Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-m42fx Total loading time: 0 Render date: 2024-07-20T05:22:21.943Z Has data issue: false hasContentIssue false

Chapter 43 - Individual Responsibility (Rules 151–155)

Published online by Cambridge University Press:  05 June 2012

Jean-Marie Henckaerts
Affiliation:
International Committee of the Red Cross
Louise Doswald-Beck
Affiliation:
Graduate Institute of International Studies, Geneva and University Centre for International Humanitarian Law
Get access

Summary

Rule 151. Individuals are criminally responsible for war crimes they commit.

Practice

Volume II, Chapter 43, Section A.

Summary

State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.

International armed conflicts

The principle of individual criminal responsibility for war crimes is a long-standing rule of customary international law already recognised in the Lieber Code and the Oxford Manual and repeated in many treaties of international humanitarian law since then. Individual criminal responsibility for war crimes committed in international armed conflicts was the basis for prosecutions under the Charters of the International Military Tribunals at Nuremberg and at Tokyo, as it is under the Statute of the International Criminal Tribunal for the Former Yugoslavia and the Statute of the International Criminal Court.

Numerous military manuals specify that individuals are criminally responsible for war crimes. The principle of individual criminal responsibility for war crimes is implemented in the legislation of numerous States. Many suspected war criminals have been tried on the basis of this principle. This rule is also supported by official statements and reported practice.

The principle has also been recalled in numerous resolutions of the UN Security Council, UN General Assembly and UN Commission on Human Rights. It has also been recalled on many occasions by other international organisations.

Non-international armed conflicts

With respect to non-international armed conflicts, significant developments took place from the early 1990s onwards.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2005

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×