From the battlefield to the courtroom (and back)
As war continues to rage in Ukraine, international humanitarian law (IHL) has been in the news a lot over the past few weeks. Allegations of war crimes have been made made, the International Criminal Court (ICC) has started an investigation, and there have even been calls for the setting up of a separate tribunal to specifically address the conflict. Prosecuting and adjudicating cases involving violations of IHL before international criminal courts and tribunals has always come with a range of challenges attached. These challenges are now being exacerbated by the way IHL and international criminal law (ICL) have become entangled with each other, according to Rogier Bartels, who works as a lawyer at the ICC. Bartels defended his PhD on this topic at the UvA on 5 April. What is the difference between IHL and ICL? . Bartels: 'IHL stems from efforts that began in the 19th century to protect both civilians and captured or injured combatants during times of war.
