War Crimes in Internal Conflicts: Article 8 of the ICC Statute

In: Yearbook of international humanitarian law, Band 2, S. 193-209

Abstract

The development of rules governing non-international, or internal, armed conflicts has long been characterized by a profound tension between concerns of sovereignty and concerns of humanity. Historically, strong sovereignty-oriented interests dictated a slow and cautious pace of progress in this sensitive area. In recent years, however, a growing humanitarian concern for the protection of victims has prompted rapid developments in the regulation of internal armed conflict. This transformation has been greatly assisted by the establishment of the twoad hocTribunals for the former Yugoslavia and Rwanda by the Security Council, in 1993 and 1994 respectively, and the operation of these bodies. Clear trends in this area include not only the articulation and recognition of a growing body of norms applicable in internal armed conflicts but also the expanding criminalization of violations of those norms. In a world where most armed conflicts are of a non-international character, these developments are of the greatest significance.From 15 June to 17 July 1998, delegations from 160 countries assembled in Rome to negotiate and adopt a Statute for an International Criminal Court (ICC), with jurisdiction over genocide, crimes against humanity and war crimes.