NIPAC and its place in the world: the definition of Non-International Political Armed Conflict (NIPAC) in the context of International Criminal Law

Patience, Shona (2015) NIPAC and its place in the world: the definition of Non-International Political Armed Conflict (NIPAC) in the context of International Criminal Law. In: University of Copenhagen Postgraduate Law Conference 2015, 29 - 30 January 2015, Copenhagen, Denmark.

Full text not available from this repository.

Item Type:Conference or Workshop contribution (Presentation)
Item Status:Live Archive

Abstract

With small scale internal armed conflicts unfortunately becoming increasingly commonplace, this paper critically discusses the lack of clarity around the definition of an internal political armed conflict, that does not meet the threshold tests as defined by International Criminal Law and customary international criminal law. The paper examines the Rome Statute 1998 as well as customary international case law around the subject. Furthermore, the paper analyses the negotiations process surrounding the creation of the Rome Statute, to establish the reasoning and justification for such a narrow interpretation of what constitutes a NIPAC; critiquing the definitions outlined in Articles 7 and 8 of the treaty and the test outlined in paragraphs 561 to 568 of the May 1997 trial judgement decision of the International Criminal Tribunal of Yugoslavia (ICTY) in the Prosecutor v Tadić (IT-94-1). The paper also uses the Tadić decision as a jumping off point for customary international criminal law and examines how subsequent cases and statutes have interpreted this decision; such as the Special Court of Sierra Leone and further ICTY decisions. Finally, the paper examines the interpretation of both bodies of law within the international criminal justice system framework using recent International Criminal Court cases as examples.

Keywords:International Criminal Law, Non-International Armed Conflict
Subjects:M Law > M211 Criminal Law
M Law > M130 Public International Law
Divisions:College of Social Science > Lincoln Law School
ID Code:16976
Deposited On:25 Mar 2015 11:24

Repository Staff Only: item control page