Journal article

Publication year: 2021

Pages: 561-587

Journal: International Criminal Law Review

Volume number: 21

Issue number: 3

ISSN: 1567-536X

eISSN: 1571-8123

DOI Link: https://doi.org/10.1163/15718123-BJA10071

Publisher: Brill Academic Publishers

Abstract: 
The Rome Statute has often been criticized for not following international customary law, with calls to more closely resemble this being relatively frequent. This is especially the case in the distinction made between international and non-international armed conflicts and the significant fewer war crimes applicable to non-international armed conflicts. One of the most apparent differences is in the lack of a provision criminalizing the employment of weapons that go against the general principles of weapons law in humanitarian law. This article seeks to address this critique by determining whether the lack of this criminalization in non-international armed conflicts is contrary to customary international law and if this divergence should be amended.

Harvard Citation style: de Vries, B. (2021) An Equivalent to Article 8(2)(b)(xx) ICC Statute for Non-International Armed Conflicts? Is it Warranted on the Basis of International Customary Law?, International criminal law review, 21(3), pp. 561-587. https://doi.org/10.1163/15718123-BJA10071

APA Citation style: de Vries, B. (2021). An Equivalent to Article 8(2)(b)(xx) ICC Statute for Non-International Armed Conflicts? Is it Warranted on the Basis of International Customary Law?. International criminal law review. 21(3), 561-587. https://doi.org/10.1163/15718123-BJA10071