of the
laws of war, domestic criminal
law – namely war crimes
law – is the place to go for accountability. Indeed, that’s what the “grave breach” provisions of the Geneva Conventions and similar requirements in the Convention against Torture require (rather than merely permit). Criminal
law, far from disappearing in armed conflict, merely takes a second seat only where provisions of applicable IHL would cause a different result, for example, in application of the privilege of belligerency. Otherwise, criminal
law remains in force. But this is about IHRL, not...