International Humanitarian Law and Combat Casualties

Author: Fenrick, William

Source: European Journal of Population/ Revue europenne de Dmographie, Volume 21, Numbers 2-3, June 2005 , pp. 167-186(20)

Publisher: Springer

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Abstract:

The purpose of the article is to provide an overview of the law regulating combat in order to assist in determining whether casualties inflicted in combat should be classified as victims of war or victims of war crimes. The boundaries and the content of International Humanitarian Law are indicated. A brief statement of the law regulating combat is given. The concepts of military objective and of proportionality are analyzed. The scope of an unlawful attack is addressed as is the relationship between unlawful attack offences and other offences in International Humanitarian Law. The article concludes with a discussion of when combat casualties are war crimes victims.

Keywords: combat casualties; International Humanitarian Law; proportionality; unlawful attack; war crimes victims; droit international humanitaire; attaque illégale; proportionnalité; pertes de guerre; victimes de crimes de guerre

Document Type: Research article

DOI: http://dx.doi.org/10.1007/s10680-005-6421-y

Affiliations: 1: Office of the Prosecutor (OTP), International Criminal Tribunal for the Former Yugoslavia (ICTY), 5253 Harvey Street, B3J 1A7, Halifax, NS, Canada, Email: wfenrick@eastlink.ca

Publication date: 2005-06-01