Guénaël Mettraux
Biographic Data
| ID | 6741981 |
|---|---|
| NAME | Guénaël Mettraux |
| GIVEN NAMES | Guénaël |
| FAMILY NAME | Mettraux |
| SIGNATURE | METTRAUX G |
| AFFILIATIONS | Amsterdam University of Applied Sciences |
| ORCID | 0009-0004-6542-8718 |
| VERIFIED | Yes |
| TOTAL WORKS | 6 |
| TOTAL CITATIONS | 5 |
| AUTHOR COUNT | 6 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2005 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 2 |
A history of the law of war crimes
The history of the notion of “war crimes” spans at least ten centuries. As far as the Western hemisphere is concerned, it starts some time in the twelfth and thirteenth centuries, absorbs normative content during the following centuries, appears as a phrase in the eighteenth century, takes juridical shape and becomes an accepted notion in the nineteenth century, and starts being enforced as a category of criminalized violations of the laws of war…
Heads of State Immunities, International Crimes and President Bashir’s Visit to South Africa
The relationship between international crimes and sovereign immunities has bedevilled judicial practice and legal scholarship and created an apparently irreconcilable tension between the two notions. Part of the difficulty in addressing this tension derives from the approach to resolving it. This paper proposes a novel approach, viewing the relationship specifically from the perspective of international criminal law and looking at the three core …
South Africa’s Failed Withdrawal from the Rome Statute
The present article discusses South Africa’s failed process of withdrawal from the International Criminal Court (ICC) in the context of the decision of the High Court of South Africa that the Government’s attempt to take the country out of the ICC was both illegal and invalid. The misguided process was blinded by political considerations and legal miscalculations, which could have had grave consequences both for the court and the reputation of So…
Response to the Comments by Zegveld and Ferdinandusse
The author responds to Zegveld and Ferdinandusse arguing that several of the issues they raise are either wrong or un-supported or even misrepresent his article
Dutch Courts' Universal Jurisdiction over Violations of Common Article 3 qua War Crimes
On 14 October 2005, The Hague District Court sentenced two Afghan asylum seekers for their role and participation in the torture of civilians during the Afghan War of 1978–1992. The Court held in both cases that it had ‘universal jurisdiction’ over violations of Common Article 3 of the Geneva Conventions and that the accused were guilty of ‘torment’ (‘foltering’) and torture as a war crime (‘marteling’). The jurisdictional basis relied upon by th…
Comparing the Comparable
Both the International Criminal Tribunal for the former Yugoslavia and the US Military Commissions were set up to respond to extraordinary judicial challenges. But while the Yugoslav Tribunal has sought to uphold internationally-recognized standards of human rights, the 2006 Military Commissions have amputated many of these rights and created serious procedural impediments for defendants. In so doing, the drafters of the 2006 Act have ignored a l…
Heads of State Immunities, International Crimes and President Bashir’s Visit to South Africa
The relationship between international crimes and sovereign immunities has bedevilled judicial practice and legal scholarship and created an apparently irreconcilable tension between the two notions. Part of the difficulty in addressing this tension derives from the approach to resolving it. This paper proposes a novel approach, viewing the relationship specifically from the perspective of international criminal law and looking at the three core …
Dutch Courts' Universal Jurisdiction over Violations of Common Article 3 qua War Crimes
On 14 October 2005, The Hague District Court sentenced two Afghan asylum seekers for their role and participation in the torture of civilians during the Afghan War of 1978–1992. The Court held in both cases that it had ‘universal jurisdiction’ over violations of Common Article 3 of the Geneva Conventions and that the accused were guilty of ‘torment’ (‘foltering’) and torture as a war crime (‘marteling’). The jurisdictional basis relied upon by th…
South Africa’s Failed Withdrawal from the Rome Statute
The present article discusses South Africa’s failed process of withdrawal from the International Criminal Court (ICC) in the context of the decision of the High Court of South Africa that the Government’s attempt to take the country out of the ICC was both illegal and invalid. The misguided process was blinded by political considerations and legal miscalculations, which could have had grave consequences both for the court and the reputation of So…
Comparing the Comparable
Both the International Criminal Tribunal for the former Yugoslavia and the US Military Commissions were set up to respond to extraordinary judicial challenges. But while the Yugoslav Tribunal has sought to uphold internationally-recognized standards of human rights, the 2006 Military Commissions have amputated many of these rights and created serious procedural impediments for defendants. In so doing, the drafters of the 2006 Act have ignored a l…
Response to the Comments by Zegveld and Ferdinandusse
The author responds to Zegveld and Ferdinandusse arguing that several of the issues they raise are either wrong or un-supported or even misrepresent his article
Dutch Courts' Universal Jurisdiction over Violations of Common Article 3 qua War Crimes
On 14 October 2005, The Hague District Court sentenced two Afghan asylum seekers for their role and participation in the torture of civilians during the Afghan War of 1978–1992. The Court held in both cases that it had ‘universal jurisdiction’ over violations of Common Article 3 of the Geneva Conventions and that the accused were guilty of ‘torment’ (‘foltering’) and torture as a war crime (‘marteling’). The jurisdictional basis relied upon by th…
South Africa’s Failed Withdrawal from the Rome Statute
The present article discusses South Africa’s failed process of withdrawal from the International Criminal Court (ICC) in the context of the decision of the High Court of South Africa that the Government’s attempt to take the country out of the ICC was both illegal and invalid. The misguided process was blinded by political considerations and legal miscalculations, which could have had grave consequences both for the court and the reputation of So…
Heads of State Immunities, International Crimes and President Bashir’s Visit to South Africa
The relationship between international crimes and sovereign immunities has bedevilled judicial practice and legal scholarship and created an apparently irreconcilable tension between the two notions. Part of the difficulty in addressing this tension derives from the approach to resolving it. This paper proposes a novel approach, viewing the relationship specifically from the perspective of international criminal law and looking at the three core …
A history of the law of war crimes
The history of the notion of “war crimes” spans at least ten centuries. As far as the Western hemisphere is concerned, it starts some time in the twelfth and thirteenth centuries, absorbs normative content during the following centuries, appears as a phrase in the eighteenth century, takes juridical shape and becomes an accepted notion in the nineteenth century, and starts being enforced as a category of criminalized violations of the laws of war…
International Law and Human Rights (5 works) · Law (5 works) · Political science (5 works) · International law (4 works) · Context (archaeology (2 works) · Global Peace and Security Dynamics (2 works) · Historical and Contemporary Political Dynamics (2 works) · History (2 works) · Human rights (2 works) · Jurisdiction (2 works)