double standards of criminalization of war crimes in international conflicts and internal disputes

the international criminal court , which is part of the fourth generation of the criminal courts, plays a prominent role in the institutionalization of international humanitarian law (ihl). hence, it was expected that negotiators utilized from previous criminal tribunals experiences and they terminated in the distinctions between gross breaches of international humanitarian law. it was expected that the court could pursued all war criminals whether they were involved in national or non-international war crimes.but,political considerations and adherence to the former rules of war specially the 1949 geneva conventions and their 1977 additional protocols were prevented to expansions of gradual international humanitarian law circumstances , and many of war criminals will not pursue under international justice.