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Geert-Jan Alexander Knoops

Abstract

The proportionality concept has gained little scholarly attention when it concerns Asymmetric Warfare. Yet its relevance has become imminent during the last Gaza-conflict whereby the Israeli Defense Forces (IDF) were facing an asymmetric adversary. Does the application of the proportionality principle merit a different legal approach in such a context? If so, can a contextual interpretation of said principle have a dual face? And what may be the consequences thereof for the application of superior responsibilities to be imposed on military commanders under International Criminal Law? These are pertinent questions of law which the author seeks to answer in this article.

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Geert-Jan Alexander Knoops

This article delves into the advent of drone warfare and the international (criminal) law, political and ethical dimensions thereof. Fundamental questions to be addressed in this article are: who is accountable if decisions leading to lethal force are left up to computers? And under what legal regime may lethal forces by drones been administered? The U.S. policy, advocating that drone attacks are permissible under international and U.S. law, is outlined; as are the pitfalls of this policy. The implications of CIA operatives carrying out drone attacks are assessed. Finally, political and ethical dimensions of drone attacks will conclude this article.

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Geert-Jan Alexander Knoops

This article delves into issues of individual and State (criminal) liability for (lethal) drone operations; a yet unexplored area given the proliferation of drone attacks in recent years. The criteria under which military and political leaders can (possibly) be held criminally accountable for conducting drone attacks within and outside an armed conflict are outlined, based upon ICTY, ICC and ECHR-case law. Against this background, the discrepancies and pitfalls of the U.S. policy vis-à-vis drone attacks are discerned, as well as the subject-matter of responsibilities of third states which facilitate principal States such as the U.S. in these attacks.

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Geert-Jan Alexander Knoops

Abstract

This article deals with the question whether and how to assess superior responsibility within irregular (guerrilla) warfare; based on the principles developed by the international criminal tribunals on the area of superior responsibility for regular forces. In particular the article examines whether those criteria are useful to apply to guerrilla warfare. Specific problems, typical for guerrilla warfare, are analyzed such as the organizational level, the exercise of effective command and control, the assessment of the mens rea criterion within a complex situation of guerrilla warfare. Additionally, the material ability to prevent or punish crimes within guerrilla forces seems a point of concern in view of the absence of proper disciplinary systems within this type of warfare. Recent case law of the ICTY is taken into account in order to arrive at an answer to the main research question.

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Geert-Jan Alexander Knoops

Abstract

This article examines a new form of counterterrorism measures exercised by states namely preventative targeting of alleged terrorists. The analysis conducted in this article is based on a judgment of the Israeli Supreme court of 13 December 2006 where this issue was addressed in the context of an international armed conflict. The author critically assesses the various aspects of this judgment in view of contemporary principles of contemporary international (criminal) law. In particular, it focuses on the main question whether this form of counter terrorism complies with the underlying principle of Common Article 3 of the Geneva conventions, namely the requirement of "the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples."

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Geert-Jan Alexander Knoops

This Volume offers an overview of all aspects of mens rea that may surface before the International Criminal Court (ICC).
The book commences with an introduction of the concept of mens rea and controversies concerning this concept before national courts and ad hoc tribunals. This is followed by an examination of the definitional elements of mens rea at the ad hoc tribunals. The mens rea requirements for the specific liability modes applied at the ad hoc tribunals will be examined. Subsequently, definitional aspects of mens rea at the ICC will be discussed, and in particular the mens rea requirements for the specific liability modes as provided for in the Rome Statute. Separate chapters will address the mens rea requirements for the crimes listed in the Rome Statute: war crimes, genocide, crimes against humanity and the crime of aggression, respectively. An analysis of customary international law or the standards promulgated by the ad hoc tribunals will be used as examples where the ICC case law is scarce. A specific chapter will be devoted to mens rea requirements for political speeches. In some cases, certain speeches have been said to be catalysts of international crimes. Therefore, it is relevant to examine how the accused’s intent was construed. The book will conclude with mens rea defenses in international criminal law, which will be specifically applied to the defenses listed in the Rome Statute.
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Series:

Geert-Jan Alexander Knoops

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Series:

Geert-Jan Alexander Knoops