ICC Jurisprudence and the Development of International Humanitarian Law

ICC Jurisprudence and the Development of International Humanitarian Law

  • Martin Faix
  • Ondřej Svaček
Publisher:Springer NatureISBN 13: 9783031459948ISBN 10: 3031459946

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ICC Jurisprudence and the Development of International Humanitarian Law is written by Martin Faix and published by Springer Nature. It's available with International Standard Book Number or ISBN identification 3031459946 (ISBN 10) and 9783031459948 (ISBN 13).

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.