{"title":"语言障碍:国际刑事法院能否起诉化学战?","authors":"Nadia Ahmad","doi":"10.1353/hrq.2024.a918541","DOIUrl":null,"url":null,"abstract":"<p><p>International law has come a long way in outlawing chemical weapon usage during warfare. From the 1907 Hague Convention to the 1997 Chemical Weapons Convention, there exists a comprehensive and mostly successful prohibition and verification regime for chemical weapons. However, the advent of modern warfare in recent conflicts in Syria and in Ukraine demonstrates compliance control is severely lacking for this form of weaponry. Consequently, there is no comprehensive accountability framework for international humanitarian law violations in the form of chemical weapon usage. Without explicit language criminalizing it, this heinous form of war crime ends up slipping under the radar. This article explores these jurisdictional gaps in both international and non-international armed conflicts and recommends ways the international community should cement its commitment to penalizing chemical weapon utilization.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"9 1","pages":""},"PeriodicalIF":0.8000,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Language Barrier: Can the ICC Prosecute Chemical Warfare?\",\"authors\":\"Nadia Ahmad\",\"doi\":\"10.1353/hrq.2024.a918541\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>International law has come a long way in outlawing chemical weapon usage during warfare. From the 1907 Hague Convention to the 1997 Chemical Weapons Convention, there exists a comprehensive and mostly successful prohibition and verification regime for chemical weapons. However, the advent of modern warfare in recent conflicts in Syria and in Ukraine demonstrates compliance control is severely lacking for this form of weaponry. Consequently, there is no comprehensive accountability framework for international humanitarian law violations in the form of chemical weapon usage. Without explicit language criminalizing it, this heinous form of war crime ends up slipping under the radar. This article explores these jurisdictional gaps in both international and non-international armed conflicts and recommends ways the international community should cement its commitment to penalizing chemical weapon utilization.</p></p>\",\"PeriodicalId\":47589,\"journal\":{\"name\":\"Human Rights Quarterly\",\"volume\":\"9 1\",\"pages\":\"\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2024-01-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Human Rights Quarterly\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1353/hrq.2024.a918541\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"POLITICAL SCIENCE\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Human Rights Quarterly","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1353/hrq.2024.a918541","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
The Language Barrier: Can the ICC Prosecute Chemical Warfare?
International law has come a long way in outlawing chemical weapon usage during warfare. From the 1907 Hague Convention to the 1997 Chemical Weapons Convention, there exists a comprehensive and mostly successful prohibition and verification regime for chemical weapons. However, the advent of modern warfare in recent conflicts in Syria and in Ukraine demonstrates compliance control is severely lacking for this form of weaponry. Consequently, there is no comprehensive accountability framework for international humanitarian law violations in the form of chemical weapon usage. Without explicit language criminalizing it, this heinous form of war crime ends up slipping under the radar. This article explores these jurisdictional gaps in both international and non-international armed conflicts and recommends ways the international community should cement its commitment to penalizing chemical weapon utilization.
期刊介绍:
Now entering its twenty-fifth year, Human Rights Quarterly is widely recognizedas the leader in the field of human rights. Articles written by experts from around the world and from a range of disciplines are edited to be understood by the intelligent reader. The Quarterly provides up-to-date information on important developments within the United Nations and regional human rights organizations, both governmental and non-governmental. It presents current work in human rights research and policy analysis, reviews of related books, and philosophical essays probing the fundamental nature of human rights as defined by the Universal Declaration of Human Rights.