In search of coherent jurisprudence for international criminal law : correlating universal human responsibilities with universal human rights

Bagaric, Mirko and Morss, John 2006, In search of coherent jurisprudence for international criminal law : correlating universal human responsibilities with universal human rights, Suffolk transnational law review, vol. 29, no. 2, pp. 157-206.


Title In search of coherent jurisprudence for international criminal law : correlating universal human responsibilities with universal human rights
Author(s) Bagaric, Mirko
Morss, John
Journal name Suffolk transnational law review
Volume number 29
Issue number 2
Start page 157
End page 206
Publisher Suffolk University
Place of publication Boston, Massachusetts
Publication date 2006
ISSN 1072-8546
Summary I. The Evolution of International Criminal Law International criminal justice concerns breaches of international rules entailing the personal criminal liability of individuals (as opposed to the State for which the individuals may act as agents or organs), and presently includes acts such as genocide, torture, crimes against humanity, aggression and terrorism. ... A rule stating: any act of armed conflict which directly causes the death of a civilian is a war crime unless it can be shown that the military advantage gained by the attack outweighs the harm. ... Thus, so far as international criminal law is concerned any act during armed conflict which results in the death or injury to a person who does not pose a direct threat to the life of the accused should be a war crime. ... Pursuant to the Rome Statute and as a matter of customary international law torture is a war crime when performed in the context of an armed conflict, and a crime against humanity when it is part of systematic criminal conduct. ... Torture can also constitute an individual international crime, even where it does not satisfy the criteria of a war crime or crime against humanity. ...
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C3 Non-refereed articles in a professional journal
ERA Research output type X Not reportable
Copyright notice ©2006, Suffolk Transnational Law Review
Persistent URL http://hdl.handle.net/10536/DRO/DU:30013414

Document type: Journal Article
Collections: School of Law
Higher Education Research Group
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