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INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
B. INDIVIDUAL RESPONSIBILITY FOR VIOLATIONS OF INTERNATIONAL
HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW
Many violations of international human rights and humanitarian law may
be considered criminal under domestic law. When certain conditions
are met, some of these violations can also be qualified as crimes under
international law, with additional legal consequences for States and
individuals. Unlike “simple” violations of international human rights and
humanitarian law, international crimes may in particular be prosecuted
not only domestically but also internationally. Genocide, crimes against
humanity and war crimes, for instance, may be tried by an international
criminal tribunal.
1. Violations of international human rights law and international humanitarian law as international crimes under international criminal law
(a) Definitions of international crimes
Certain gross or serious violations of international human rights and
humanitarian law have been considered of such gravity by the international
community that they have been regulated under international criminal
law,108 establishing individual criminal responsibility for such acts.
Individual criminal responsibility is fundamental to ensuring accountability
for violations of international human rights and humanitarian law. The
Nuremberg International Military Tribunal famously noted that “crimes
against international law are committed by men, not by abstract
entities, and only by punishing individuals who commit such crimes
can the provisions of international law be enforced.” Since the 1990s
the international community has intensified efforts to create adequate
which establishes that “[n]o provision in this Statute relating to individual criminal
responsibility shall affect the responsibility of States under international law.”
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International criminal law is a body of international rules designed to proscribe
certain categories of conduct and to make those persons who engage in such conduct
criminally liable. Antonio Cassese, International Criminal Law, 2nd ed. (Oxford, Oxford
University Press, 2008), p. 3.
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