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

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

News

Our Director, Professors and Alumni Involved in an Online Regional Summer School on International Humanitarian Law

July 2020

The International Committee of the Red Cross (ICRC) Delegation in Armenia and the American University of Armenia are organizing for the third year a Regional Summer School on international humanitarian law (IHL). Scheduled to take place in Yerevan from 7-11 July 2020, it will take place online due to the COVID-19 pandemic.

Read more

View of the ICRC Headquarters News

LLM Students Develop Practical Cases for the ICRC on How IHL Applies in Armed Conflict

July 2020

Two students enrolled in our LLM in International Humanitarian Law and Human Rights – Marishet Mohammed Hamza from Ethiopia and Virginia Raffaeli from Italy – developed for the ICRC online casebook How does Law Protect in War? 26 practical cases that show how IHL applies in contemporary armed conflicts.

Read more

Mali,  Gao region, Ansongo cercle, Fafa. ICRC dissemination session about international humanitarian law for the army of Mali. Event

Thinking out of the (Tool)Box: Promoting Implementation of and Respect for International Humanitarian Law

November 2020, 18:00-19:30

This IHL Talk aims at shining light on the various ways of promoting respect for and implementation of international humanitarian law.

Read more

Yemen,  Sana'a, Faj Attan district. Destruction. Short Course

From Use of Force to Responsibility to Protect

16 April - May 2021

This short course, which can be followed in Geneva or online, provides an overview of the evolution of the rules governing the use of force in international law, focusing on military intervention on humanitarian grounds and the creation of the United Nations collective security system. It then addresses the concept of the responsibility to protect.

Read more

Ntaganda case: Closing statements.  The closing statements in the case of The Prosecutor v. Bosco Ntaganda at the International Criminal Court (ICC) started on 28 August 2018 before Trial Chamber VI at the seat of the Court in The Hague (Netherlands). Short Course

Accountability for Atrocity Crimes

20 May - June 2021

This short course, which can be followed in Geneva or online, provides participants with a solid understanding of the existing pluralistic system of international accountability for international crimes and of its main challenges.

Read more

On the screen, on the screen is Peter Maurer, President of the International Committee of the Red Cross (ICRC), briefing the Security Council on the 70th Anniversary of Geneva Conventions. Project

International Humanitarian Law and the United Nations Security Council

Started in January 2020

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

Via a new lecture series on disruptive military technologies, 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

Cover page of the Annual Report 2019 Publication

Annual Report 2019

published on May 2020

Read more

Cover of the publication Publication

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

published on December 2019

Annyssa Bellal, Pascal Bongard, Ezequiel Heffes

Read more