Accountability for Violations of International Humanitarian Law: Essays in Honour of Tim McCormack

Author: Jadranka Petrovic
Publisher: Routledge
ISBN: 9781138025264

Published In: August 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781138713284

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Accountability for Violations of International Humanitarian Law considers the various issues emanating from present-day breaches of norms of international humanitarian law (IHL) and at how impunity for such breaches can be tackled. ,/P.

This book is particularly concerned with the interplay between the rules governing accountability for violations of IHL and those of other areas of law, including international criminal law, human rights law, arms control law, general principles of international law, national constitutional law and national criminal law in terms of military discipline.

Experts in the field come together in this volume to honour Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on international humanitarian law. Through a careful examination of the different aspects and challenges arising from determining accountability for IHL violations the book explores the systemic connections between various areas of law in the military context, especially in light of the intense interest in ‘fragmentation’ and ‘normative pluralism’ in current international law scholarship.

1. Introduction, Jadranka Petrovic

Part 1: International humanitarian law and justice matters

2. Taming Westphalian sovereignty: international penal process and the expansion of universal jurisdiction, Jackson Maogoto

3.The doctrine of causation in international criminal law, Sarah Finnin

4. The ‘defence’ of self-defence under criminal law and the law concerning targeting in an armed conflict, Ian Henderson and Bryan Cavanagh

5. The use of cultural property for military purposes under IHL and international criminal law, Jadranka Petrovic and Rebecca Hughes

6. Fairness, the procedural rights of the accused, and disclosure practices at the International Criminal Court, Sophie Rigney

7. Law and war – the efficacy of international criminal law in ameliorating violence in armed conflict, Dale Stephens

8. Internal disciplinary systems of armed forces under international humanitarian law, Alison Duxbury and Rain Liivoja

9. The Australian experience of conducting war crimes trials, Vasko Nastevski

Part 2: Other aspects of accountability for violations of international humanitarian law norms

10. The cultural aspects of accountability for violations of IHL norms: what can and should be done in addition to prosecuting war crimes?, Helen Durham and Eve Massingham

11. The interaction of the IHL and international human rights law rules in the context of investigating targeted killing operations, Michelle Lesh

12. The role of the ICJ in protecting international humanitarian values: a look at the Kosovo Opinion, Andrew Coleman

13. The dilemma of neutrality: United Nations Security Council demands versus humanitarian agency realities, Phoebe Wynn-Pope

14. Regulation of trade in conventional arms and light weapons from a historical perspective, Roisin Burke and Cian Burke