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Implementation of War Crimes in Latin America: An Assessment of the Impact of the Rome Statute of the International Criminal Court

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The implementation of the Rome Statute in Latin America continues to face structural gaps caused by a lack of comprehensive implementation of all the elements of the treaty. In the case of war crimes legislation, only seven countries have adopted specific regulations implementing Article 8 of the Rome Statute or grave violations of international humanitarian law. The main problem persists in the fact that there has not been a significant implementation of Additional Protocol 1 to the 1949 Geneva Conventions as a complement to Article 8 of the Rome Statute. Also, regulation has focused on persons and property, leaving the criminalization of means and methods of warfare as well as the use of certain weapons behind.

Affiliations: 1: Constitutional Court of Peru, Peru; Human Rights Research and Education Centre, University of Ottawa, Ottawa, ON, Canada

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