2016•Oxford University Press eBooksRequires access

8. War crimes

Douglas Guilfoyle

Abstract

This chapter discusses the law of war crimes. It begins by introducing the basic principles of the law of armed conflict (LOAC): distinction and proportionality. It then distinguishes between international and non-international armed conflicts; outlines the contextual element and mental element required for war crimes; provides an overview of the prohibited acts that may form the conduct underlying a war crime; and examines select war crimes in more detail. The chapter concludes with a table comparing the range of offences applicable under the International Criminal Court (ICC) Statute to NIACs and IACs. It also provides a hypothetical scenario to which the law can be applied.

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Key concepts: Proportionality (law), War crime, Element (criminal law), Law, Statute, Political science, Law of war, Criminal law