War crimes/Crimes de guerre

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 23 June 2021

Subject(s):
Elements of crimes — International criminal law, conduct of proceedings — Weapons, nuclear — Evidence

This chapter comments on Article 8 of the Rome Statute of the International Criminal Court. Article 8 defines war crimes, one of four categories of offence within the subject-matter jurisdiction of the International Criminal Court. Much more than a codification of earlier law and practice, the Rome Statute's provisions on war crimes provide a relatively comprehensive codification of war crimes committed in non-international armed conflict. They also recognize new crimes, such as the recruitment of child soldiers and attacks on peacekeepers. However, they also fall short in some important respects, failing to provide adequate criminalization of prohibited weapons, the result of a nuclear impasse.

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