TwitterFacebookPinterest

Definition of Non-International Armed Conflict in the Rome Statute of the International Criminal Court: An Analysis of the Threshold of Application Contained in Article 8(2)(f)

Cullen, Anthony

2007

Abstract

This article puts forward an argument for a particular approach to the interpretation of the definition of non-international armed conflict in the Rome Statute of the International Criminal Court. Focusing on the meaning of Article 8(2)(f), it is contended that this provision possesses a threshold of an application equivalent to that of Article 3 common to the four Geneva Conventions of 1949. In supporting this position, the first half of the article analyses the travaux preparatoires of the Rome Statute. Here relevant clauses relating to non-international armed conflict are analysed in order to highlight the threshold of application intended by their drafters. Following on from the travaux preparatoires of the Rome Statute, the second half of the article puts forward an interpretation of the threshold contained in Article 8(2)(f) as one applicable to all situations of non-international armed conflict subject to the court's jurisdiction. Drawing, among other things, on the conventional usage of the term 'armed conflict not of an international character' and the customary status of non-international armed conflict provisions in the Rome Statute, an argument is advanced for an understanding of the threshold contained in Article 8(2)(f) as the one identical to that of common Article 3.
Only open access items are publicly downloadable
Entry Type : Uncategorized
Uploaded By : International Crimes Strategy Forum (ICSF)
Upload date : Saturday, 3 May 2014

Leave a Reply

Your email address will not be published. Required fields are marked *

Archive I: Media Archive

Archives news reports, opinions, editorials published in different media outlets from around the world on 1971, International Crimes Tribunal and the justice process.

Archive II: ICT Documentation

For the sake of ICT’s legacy this documentation project archives, and preserves proceeding-documents, e.g., judgments, orders, petitions, timelines.

Archive III: E-Library

Brings at fingertips academic materials in the areas of law, politics, and history to facilitate serious research on 1971, Bangladesh, ICT and international justice.

Archive IV: Memories

This archive records from memory the nine-month history of 1971 as experienced and perceived by individuals from all walks of life.