Rogier Bartels
University of Amsterdam
Statute of limitationsResolution (logic)Common lawStatutePolitical scienceProportionality (law)Public international lawLaw and economicsWar crimeLawCriminal lawState (polity)Crimes against humanityJurisdictionTribunalInternational humanitarian lawRome Statute of the International Criminal CourtScope (project management)Armed conflictInternational lawCriminology
37Publications
3H-index
85Citations
Publications 32
Newest
#1Rogier BartelsH-Index: 3
Last. J.E.D. VoetelinkH-Index: 7
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The present volume serves to commemorate the end of an era. With his retirement from the Chair of Military Law at the Law Faculty of the University of Amsterdam at the end of the 2019–2020 academic year, Professor Dr. Terry Gill, who used his chair to study, promote and disseminate military law in the Netherlands, as well as internationally, makes the transition to emeritus professor. This liber amicorum honours professor Gill’s career, and his contribution to international law, specifically to ...
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#1Rogier BartelsH-Index: 3
This contribution analyses how the two different notions of control over armed forces that have been developed in the international case law (namely, “effective control”, as set out by the International Court of Justice, and the “overall control” standard, as set out by the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY)) impact on the classification of a conflict by international criminal courts and tribunals as either an international or a non-internatio...
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#1Rogier BartelsH-Index: 3
Last. J.E.D. VoetelinkH-Index: 7
view all 5 authors...
#1Rogier BartelsH-Index: 3
Last. J.E.D. VoetelinkH-Index: 7
view all 5 authors...
This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO). ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, hu...
This article analyses how international criminal courts and tribunals have pronounced on the contextual elements of their respective war crimes provisions. A comprehensive overview of the way these institutions treated the material scope of application of ihl shows that the ad hoc tribunals tended to avoid classification as either international or non-international armed conflict​, and merely found that a generic ‘armed conflict’ existed at the relevant​ time. The icc shows a tendency to classif...
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#1Rogier BartelsH-Index: 3
This chapter analyses whether it can be assessed if undue prejudice will be suffered, or has been suffered, when it concerns procedural matters before the International Criminal Court (ICC) relating to evidence. It discusses whether prejudice can only be suffered by the accused, or also by others, namely the Prosecutor or through their legal representatives victims. The notion of prejudice is mentioned in various provisions of the Rome Statute and the Rules of Procedure and Evidence. The concept...
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In 2011, following the post-election violence occurring in Kenya’s Rift Valley after the 2007 general election, where over 700 people died and more than 400,000 were forcibly displaced, the Office of the Prosecutor (Prosecution) of the International Criminal Court brought charges against, inter alia, Joshua Arap Sang, for the crimes against humanity of murder, forcible transfer, and persecution. In January 2012, Pre-Trial Chamber II, by majority, confirmed the charges against Sang, as well as th...
In 2011, following the post-election violence occurring in Kenya’s Rift Valley after the 2007 general election, where over 700 people died and more than 400,000 were forcibly displaced, the Office of the Prosecutor (Prosecution) of the International Criminal Court brought charges against, inter alia, Joshua Arap Sang, for the crimes against humanity of murder, forcible transfer, and persecution. In January 2012, Pre-Trial Chamber II, by majority, confirmed the charges against Sang, as well as th...
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International humanitarian law (IHL) provides limits to the conduct of warring parties during armed conflicts. If these limits are crossed, international criminal law (ICL) can address alleged violations of IHL. When certain conduct falls outside the scope of jurisdiction over war crimes it may result in impunity. International courts and tribunals have therefore taken a very broad approach to their jurisdiction, including with regards to the concept of non-international armed conflict, which ha...
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This article explores the relationship between the laws of armed conflict, or international humanitarian law (IHL), and the international legal concept of State sovereignty. Historically, only wars between sovereign States were subject to regulation by the laws of war. From the 19th century onwards, States agreed upon a significant number of IHL treaties and in 1949, despite calls upon sovereignty, they accepted that international law can also regulate non-international armed conflicts by extend...
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