International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled.
Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law.
In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.
1. Introduction, Jadranka Petrovic 2. Taming Westphalian Sovereignty: International Penal Process And The Expansion Of Universal Jurisdiction, Jackson Nyamuya Maogoto 3. Liability For Ordering The Commission Of International Crimes, Sarah Finnin 4. Military Members Claiming Self-Defence During Armed Conflict: Often Misguided And Unhelpful, Ian Henderson And Bryan Cavanagh 5. Accountability For Targeted Killing Operations: International Humanitarian Law, International Human Rights Law, And The Relevance Of The Principle Of Proportionality, Michelle Lesh 6. Humanitarian Access In International Humanitarian Law: Law And Reality In Syria, Phoebe Wynn-Pope 7. The Syrian Conflict And The Use Of Cultural Property For Military Purposes, Jadranka Petrovic and Rebecca Hughes 8. Accountability For Violations Of The Law Of Armed Conflict And The Question Of The Efficacy Of International Criminal Law In Ameliorating Violence In Armed Conflict, Dale Stephens 9. The Fractured Relationship Between Fairness, The Rights Of The Accused, And Disclosure At The International Criminal Court, Sophie Rigney 10. The Australian Experience Of Conducting War Crimes Trials, Vasko Nastevski 11. The ICJ’s Role In Determining Accountability For Violations Of International Humanitarian Law, Andrew Coleman 12. Moving From The Mechanics Of Accountability To A Culture Of Accountability: What More Can Be Done In Addition To Prosecuting War Crimes?, Helen Durham and Eve Massingham