Certain war crimes, by which is meant punishable violations of the international law of armed conflict, are crimes under customary international law1. In the context of customary international law, the term 'war crimes' encompasses both so-called 'violations of the laws and customs of war' and the customary analogues of certain violations of the 1949 Geneva Conventions2 and their 1977 Additional Protocols3. The Rome Statute of the International Criminal Court vests the Court with jurisdiction over a wide range of war crimes pertaining to international and non-international armed conflict respectively4.
The existence of an armed conflict5,
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