Accountability for Violations of International Humanitarian Law: Essays in Honour of Tim McCormack (Introduction)

Abstract

This collection of essays is a heartfelt thank you to Professor Tim McCormack, born of a deep gratitude and respect for his scholarship and his friendship; a man whose academic career has been shaped by a continued commitment to increasing understanding of and respect for International Humanitarian Law (IHL) and providing constant help to others. The rewarding collaboration between the fourteen contributors has resulted in a book comprising twelve chapters. Each of these is written by Professor McCormack's doctoral students, which is what, among other factors, makes this volume unique.

This book provides a contemporary consideration of various issues emerging from present-day breaches of norms of IHL and of how impunity for such breaches has been tackled. The book is particularly concerned with the interplay between the rules governing accountability for violations of IHL and those of other areas of law, including International Criminal Law, Human Rights Law, general principles of International Law and national Criminal Law, that impact on the prosecution of war crimes.

The chapters are integrated around the central theme of accountability for violations of IHL. They carefully examine different aspects of this topic such as the role of international courts and tribunals, the conception of crimes and culpability, the procedural rights of the accused, as well as issues concerning the national experience of conducting war crimes trials. Other challenges to determining accountability for violations of IHL, including cultural factors, the interaction between the rules of IHL and the rules of International Human Rights Law in the context of investigations into targeted killing operations, the role of the International Court of Justice in protecting humanitarian values, questions of humanitarian assistance, and finally, questions in relation to the use of World Heritage List sites and other cultural property for military purposes in a specific context are also explored.

Keywords: Professor Tim McCormack, Accountability, Violations of International Humanitarian Law