par Scalia, Damien
Référence Revue internationale de la Croix-Rouge, 90, 870, page (343-357)
Publication Publié, 2008
Article révisé par les pairs
Résumé : War crimes are among the most serious crimes; that is why international courts and tribunals have jurisdiction to prosecute and punish them. However, serious though they are, it is not legitimate to punish them in such a way as to exceed the bounds of respect for human rights. The author considers that, when the perpetrators of war crimes are prosecuted and punished, criteria inherent to the rule of law like those applied by the European Court of Human Rights (such as legality and proportionality) must be met.