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This commentary provides critical insight into the negotiating history that led to the adoption of the international elements of war crimes. It also presents existing jurisprudence relevant to the interpretation of the war crimes in the ICC Statute. It serves as a tool in the implementation of international humanitarian law in cases dealing with war crimes and offers practitioners (judges, prosecutors and lawyers) and academics critical information on the substance of the crimes.
The San Remo Manual is a contemporary restatement - together with
some progressive development - of the law applicable to armed
conflicts at sea, and has been drafted by an international group of
specialists in international law and naval experts convened by the
International Institute of Humanitarian Law. The last such
restatement was undertaken by the Institute of International Law in
1913, and for the most part treaty law has not incorporated
developments in the law since 1907. The accompanying Explanation is
written in the form of a commentary and indicates the sources used
by the experts for each of the provisions of the Manual and the
discussion that led to their adoption. The work is based on treaty
law of continuing validity and State practice and takes into
account developments in related areas of international law, in
particular, the effect of the UN Charter, the 1982 Law of the Sea
Convention, air law and environmental law. The Manual and
Explanation represent a unique effort of experts from different
parts of the world to establish the present state of the law. This
document will be of major contemporary, future and historical
importance, and will help shape generally accepted international
law regulating armed conflicts at sea. There is no other book like
it.
In 1995, the International Committee of the Red Cross, along with a range of renowned experts, embarked upon a major international study into current state practice in humanitarian law in order to identify customary law in this area. This book (and its companion, Volume 2: Practice) is the result of that study. Volume 1 is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts.
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