Harmonizing War Crimes Under the Rome Statute

Under the Rome Statute, war crimes can be committed in international armed conflicts (IACs) and in non-international armed conflicts (NIACs). However, the lists granting the International Criminal Court (ICC) with jurisdiction over war crimes in each type of conflict are not the same.

Indeed, the ICC does not have jurisdiction over the following ten war crimes if they are committed in a NIAC: (1) directing attacks against civilian objects; (2) disproportionate attacks; (3) attacks against undefended places; (4) using human shields; (5) improper use of flags, emblems, and uniforms; (6) employing weapons or methods of warfare listed in an annex to the Statute; (7) using starvation as a method of warfare; (8) killing or wounding persons who are hors de combat; (9) depriving nationals of a hostile power of legal rights and action; (10) compelling nationals of a hostile power to participate in military operations.

The Research Brief Harmonizing War Crimes Under the Rome Statute discusses the need to harmonize the list of war crimes that can be committed in IACs with those that can be committed in NIACs. Written by Patrick S. Nagler – an alumnus of our LLM and a Research Assistant at the University of Geneva – it examines whether and the extent to which customary and/or conventional international humanitarian law (IHL) and international criminal jurisprudence provide a sound legal basis to do so.

AUTHOR

Patrick S. Nagler

NEWS AND EVENTS

Judges at the ICC News

New Publication Discusses the Harmonization of War Crimes Under the Rome Statute

14 March 2019

Our new Research Brief Harmonizing War Crimes Under the Rome Statute discusses the need to harmonize the list of war crimes that can be committed in international armed conflicts with those that can be committed in non-international armed conflicts.

Read more >

MORE ON THIS THEMATIC AREA

A session of the PhD Forum predecessor, the Geneva Academy Wednesdays News

The PhD Forum: A Space for Exchange for Researchers and PhD Students

11 November 2022

The Geneva Academy PhD Forum is a space that gathers PhD researchers and experts – in Geneva and beyond – who work in the scientific focus area of the Geneva Academy.

Read more

An explosion from an air bomb in the center of the city of Kharkov, the metro station Constitution Square, March 2022 Event

Special Tribunal for Aggression: Worth the Risk(s)?

29 March 2023, 18:30-20:00

This IHL Talk will explore various issues related to the potential establishment of a 'Special Tribunal for Aggression' and will discuss whether it is the best or most appropriate option to make sure that the crime of aggression does not go unpunished.

Read more

Syria, Harasta, destroyed buildings Training

Advanced IHL Seminar for Academics and Policymakers

28 August - 1 September 2023

Organized by the Geneva Academy and the ICRC, the Advanced IHL seminar for academics and humanitarian policymakers aims to enhance the capacity of academics to teach and research IHL and contemporary issues arising during armed conflict, while also equipping policymakers with an in-depth understanding of ongoing legal debates and their relevance to decision-making.

Read more

Screen Shot of Obsolete, a game made for the 7DFPS project in 7 days. Download for PC and Mac Project

Disruptive Military Technologies

Started in February 2020

This project aims at staying abreast of the various military technology trends; promoting legal and policy debate on new military technologies; and furthering the understanding of the convergent effects of different technological trends shaping the digital battlefield of the future.

Read more

A session of the UN Human Rights Council Project

IHL Expert Pool

Started in January 2022

The IHL-EP works to strengthen the capacity of human rights mechanisms to incorporate IHL into their work in an efficacious and comprehensive manner. By so doing, it aims to address the normative and practical challenges that human rights bodies encounter when dealing with cases in which IHL applies.

Read more

Cover page of the study Publication

From Words to Deeds A Study of Armed Non-State Actors’ Practice and Interpretation of International Humanitarian and Human Rights Norms: Research and Policy Conclusions

published on September 2022

Annyssa Bellal, Pascal Bongard, Ezequiel Heffes

Read more