Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-ttngx Total loading time: 0 Render date: 2024-04-30T18:54:53.480Z Has data issue: false hasContentIssue false

5 - National prosecutions of war criminals and internal armed conflicts

Published online by Cambridge University Press:  27 July 2009

Eve La Haye
Affiliation:
International Committee of the Red Cross
Get access

Summary

Impunity of war criminals especially in internal armed conflicts has generally been the rule. It has often been recognised that impunity acts as a major encouragement to future offenders. It is submitted that the recognition that such conduct amounts to war crimes entailing individual criminal responsibility in internal armed conflict will strengthen the fight against impunity. Such recognition opens new avenues, as international tribunals as well as domestic courts could prosecute these international crimes. Responsibility for war crimes committed in internal armed conflicts can be enforced by three distinct but not mutually exclusive jurisdictions. Perpetrators could be prosecuted by the courts of the state on whose territory the offences were committed, the state of nationality of the victims or by the state of their own nationality. In internal armed conflicts, these three possible states will most of the time be one and the same, i.e. the territorial state. The national courts of the territorial state seem best placed to bring perpetrators to justice: they have direct access to witnesses as well as evidence, and their judgments carry a symbolic effect: the victims can see justice being done and this can act as a deterrent to future criminals. However, governments do not often pursue this solution, as those in power might protect suspected criminals, be the perpetrators of war crimes themselves or vote amnesty laws. Even if willing to prosecute, governments may lack the financial, technical or human resources to carry out the prosecutions.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2008

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
×