Overview
- Explores how international humanitarian law has been developed in the jurisprudence and practice of the ICC
- Addresses complex issues on the mutual relationship between treaty law and customary international law
- Unpacks the methodology of law finding before the ICC
Part of the book series: Global Issues (GLOISS)
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Table of contents (10 chapters)
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Front Matter
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Methodology of Law-finding Before the International Criminal Court
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Front Matter
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Developments in Respect of the Substantive Elements of International Criminal Law
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Front Matter
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Keywords
About this book
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.
Reviews
“The book on ‘The contribution of the International Criminal Court to the development of international humanitarian law, (ed. By M. Faix and O. Svaček)’ gives an accurate overview of the most important theoretical and practical questions of IHL in the light of the developing jurisprudence of the ICC. Well-chosen topics with careful scholarly analysis help the reader understand the challenges the ICC has been facing and the answers it has given to them as well as the impact of its jurisprudence on the interpretation of IHL.” (Judge Péter Kovács, International Criminal Court)
Editors and Affiliations
About the editors
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.
Bibliographic Information
Book Title: ICC Jurisprudence and the Development of International Humanitarian Law
Editors: Martin Faix, Ondřej Svaček
Series Title: Global Issues
DOI: https://doi.org/10.1007/978-3-031-45994-8
Publisher: Palgrave Macmillan Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2024
Hardcover ISBN: 978-3-031-45993-1Published: 29 March 2024
Softcover ISBN: 978-3-031-45996-2Due: 29 April 2024
eBook ISBN: 978-3-031-45994-8Published: 28 March 2024
Series ISSN: 2947-8863
Series E-ISSN: 2947-8871
Edition Number: 1
Number of Pages: XX, 273
Topics: Public International Law , Political Science, Human Rights, International Criminal Law