Questions for discussion

  1. How should the definition of armed conflict--and thus the subject matter jurisdiction--of international criminal courts be defined?
  2. How should the law of armed conflict be adapted to the realities of insurgency campaigns--should customary practices of insurgents be privileged?
  3. Should the category of illegal combatants be recognized, meaning that they are legitimate targets but everything they do is a war crime?
  4. Does international criminal law intrude so far into the inherently political realm, e.g. by permitting prosecution of heads of state, that it is impracticable or harmful?