War Crimes, Or When International Law Moved Ahead Domestic Law
War crimes are the cornerstone of the concept of international individual criminal responsibility. This essay tries to elucidate whether the definition of such crimes and the methods of prosecution thereof were initially a domestic criminal law concern in certain states that found its way towards in...
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| Tipo de documento: | artigo |
| Estado: | Versão publicada |
| Data de publicação: | 2016 |
| País: | España |
| Recursos: | Universidad de Sevilla (US) |
| Repositório: | idUS. Depósito de Investigación de la Universidad de Sevilla |
| OAI Identifier: | oai:idus.us.es:11441/70461 |
| Acesso em linha: | https://hdl.handle.net/11441/70461 https://doi.org/10.17103/sybil.20.08 |
| Access Level: | Acceso aberto |
| Palavra-chave: | War crimes International criminal responsability Humanitarian law codification Military criminal jurisdiction over war crimes Criminal jurisdiction over war crimes |
| Resumo: | War crimes are the cornerstone of the concept of international individual criminal responsibility. This essay tries to elucidate whether the definition of such crimes and the methods of prosecution thereof were initially a domestic criminal law concern in certain states that found its way towards international law cooperation efforts and regime or whether the domestic regulation has been the result of ex novo international legal obligations. This is called the epic question. For that purpose, the study analyses the evolution of international treaties on the topic while confronting them with two national legal orders, the United States of America and Spain’s legislation on war crimes, mainly from nineteenth century onwards. These two very different legal orders show various options, including a dual path for military and ordinary criminal definition and prosecution of war crimes at a national level under shifting international and domestic rules. The result of the cross-checking clarifies an interpretation that answers the epic question accordingly. |
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