The act of fighting or being a fighter has certain consequences in
international law. The most obvious example can be found in
international humanitarian law, where a distinction is drawn
between fighters and civilians, with fighters being military
objectives and civilians being protected from attack. Another
example is from international human rights law, where it has been
held that the particular characteristics of military life have to
be taken into account when interpreting the human rights of members
of state armed forces. This volume focuses on the field of
international criminal law and asks the question: what relevance
does fighting have to victimhood in international criminal law?
Among the topics which are explored are: how have international
criminal courts and tribunals untangled lawful casualties of war
from victims of war crimes? How have they determined who is a
member of an organised armed group and who is not? What crimes can
those who fight be victims of during hostilities? When does it
become relevant in international criminal law that an alleged
victim of a crime was a person hors de combat rather than a
civilian? Can war crimes be committed against members of
non-opposing forces? Can persons hors de combat be victims of
crimes against humanity and genocide? What special considerations
surround peacekeepers and child soldiers as victims of
international crimes? The author carries out an in-depth
exploration of case law from international criminal courts and
tribunals to assess how they have dealt with these questions. She
concludes that the import of fighting upon victimhood in the
context of international criminal law has not always been
appreciated to the extent it should have been.
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