![]() ![]() The author proposes a fresh look at the icc’s legal framework to solve conflict classification problems. Incorrect conflict classification may affect ihl’s scope of application, and negatively impact on an accused’s fair trial rights under international criminal law. Non-international armed conflict is often, mistakenly, treated as a residual regime. The icc shows a tendency to classify situations as non-international armed conflicts without considering whether the situation concerned may instead (or at the same time) qualify as an international armed conflict. 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. Going forward, I arguethat more attention to the during-conflict period can enhance ourunderstanding of how the pursuit of justice plays out after conflict.This article analyses how international criminal courts and tribunals have pronounced on the contextual elements of their respective war crimes provisions. This articlecontributes a conflict studies perspective on the establishment ofnational-level institutions to advance human rights in a context ofhigh impunity and amid armed conflict. I argue that various domestic and international humanrights advocates and civil society organisations clashed with theColombian Government over questions of accountability.Persistent efforts to expose or conceal abuses produced a tug-of-war dynamic, where the two sides pulled the political debate andjudicial frameworks in their preferred direction. This expose–conceal framework is used to study the search for justice forabuses committed by paramilitary groups in Colombia in the2000s. ![]() ![]() Despite its prevalence in armed conflicts globally, the pursuit of justice and human rights during armed conflict has receivedrelatively little attention compared with efforts taken post-conflict.In this article, I discuss the trajectory of state-led measures totackle human rights abuses while violence is ongoing, with afocus on the interplay between actors seeking to expose andthose seeking to conceal human rights abuses. ![]()
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