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A few thoughts on guaranties inherent to the rule of law as applied to sanctions and the prosecution and punishment of war crimes
30-06-2008 Article, International Review of the Red Cross, No. 870, by Damien Scalia
War crimes are among the most serious crimes; that is why international courts and tribunals have jurisdiction to prosecute and punish them. The author considers that, when the perpetrators of war crimes are prosecuted and punished, criteria inherent to the rule of law such as those applied by the European Court of Human Rights (legality, proportionality, etc.) must be met.
Abstract
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. 
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