Implementing International Humanitarian Law: From the AD Hoc Tribunals to a Permanent International Criminal Court

By Yusuf Aksar | Go to book overview
Save to active project

3

Individual Criminal Responsibility in International Law

Introduction

Despite the fact that international humanitarian law and international human rights law are interrelated in protecting the rights of individuals, there are significant differences between the two branches of international law with regard to being a subject of international law. International humanitarian law originated in customary law and sought to implement individual criminal responsibility through either domestic courts or international institutions (tribunals or courts, ad hoc or permanent). Human rights law is a recent category of international law and regulates the relations between States and individuals who are seeking protection of their rights, primarily against States. 1 As will be explained below, although the purpose of international humanitarian law is to enforce individual criminal responsibility, this concept could not be truly implemented by the international community until recent times, and States remain internationally responsible since they are the principal subject of international law. However, during the twentieth century the international community has witnessed two World Wars and a number of international or non-international armed conflicts around the world.These events resulted in the notion that individual criminal responsibility should be enforceable by international and national courts or tribunals in order to deter future crimes and to prevent future conflicts. The establishment of the ICTY and the ICTR by the Security Council under Chapter VII of the UN Charter as a measure to protect international peace and security, and the practice of these ad hoc tribunals are the latest examples proving that individual criminal responsibility is enforceable at the international level for crimes which are of concern to the international community. Moreover, the adoption of the Statute of the ICC by a large number of States indicated that the principle of individual criminal responsibility and its implementation is one of the most important desires of the international community in achieving a universal justice for

1. For the differences and similarities between international human rights and international humanitarian law, see Vinuesa, R.E., 'Interface, Correspondence and Convergence of Human Rights and International Humanitarian Law' (1998), 1 YIHL, p. 69.

-71-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Implementing International Humanitarian Law: From the AD Hoc Tribunals to a Permanent International Criminal Court
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 314

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?