Publication | Open Access
Is International Law Moving towards Criminalization?
153
Citations
0
References
1998
Year
International CriminologyInternational Legal StudiesWar CrimeCrime Against HumanityInternational RelationsLawCriminal LawInternational CrimesInternational Criminal CourtsInternational Criminal PracticeInternational Criminal LawInternational LawWar CrimesInternational Criminal TribunalsInternational CourtArmed ConflictNon-international Conflicts
International Criminal Tribunals for Yugoslavia and Rwanda illustrate a growing trend toward criminalizing breaches of international law, especially concerning individual responsibility in armed conflicts, while the legal status of non‑Geneva Convention actions remains uncertain. The article surveys developments in criminal responsibility for breaches of international law, covering corporate and state acts. The study examines legal frameworks and jurisprudence to evaluate criminal responsibility for corporations and states. The author concludes that international law is increasingly criminalized, with expanding jurisdiction in both international and domestic tribunals driven by customary law developments.
The International Criminal Tribunals for the former Yugoslavia and for Rwanda reflect an increasing criminalization of international law. This article surveys developments in criminal responsibility for breaches of international law, including acts of corporations and states. The primary focus, however, is on the responsibility of individuals in both International and non-international armed conflicts. While the position during international armed conflicts is generally well developed, that of actions not covered by the Geneva Conventions remains unclear, as exemplified by the question of responsibility under treaties relating to the use of land mines and the use of blinding laser weapons. Non-international conflicts are discussed in most detail, particularly strategies for expanding the obligations arising under international law in relation to ostensibly internal conflicts. The author argues that not only is there a clear trend toward the criminalization of international law, but that the trend is supported by the simultaneous expansion of jurisdiction to prosecute crimes arising from both international and non-international conflicts, in both international and domestic tribunals, which in turn has been spurred by recent developments in customary law.