Mission impossible? "Humanitarian intervention" and the new paradigm of international criminal law

Kemp, Gerhard

Abstract

There is a growing emphasis on individual criminal liability for international crimes. Individual liability for aggressive wars is not new in international law.2 The question, however, is whether illegal "humanitarian" intervention could constitute individual criminal liability for the international crime of aggression. The new paradigm of international criminal law is firmly set by the creation of the permanent International Criminal Court. Will illegal "humanitarian" intervention lead to actual prosecutions, or will it be possible to develop prima facie illegal "humanitarian" intervention into a possible excuse or defence on a charge of international aggression?

• Journal Article Type: Article
• Publication Date: Dec 2, 2002
• Deposit Date: Jul 16, 2023
• Journal: Stellenbosch Law Review
• Print ISSN: https://journals.co.za/journal/jlc.slr
• Electronic ISSN: 1996-2193
• Peer Reviewed: Peer Reviewed
• Volume: 3
• Pages: 460-472
• Keywords: humanitarian intervention; UN Charter; crime of aggression; use of force
• Public URL: https://uwe-repository.worktribe.com/output/10946281