Conference paper Open Access

The International Criminal Court: The Failure of Justice

Marsili, Marco


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{
  "publisher": "Unequal World Research Center, IPSEC, and UN Liaison Office for IRLA and SDA", 
  "DOI": "10.5281/zenodo.4091418", 
  "ISBN": "978-1-945298-29-5", 
  "container_title": "Book of Abstracts of the Unequal World Conference", 
  "language": "eng", 
  "title": "The International Criminal Court: The Failure of Justice", 
  "issued": {
    "date-parts": [
      [
        2020, 
        10, 
        15
      ]
    ]
  }, 
  "abstract": "<p>The lines between conventional and unconventional conflicts become blurred. Alongside non-international and international conflicts, a third category of armed conflict is emerging: hybrid, asymmetric, and transnational conflicts which involve state and non-state actors&nbsp;whose legal status and classification is disputed.[1]&nbsp;While it&rsquo;s a blend of traditional and irregular tactics, hybrid warfare makes use of a wide range of tools: military and civilian;&nbsp;conventional and unconventional.&nbsp;Hybrid warfare was linked almost exclusively with&nbsp;non-state actors.&nbsp;Afterwards the concept of hybrid warfare developed in a way that is now commonly accepted to describe the interplay between conventional and unconventional means used also by governments and regular armies.&nbsp;</p>\n\n<p>For such emerging conflicts/warfare there is no legal definition, therefore leaving room for interpretation&nbsp;and applicable law.&nbsp;International law (IL) and&nbsp;international humanitarian law (IHL)&nbsp;&ndash; in particular the law of war (Geneva and Hague law) &ndash; apply in case of armed conflict.&nbsp;The law of war, a branch of public international law, sets the acceptable justifications to engage in war (<em>jus ad bellum</em>) and the limits to acceptable wartime conduct (<em>jus in bello</em>).&nbsp;The law of war regulates<em>&nbsp;i</em><em>nter alia</em>: declaration of war; acceptance of surrender and the treatment of prisoners of war; military necessity, along with distinction and proportionality; and the prohibition of certain weapons that may cause unnecessary suffering.</p>\n\n<p>&nbsp;</p>\n\n<p>[1]&nbsp;For a definition of the term hybrid conflict, see: Gray, C.S. (2005).&nbsp;<em>Another Bloody Century: Future Warfare</em>,&nbsp;London: Weidenfeld &amp; Nicolson.</p>", 
  "author": [
    {
      "family": "Marsili, Marco"
    }
  ], 
  "id": "4091418", 
  "note": "This study was supported by the European Social Fund (FSE) and by the Funda\u00e7\u00e3o para a Ci\u00eancia e a Tecnologia (FCT), Portugal, under research grant No. SFRH/BD/136170/2018. Abstract presented at the Unequal World Conference on Human Development in the context of Current Global Challenges, held virtually in New York on 28-29 September 2020, organized by the Unequal World Research Center in partnership with the Research Association for Interdisciplinary Studies (RAIS), ConScienS, IRLA and IPSEC", 
  "event-place": "United Nations Plaza, New York, NY, USA", 
  "publisher_place": "New Yor, NY, USA", 
  "type": "paper-conference", 
  "event": "Unequal World International Conference on Human Development in the context of Current Global Challenges (Unequal World Conference)", 
  "page": "35"
}
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