ICC Jurisprudence and the Development of International Humanitarian Law

Martin Faix, Ondřej Svaček

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English

Palgrave Macmillan
29 March 2024

Human rights; Civil rights & citizenship; International humanitarian law; International criminal law

Series: Global Issues

This book explores how International Humanitarian Law (IHL) has been developed in the jurisprudence and practice of the International Criminal Court (ICC). A partial focus is given to the phenomenon of child soldiering which became symptomatic for the early practice of the ICC. The book provides readers with broad insight into the activity of the ICC. The first part contains chapters focused on the methodology of law-finding before the ICC, i.e., identification, interpretation, and application of the law. The authors address complex issues concerning the mutual relationship between treaty law (Article 8 of the ICC Statute) and customary international (humanitarian) law and explore the relevance of IHRL in the application and interpretation of Article 8 of the Rome Statute. The second part consists of chapters focused on substantive international criminal law. The authors address issues concerning contextual elements of war crimes, passive personal scope of IHL,denying judicial guarantees as a serious breach of IHL, forms of responsibility, and circumstances precluding wrongfulness.

Edited by: Martin Faix, Ondřej Svaček
Imprint: Palgrave Macmillan
Country of Publication: Switzerland
Edition: 1st ed. 2024
Dimensions: Height: 210mm, Width: 148mm,
ISBN: 9783031459931
ISBN 10: 3031459938
Series: Global Issues
Pages: 273
Publication Date: 29 March 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Martin Faix is Head of the Centre for International Humanitarian and Operational Law and Senior Lecturer in International Law at the Faculty of Law of the Palacký University in Olomouc. Ondřej Svaček is an associate professor at the Department of International and European Law, Faculty of Law, Palacký University in Olomouc and the Department of International and European Law, Faculty of Law, Masaryk University in Brno.