chapter  8
21 Pages

Accountability for violations of the Law of Armed Conflict and the question of the efficacy of International Criminal Law in ameliorating violence in armed conflict

WithDALE STEPHENS

After decades of promise, international criminal law has now found its place as a vibrant and entrenched part of the international legal panoply. The liberal dream of harnessing law’s power to universally restrain and criminalise aberrant battlefield violence has finally been realised. There is now a cascade of international courts and tribunals routinely dispensing justice and assigning legal culpability to individuals who have breached the tenets of international criminal law. While there is a developing corpus of respectable legal authority and a growing set of principles of criminal responsibility, it is fair to ask what, if anything, has been missed in this juridification2 project.