War Crimes and the Conduct of Hostilities

Edited by Fausto Pocar, Professor Emeritus of International Law, University of Milan, Italy and Judge, ICTY, ICTR and ICJ, Marco Pedrazzi, Professor of International Law, Department of International, Legal, Historical and Political Studies, University of Milan and Micaela Frulli, Professor of International Law, University of Florence, Italy

‘Although the public thinks of “war crimes” as a generic term covering all international prosecutions, offences concerning the conduct of hostilities have been largely overshadowed by cases dealing with the oppression of civilians, mainly under the rubric of crimes against humanity. With this excellent and accessible volume, we now have a substantial examination of the criminal law applicable to what was hitherto a somewhat neglected area. Recent judicial decisions indicate that the relevance of the subject seems destined to increase.’

• Contents:Preface PART I: SETTING THE LEGAL FRAMEWORK1. The Criminalization of the Violations of International Humanitarian Law from Nuremberg to the Rome StatuteFausto Pocar2. Serious Violations of the Law on the Conduct of Hostilities: A Neglected Class of War Crimes?Paola Gaeta3. To What Extent do the International Rules on Human Rights Matter?Edoardo GreppiPART II: VIOLATIONS OF THE PRINCIPLES OF DISTINCTION, PROPORTIONALITY AND PRECAUTION4. Direct Attacks on Civilians and Indiscriminate Attacks as War CrimesFrancesco Moneta 5. The Criminalization and Prosecution of Attacks Against Cultural PropertyAndrea Carcano 6. Using Human Shields as a War Crime Marco PedrazziPART III: VIOLATIONS OF THE RULES PROTECTING PARTICULAR CATEGORIES OF PERSONS7. The Enlistment, Conscription and Use of Child Soldiers as War Crimes Alberto Oddenino 8. Criminalizing Rape and Sexual Violence as Means of WarfareLudovica Poli 9. The Crime of Attacking Peacekeepers Andrea SpagnoloPART IV: VIOLATIONS OF THE RULES ON MEANS OF WARFARE10. The Use of Prohibited Weapons and War CrimesAndrea Cannone 11. New Weapons, Old Crimes?Marina Castellaneta12. The Criminalization of the Use of Biological and Chemical WeaponsAnnita Larissa Sciacovelli13. Arms Transfer and Complicity in War CrimesAntonio Leandro PART V: THE SPECIAL CASE OF TERRORISM IN ARMED CONFLICTS14. International Terrorism, the Law of War and the Negotiation of a UN Comprehensive ConventionGiuseppe Nesi15. Terror and Terrorism in Armed Conflicts: Developments in International Criminal LawJulinda Beqiraj16. Fighting Terror within the Law? Terrorism, Counterterrorism and Military OccupationsMarco Pertile17. The Relevance of International Humanitarian Law in National Case Law on Terrorism Antonino AlìPART VI: INVESTIGATIONS AND FACT FINDING: A(N) (IM)POSSIBLE MISSION?18. The Challenges of Establishing the Facts in Relation to ‘Hague Law’ Violations Stephen Wilkinson19. UN Fact-Finding Commissions and the Prosecution of War Crimes: An Evolution Towards Justice-Oriented Missions? Micaela Frulli20. Fact-Finding by International Human Rights Institutions and Criminal ProsecutionSimone VezzaniIndex