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Abstract

The creation of the Ad Hoc Tribunals for the former Yugoslavia and Rwanda marked a new beginning in the close relationship between international criminal law and IHL. This essay argues that, notwithstanding the contribution that some judgments rendered by international criminal tribunals and courts have given to the general understanding and perception of IHL, this process has not been free of obstacles. In fact, it will be shown that the way international criminal tribunals and courts have interpreted relevant IHL rules has not always been in line with this body of law’s objectives and content. The author discusses both early and recent jurisprudential developments, with a view to emphasizing some of the most problematic aspects of the interpretation and application of IHL by international criminal courts.

In: The Companion to International Humanitarian Law

Abstract

The creation of the Ad Hoc Tribunals for the former Yugoslavia and Rwanda marked a new beginning in the close relationship between international criminal law and IHL. This essay argues that, notwithstanding the contribution that some judgments rendered by international criminal tribunals and courts have given to the general understanding and perception of IHL, this process has not been free of obstacles. In fact, it will be shown that the way international criminal tribunals and courts have interpreted relevant IHL rules has not always been in line with this body of law’s objectives and content. The author discusses both early and recent jurisprudential developments, with a view to emphasizing some of the most problematic aspects of the interpretation and application of IHL by international criminal courts.

In: The Companion to International Humanitarian Law

Abstract

René Provost’s latest book, Rebel Courts: The Administration of Justice by Armed Insurgents, collects an impressive amount of practice of organized armed groups concerning the administration of justice in armed conflicts, and offers a detailed analysis of the legal issues surrounding the creation and functioning of insurgent courts. Drawing from field work and adopting a legal pluralistic methodology, Provost offers a comprehensive overview of how the rebel administration of justice functions in practice and of how international law regulates its different aspects, including the legality of rebel courts, due process guarantees, as well as international, transnational, and national recognition of the judicial practices of armed groups. In this review essay, I highlight the importance and novelty of Provost’s approach, exploring the book’s connections with other legal and non-legal literature on armed groups, and contextualize some of Provost’s arguments concerning rebel law and rebel courts.

Open Access
In: Journal of International Humanitarian Legal Studies