Symposium : The Changing Structure of International Law Revisited (Part 3)

• Meron, Theodor

Abstract

The International Criminal Tribunals for the former Yugoslavia and for Rwanda reflect an increasing criminalization of international law. This article surveys developments in criminal responsibility for breaches of international law, including acts of corporations and states. The primary focus, however, is on the responsibility of individuals in both International and non-international armed conflicts. While the position during international armed conflicts is generally well developed, that of actions not covered by the Geneva Conventions remains unclear, as exemplified by the question of responsibility under treaties relating to the use of land mines and the use of blinding laser weapons. Non-international conflicts are discussed in most detail, particularly strategies for expanding the obligations arising under international law in relation to ostensibly internal conflicts. The author argues that not only is there a clear trend toward the criminalization of international law, but that the trend is supported by the simultaneous expansion of jurisdiction to prosecute crimes arising from both international and non-international conflicts, in both international and domestic tribunals, which in turn has been spurred by recent developments in customary law.