The Future of the Grave Breaches Regime: Segregate, Assimilate or Abandon

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James G. Stewart (ed) The Grave Breaches Regime in the Geneva Convention: A Reassessment Sixty Years On Journal of International Criminal Justice, Vol. 7(4) 2009 (peer reviewed).

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This Article appears in an edited volume involving leading commentary on the grave breaches regime of the Geneva Conventions. I argue that there are three possible futures for the grave breaches regime: (a) continued segregation from other categories of war crimes in deference to the historical development of these crimes; (b) assimilation with other categories of war crimes, ideally through the promulgation of a more coherent treaty regime; and (c) abandonment because grave breaches entail troublesome technicalities with only marginal substantive added-value. I conclude that these war crimes will persist in a tension between these poles.