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Cherif Bassiouni, The Icrc, And International Humanitarian Law

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Chapter Summary

This chapter describes the interactions between Cherif Bassiouni and ICRC and their ?raison d?être.? He agreed to involve himself in preparing the material for the tribunal, agreeing to be a member of, then to chair, the U.N. Commission to Investigate Violations of International Humanitarian Law in former Yugoslavia. It discusses the interaction between Professor Bassiouni and the staff of ICRC during this phase. One of the weaknesses of IHL is its insufficient implementation. Author set outs what he perceives to be the two reasons for this: (1) the political tension existing during the period of Cold War and risk that the arrest of a suspected criminal of another country on its territory would provoke reprisals, as experienced at another level with mutual expulsion of diplomats. (2) The system was established in 1949 only for international armed conflicts. Before 1949, IHL did not apply at all to this type of conflict.

Keywords: armed conflict; Cherif Bassiouni; Cold War; International Committee of the Red Cross (ICRC); International Humanitarian Law (IHL); U.N. Commission



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