Book review: Military Self-Interest in Accountability for Core International Crimes

Reasons for this lack of prior discussion include the perception by most lawyers and legal scholars directly involved with international humanitarian law (IHL) that their task is one primarily of prevention rather than enforcement and, unfortunately, the relative dearth of court cases when compared...

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Bibliographic Details
Published in:International review of the Red Cross (2005) 2015, Vol.97 (900), p.1503
Main Author: Fenrick, William J
Format: Review
Language:English
Subjects:
Accountability
Armed forces
Attorneys
Compliance
Crimes against humanity
Criminal law
Genocide
International law
Military engagements
Military personnel
Offenses
Prosecutions
Self interest
Trials
War crimes
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Summary:Reasons for this lack of prior discussion include the perception by most lawyers and legal scholars directly involved with international humanitarian law (IHL) that their task is one primarily of prevention rather than enforcement and, unfortunately, the relative dearth of court cases when compared with the large number of offences allegedly committed. At higher levels, officers may require a degree of formal training in the relevant law and also access to legal specialists who have both a degree of expertise in the law and an awareness of the realities of military operations. The second paper, by Arne Willi Dahl, the long-serving and recently retired Judge Advocate General of the Norwegian Armed Forces, addresses the relationship between the trend toward the civilianization of military justice in many countries, which may be perceived to produce fairer trials, and the continuing need to ensure that adequate heed is paid to relevant military factors. [...]case studies related to particular incidents (such as the My Lai massacre), their treatment in the justice system, and their impact on the military and on the general population might also be helpful.
ISSN:1816-3831
1607-5889
DOI:10.1017/S1816383116000278