Christine Byron

War crimes and crimes against humanity in the Rome Statute of the International Criminal Court

This book provides a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute of the International Criminal Court. Each crime is discussed from its origins in treaty or customary international law, through developments as a result of the jurisprudence of modern ad hoc or internationalised tribunals, to modifications introduced by the Rome Statute and the Elements of Crimes. The influence of human rights law upon the definition of crimes is discussed, as is the possible impact of State reservations on the underlying treaties that form the basis for the conduct covered by the offences in the Rome Statute. Examples are also given from recent conflicts to aid a ‘real-life’ discussion of the type of conduct over which the International Criminal Court may take jurisdiction.

International Humanitarian Law and Bombing Campaigns: Legitimate Military Objectives and Excessive Collateral Damage

This article focuses on the law which applies during armed conflicts to aerial bombardments or missiles launched from warships. In particular, the principles of distinction and proportionality are examined and the contribution of international courts and tribunals to the law in this area is considered. Issues raised by recent bombing campaigns, such as the bombing of electricity grids and television studios, are also discussed. The author concludes that the lessons of previous conflicts must be learned in order to reduce civilian casualties, but that war is destructive and closer adherence to international humanitarian law can not remove civilian casualties altogether.