Introduction

This introduction presents an overview of the key concepts covered in the subsequent chapters of this book. The book explores the nature of the divide between those involved in fighting and those who are not in a specific context, that of international criminal law (ICL). It explores how international criminal tribunal (ICT) have untangled victims of war crimes from lawful casualties of war. The book then analyses how ICTs have established entitlement to prisoners of war (POW) status and asks to what extent POW status, which is traditionally prized by states, is important in ICL. It also analyses international humanitarian law (IHL) treaty provisions and case law from ICTs to argue that IHL does indeed protect members of non-opposing forces and, accordingly, that violating these provisions constitutes a war crime. The book addresses crimes against peacekeepers. It then explores issues surrounding those who fight as victims of crimes against humanity or genocide.