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War Crimes, Crimes against Humanity, and Genocide

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Chapter Summary

This chapter commences with an introduction to international humanitarian law and then talks about the penal aspects of international humanitarian law. Overlapping legal regimes within IHL and as between IHL, HRL, and ICL have gaps and ambiguities with respect to these different protective schemes in ways that are inconsistent with their respective values and goals. Moreover, as a result of these overlaps, gaps, and ambiguities, there is uncertainty as to which legal or sub-legal regime applies and, more particularly, what are the specific applicable norms applicable are with respect to, for example, torture. The ICJ's Wall opinion157 does not contribute to the clarification of these issues of overlaps, gaps, and ambiguities. Not only are there overlaps in some applications of the sources of law relevant to war crimes, crimes against humanity, and genocide, there also are gaps and ambiguities in their content and scope.

Keywords: crimes against humanity; genocide; international humanitarian law; war crimes

10.1163/ej.9789004165328.i-1086.19
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