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Reaching An Agreement To Criminalizing The Violations Of The Rules Of Law Applicable In Non-International Armed Conflicts: The Statute Of The International Criminal Court (Icc)

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Chapter Summary

This chapter deals with the evolution of the enforcement system provided to address the violations of the treaty norms and with its impact on the formation of the treaty norms of the statute of the International Criminal Court (ICC) relating to non-international armed conflicts. The background to the rules of the statute of the ICC addressing non-international armed conflicts is analysed dividing the chapter into three periods of time. The first deals with the period of time prior to the drafting of common article 3 to the Geneva Conventions. The two other periods analyse the years 1949-1980 and 1980-the present, respectively. A great deal of attention is devoted to the work of the International Criminal Tribunal for the Former Yugoslavia (ICTY) as it has played a key role in the development of the law of non-international armed conflicts.

Keywords: enforcement system; Geneva Conventions; ICTY; International Criminal Court (ICC); non-international armed conflicts; treaty norms; violations



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