Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-jbqgn Total loading time: 0 Render date: 2024-06-17T05:16:27.001Z Has data issue: false hasContentIssue false

10 - War Crimes, Orders, Command Responsibility and Defences

Published online by Cambridge University Press:  03 November 2022

Yoram Dinstein
Affiliation:
Tel-Aviv University
Get access

Summary

War crimes constitute breaches of LOIAC giving rise to penal accountability of the individuals who perpetrated the proscribed acts. In the past, it was frequently asserted that every breach of LOIAC was a war crime, but – as pointed out already by H. Lauterpacht – ‘textbook writers and, occasionally, military manuals and official pronouncements have erred on the side of comprehensiveness’ in making ‘no attempt to distinguish between violations of the rules of warfare and war crimes’.2179 It is currently clear that only select violations of LOIAC are stigmatized as war crimes.2180 Some of these violations are regarded as ‘grave’ breaches (see infra 1066). But ‘[o]ther serious violations’ of LOIAC are listed as war crimes in Article 8(2)(b) of the Rome Statute (see infra 1067). Of course, by itself, the adjective ‘serious’ (or, for that matter, ‘grave’) does not provide a useful compass indicating the contours of war crimes.2181 War crimes must be defined in specie.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×