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58 Japanese Y.B. Int'l L. 129 (2015)
The Impact of Criminalization of the Implementation of International Humanitarian Law: Judicial Advances of the Law of War Crimes as Salutary Osmosis

handle is hein.journals/jpyintl58 and id is 143 raw text is: THE IMPACT OF CRIMINALIZATION ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW - Judicial Advances of the Law of War Crimes as Salutary Osmosis? - Yutaka Arai-Takahashi* Introduction I. What Are War Crimes? 1. War Crimes as Serious Violations of IHL 2. Revisiting the TadieAppeals Chamber's Criteria for Ascertaining Customary War Crimes - A Unified Model for All Armed Conflicts 3. Criteria for Assessing Seriousness - Renvoi to IHL II. Differences in Underlying Rationales between IHL and International Criminal Law 1. Overview 2. Criticism Relating to Conversion of Prohibition into Criminality 11. Functions of the War Crimes Law as Ascertained by the International Criminal Tribunals in Relation to IHL 1. Schematic Classification 2. Judicial Advances in Filling Normative Gaps in the Area Where There Has Hitherto Been a Regulative Vacuum in IHL Treaties IV. The (Prospective) Relationship between the Rome Statute, and the (Conventional or Customary) Law of War Crimes 1. Overview 2. Convergence of the Customary Law with the Rome Statute 3. Some War Crimes That Are Defined in the Rome Statute More Narrowly Than the Customary Law Counterparts 4. Impact of Some Customary Law Offenses Excluded from the Rome Statute 5. Impact of Some Treaty-Based Offenses That Are Excluded from the Rome Statute 6. The Absence of Residual Clause in the Rome Statute V. The Rome Statute's Built-in Guidance for Assessing its Relationship with IHL Professor of International Law and International Human Rights Law, University of Kent at Brussels and Kent Law School. The earlier draft of this paper was presented at the Irish Centre for Human Rights Law on 28 April 2015. The author expresses special thanks to the Profs. Michael O'Flahearty, Raymond Murphy, Drs. loanna Tourkochoriti and Shane Darcy, as well as Mesenbet Assefa. The author acknowledges that much insight was obtained from discussions with Dr. Shane Darcy. Japanese Yearbook of International Law Vol. 58 (2015), pp. 129-174.

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