Who Are Protected by the Fundamental Guarantees under International Humanitarian Law? Part 2: Breaking with the Control Requirement in Light of the icc Case Law

What is it about?

International humanitarian law provides for fundamental guarantees whose content is similar irrespective of the nature of the armed conflict. Those guarantees, all of which derive from the general requirement of human treatment, include prohibitions of specific conducts against persons, such as cruel treatment and sexual violence, or against properties, such as pillage. However, it is traditionally held that the entitlement to those guarantees depends upon a ‘control requirement’, which basically means that the concerned persons or properties must be under the control of a party to the armed conflict. This article argues in favour of breaking with that requirements in light of the existing case law of the International Criminal Court. It aims at extending the personal scope of application of those guarantees and, in particular, making them applicable in the context of the conduct of hostilities.

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Photo by Tingey Injury Law Firm on Unsplash

Photo by Tingey Injury Law Firm on Unsplash