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from Part IV - Enforcement Regimes for the Protection of Animals in Wartime
Published online by Cambridge University Press: 06 October 2022
This chapter explores the scope of application of international criminal law with respect to the repression of international crimes affecting animals during war. It considers how war crimes, crimes against humanity and genocide could apply. It then reviews all judgments – up to July 2020 – from the ad hoc/hybrid international criminal tribunals and the International Criminal Court where war crime allegations were adjudged and animals featured therein. It thus gives the first ever detailed account of how international criminal law has been used to address and repress international crimes that affect animals during war. The chapter then explores international criminal law’s limits and gaps in this area. It submits that animal cruelty during war should be recognised under international law in the same way that it is during peacetime under domestic law. It proposes that ‘other inhumane acts’ under the heading of crimes against humanity could be a means to potentially achieve this aim.
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