Grave Breaches and Internal Armed Conflicts

Moir, Lindsay

doi:10.1093/jicj/mqp050

Cited by 20 publications

(2 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…As previously noted, however, efforts to codify and increase the precision of the laws of war took off in the second half of the twentieth century. This is significant because interstate wars have comprised an increasingly small share of armed conflicts since World War II (Moir 2009). Moreover, the most precise articulation of the laws of war for interstate conflicts was the 1977 Additional Protocol I to the Geneva Conventions (AP I).…”

Section: The Limits Of Observational Studiesmentioning

confidence: 99%

The Laws of War and Public Opinion: An Experimental Study

Chilton

2014

SSRN Journal

View full text Add to dashboard Cite

Section: The Limits Of Observational Studiesmentioning

confidence: 99%

The Laws of War and Public Opinion: An Experimental Study

Chilton

2014

SSRN Journal

View full text Add to dashboard Cite

“…Most importantly, grave breaches only apply during international armed conflict. 21 Where crimes that would constitute grave breaches occur in connection with direct hostilities between two warring states, establishing the international armed conflict is unlikely to prove especially troublesome. The torture at Abu Ghraib, for instance, was undoubtedly a grave breach.…”

Section: The Continued Segregation Of the Grave Breaches Regimementioning

confidence: 99%

The Future of the Grave Breaches Regime: Segregate, Assimilate or Abandon?

Stewart¹

2009

Journal of International Criminal Justice

View full text Add to dashboard Cite

The grave breaches regime has three possible futures. In the first, the regime remains segregated from other categories of war crimes in deference to the historical development of these crimes. This future, however, is one that will see a relatively dramatic decline in the use of grave breaches in practice, primarily because other offences cover the same acts more efficiently. In the second possible future, the grave breaches are entirely abandoned, but this eventuality seems both improbable and undesirable. Even though judicial pragmatism has diminished aspects of the grave breaches regime that were once unique, grave breaches still offer important features over and above all alternatives. The grave breaches regime is therefore unlikely to disappear entirely. A third possible future involves assimilating the grave breaches with other categories of war crimes, ideally through the promulgation of a more coherent treaty regime. In the short term, this proposition appears politically untenable, leaving judges to unify the stark disparities between grave breaches and other war crimes. A future that continues to adopt this course will nonetheless pose serious problems for the discipline in the years to come. Over the longer term, a treaty creating a more comprehensive code governing all war crimes is therefore inevitable.

show abstract

The Year in Review

Breau¹

2010

Yearbook of International Humanitarian Law

View full text Add to dashboard Cite

Grave Breaches and Internal Armed Conflicts

Cited by 20 publications

References 0 publications

The Laws of War and Public Opinion: An Experimental Study

The Laws of War and Public Opinion: An Experimental Study

The Future of the Grave Breaches Regime: Segregate, Assimilate or Abandon?

The Year in Review

Contact Info

Product

Resources

About