Harmonizing War Crimes Under the Rome Statute

Under the Rome Statute, war crimes can be committed in international armed conflicts (IACs) and in non-international armed conflicts (NIACs). However, the lists granting the International Criminal Court (ICC) with jurisdiction over war crimes in each type of conflict are not the same.

Indeed, the ICC does not have jurisdiction over the following ten war crimes if they are committed in a NIAC: (1) directing attacks against civilian objects; (2) disproportionate attacks; (3) attacks against undefended places; (4) using human shields; (5) improper use of flags, emblems, and uniforms; (6) employing weapons or methods of warfare listed in an annex to the Statute; (7) using starvation as a method of warfare; (8) killing or wounding persons who are hors de combat; (9) depriving nationals of a hostile power of legal rights and action; (10) compelling nationals of a hostile power to participate in military operations.

The Research Brief Harmonizing War Crimes Under the Rome Statute discusses the need to harmonize the list of war crimes that can be committed in IACs with those that can be committed in NIACs. Written by Patrick S. Nagler – an alumnus of our LLM and a Research Assistant at the University of Geneva – it examines whether and the extent to which customary and/or conventional international humanitarian law (IHL) and international criminal jurisprudence provide a sound legal basis to do so.

AUTHOR

Patrick S. Nagler

MORE ON THIS THEMATIC AREA

Aerial View of the Persian Gulf News

New War Report Article Analyses the June 2019 International Armed Conflict Between Iran and the United States

December 2019

Our new War Report article analyses the June 2019 shooting down by Iran of a United States (US) military drone and the alleged US counter cyber-attack.

Read more

News

An Intense and Rewarding Week at the Jean-Pictet Competition

April 2020

During one week, Berta Fernández Rosón, Melina Fidelis Tzourou and Yulia Mogutova – currently enrolled in our LLM in International Humanitarian Law and Human Rights – represented the Geneva Academy at the 34th edition of the Jean-Pictet Competition that took place in Denpasar, Indonesia. They reached the finals of the competition.

Read more

View of Villa Moynier Event

Open House: Executive Master in International Law in Armed Conflict

June 2020, 12:00-14:00

Join us for our open house to learn more about this part-time programme designed professionals, meet staff, students and alumni, and discuss career opportunities.

Read more

A session of the UN Human Rights Committtee at Palais Wilson Project

Implementing International Humanitarian Law Through Human Rights Mechanisms

Started in April 2019

Resulting from traditional legal research and informal interviews with experts, the project aims at examining how – if at all possible – IHL could be more systematically, appropriately and correctly dealt with by the human rights mechanisms emanating from the Charter of the United Nations, as well from universal and regional treaties.

Read more

On the screen, on the screen is Peter Maurer, President of the International Committee of the Red Cross (ICRC), briefing the Security Council on the 70th Anniversary of Geneva Conventions. Project

International Humanitarian Law and the United Nations Security Council

Started in January 2020

Read more

Cover page of the Annual Report 2019 Publication

Annual Report 2019

published on May 2020

Read more

Cover of the publication Publication

From Words to Deeds: A Study of Armed Non-State Actors’ Practice and Interpretations of International Humanitarian and Human Rights Norms

published on December 2019

Annyssa Bellal, Pascal Bongard, Ezequiel Heffes

Read more