war crime

Information about war crime

In the context of war, a war crime is a punishable offense under international law, for violations of the laws of war by any person or persons, military or civilian. Every violation of the law of war in an inter-state conflict is a war crime, while violations in internal conflicts are typically limited to the local jurisdiction. In essence, the term "war crime" represents the concept of an international jurisdiction as applicable to the most severe crimes, in areas where government is dysfunctional and society is in a state of turmoil.

The article "list of war crimes" summarizes war crimes committed since the Hague Conventions of 1907. In addition, those incidents which have been judged in a court of law to be crimes against peace and crimes against humanity that have been committed since these crimes were first defined (in the London Charter, August 8, 1945) are also included. The article "list of war criminals" is a list of war criminals as according to the conduct and rules of warfare as defined by the Nuremberg Trials following World War II as well as earlier agreements such as Hague Conferences of 1899 and 1907, the Kellogg-Briand Pact of 1928, and the Geneva Conventions of 1929 and 1949.

Crimes

War crimes includes violations of established protections of the laws of war, but also include failures to adhere to norms of procedure and rules of battle, such as attacking those displaying a flag of truce, or using that same flag as a ruse of war to mount an attack.

Wanted poster for the International Criminal Tribunal for Rwanda

Attacking enemy troops while they are being deployed by way of a parachute is not a war crime. However, Protocol I, Article 42 of the Geneva Conventions explicitly forbids attacking parachutists who eject from damaged airplanes, and surrendering parachutists once landed. ^[1]

War crimes include such acts as mistreatment of prisoners of war or civilians. War crimes are sometimes part of instances of mass murder and genocide though these crimes are more broadly covered under international humanitarian law described as crimes against humanity.

War crimes are significant in international humanitarian law because it is an area where international tribunals such as the Nuremberg Trials and Tokyo trials have been convened. Recent examples are the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, which were established by the UN Security Council acting under Chapter VII of the UN Charter.

Under the Nuremberg Principles, the supreme international crime is that of commencing a war of aggression, because it is the crime from which all war crimes follow. The definition of such a crime is planning, preparing, initiating, or waging a war of aggression, or a war in violation of international treaties, agreements, or assurances. Also, participating in a common plan or conspiracy for the accomplishment of any such act constitutes such a crime.

International Criminal Court

On July 1, 2002, the International Criminal Court, a treaty-based court located in The Hague, came into being for the prosecution of war crimes committed on or after that date. However, several nations, most notably the United States, China, and Israel, have criticized the court, refused to participate in it or permit the court to have jurisdiction over their citizens. Note, however, that a citizen of one of the 'objector nations' could still find himself before the Court if he were accused of committing war crimes in a country that was a state party, regardless of the fact that their country of origin was not a signatory.

Definition

War crimes are defined in the statute that established the International Criminal Court, which includes:

Hanging of suspected United Irishmen.

Grave breaches of the Geneva Conventions, such as:
Willful killing, or causing great suffering or serious injury to body or health
Torture or inhumane treatment
Unlawful wanton destruction or appropriation of property
Forcing a prisoner of war to serve in the forces of a hostile power
Depriving a prisoner of war of a fair trial
Unlawful deportation, confinement or transfer
Taking hostages
The following acts as part of an international conflict:
Directing attacks against civilians
Directing attacks against humanitarian workers or UN peacekeepers
Killing a surrendered combatant
Misusing a flag of truce
Settlement of occupied territory
Deportation of inhabitants of occupied territory
Using poison weapons
Using civilians as shields
Using child soldiers
The following acts as part of a non-international conflict:
Murder, cruel or degrading treatment and torture
Directing attacks against civilians, humanitarian workers or UN peacekeepers
Taking hostages
Summary execution
Pillage
Rape, sexual slavery, forced prostitution or forced pregnancy

However the court only has jurisdiction over these crimes where they are "part of a plan or policy or as part of a large-scale commission of such crimes" ^[2]

Prominent indictees

To date, the former heads of state and heads of government that have been charged with war crimes include Karl Dönitz of Germany and Prime Minister Hideki Tojo of Japan. Former Yugoslav President Slobodan Milošević was brought to trial for war crimes, but died in custody before the trial could be concluded in March 11, 2006. Former Iraqi President Saddam Hussein was accused of and found guilty of committing war crimes. He was sentenced to death by hanging on November 5 2006 and was executed on December 30 of the same year. Former Liberian President Charles G. Taylor was also brought to the Hague for charging war crimes; his trial was provisionally scheduled to begin on April 2, 2007, but on January 26, 2007, the trial was postponed until June 4, 2007 to allow the defense more time to prepare.

Ambiguity

New Guinea, 1943. An Australian POW about to be beheaded.

The Geneva Conventions are a treaty that represent a legal basis for International Law with regard to conduct of warfare. Not all nations are signatories to the GC, and as such retain different codes and values with regard to wartime conduct. Some signatories have routinely violated the Geneva Conventions in a way which either uses the ambiguities of law or political maneuvering to sidestep the laws formalities and principles.

Because the definition of a state of "war" may be debated, the term "war crime" itself has seen different usage under different systems of international and military law. It has some degree of application outside of what some may consider to be a state of "war," but in areas where conflicts persist enough to constitute social instability.

The legalities of war have sometimes been accused of containing favoritism toward the winners, as certain controversies have not been ruled as war crimes. Some examples include the Allies' destruction of civilian Axis targets during World War I and World War II (the firebombing of the German city of Dresden is one such example), the use of atomic bombs on Hiroshima and Nagasaki in World War II; the use of Agent Orange against civilian targets in the Vietnam war; and the Indonesian occupation of East Timor between 1976 and 1999.

In areas where International Law is yet unresolved, some ambiguity remains with regard to which crimes are considered as such and which are not.

Footnotes

1. ^ Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflict, International Committee of the Red Cross, Geneva, Switzerland. (Protocol I)
2. ^ Rome Statute, Part I, Article 8.

• • [ e]
Sources of international criminal law:
Customary international law - Peremptory norm Hague Conventions - Geneva Conventions - Nuremberg Charter - Nuremberg Principles United Nations Charter - Genocide Convention - Convention Against Torture - Rome Statute
Crimes against international law:
Crime against humanity - Crime against peace - Crime of apartheid Genocide - Piracy - Slave trade - War crime - War of aggression
International courts:
Nuremberg Trials - International Military Tribunal for the Far East - Khabarovsk War Crime Trials International Criminal Tribunal for the former Yugoslavia - International Criminal Tribunal for Rwanda - Special Court for Sierra Leone - Special Tribunal for Lebanon International Criminal Court
History:
List of war crimes - List of convicted war criminals
Related concepts:
Command responsibility - Laws of war - Universal jurisdiction

WAR is a three-letter abbreviation with multiple meanings, as described below:

War
War (band)
War (film), a 2007 movie starring Jet Li and Jason Statham
Warrenton Railroad (AAR reporting marks WAR)
WAR, a Japanese professional wrestling promotion

..... Click the link for more information.

International law can refer to three distinct legal disciplines.

public international law, which involves for instance the United Nations, maritime law, international criminal law and the Geneva conventions.

..... Click the link for more information.

The two parts of the laws of war (or Law of Armed Conflict (LOAC)): Law concerning acceptable practices while engaged in war, like the Geneva Conventions, is called jus in bello; while law concerning allowable justifications for armed force is called
..... Click the link for more information.

Military has two broad meanings. In its first sense, it refers to soldiers and soldiering. In its second sense, it refers to armed forces as a whole. Over the years, military units have come in all shapes and sizes.
..... Click the link for more information.

A civilian under international humanitarian law is a person who is not a member of his or her country's armed forces. The term is also often used colloquially to refer to people who are not members of a particular profession or occupation, especially by law enforcement agencies,
..... Click the link for more information.

jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to
..... Click the link for more information.

1. Participation in a common plan of conspiracy for the accomplishment of crimes against peace

2. Planning, initiating and waging wars of aggression and other crimes against peace

..... Click the link for more information.

The Hague Conventions were international treaties negotiated at the First and Second Peace Conferences at The Hague, Netherlands in 1899 and 1907, respectively, and were, along with the Geneva Conventions, among the first formal statements of the laws of war and war crimes in the
..... Click the link for more information.

A crime against peace, in international law, refers to the act of military invasion as a war crime, specifically referring to starting or waging war against the integrity, independence, or sovereignty of a territory or state, or else a military violation of relevant international
..... Click the link for more information.

In international law a crime against humanity is an act of persecution or any large scale atrocities against a body of people, and is the highest level of criminal offense.
..... Click the link for more information.

The London Charter of the International Military Tribunal (usually referred to simply as the London Charter or Nuremberg Charter) was the decree issued on August 8, 1945, that set down the laws and procedures by which the Nuremberg trials were to be conducted.
..... Click the link for more information.

August 8 is the 1st day of the year (2nd in leap years) in the Gregorian calendar. There are 0 days remaining.

Events

1220 - Sweden was defeated by Estonian tribes in the Battle of Lihula.

..... Click the link for more information.

19th century - 20th century - 21st century
1910s 1920s 1930s - 1940s - 1950s 1960s 1970s
1940 1941 1942 - 1943 - 1944 1945 1946

Year 1945 (MCMXLV
..... Click the link for more information.

formally charged and convicted war criminals as according to the conduct and rules of warfare as defined by the Nuremberg Trials following World War II as well as earlier agreements established by the Hague Conferences of 1899 and 1907, the Kellogg-Briand Pact of 1928, and
..... Click the link for more information.

war crime is a punishable offense under international law, for violations of the laws of war by any person or persons, military or civilian. Every violation of the law of war in an inter-state conflict is a war crime, while violations in internal conflicts are typically limited to
..... Click the link for more information.

Nuremberg Trials are a series of trials most notable for the prosecution of prominent members of the political, military and economic leadership of Nazi Germany. The trials were held in the city of Nuremberg, Germany, from 1945 to 1949, at the Nuremberg Palace of Justice.
..... Click the link for more information.

Allied powers:
Soviet Union
United States
United Kingdom
China
France
...et al. Axis powers:
Germany
Japan
Italy
...et al.
..... Click the link for more information.

Hague Convention:

The Hague Conventions of 1899 and 1907, agreements providing, among others things, regulations for the commencement of hostilities and conduct of belligerents and neutral powers towards each other and other nations, and outlawing the use of

..... Click the link for more information.

Kellogg-Briand Pact, also known as the Pact of Paris after the city where it was signed on August 27, 1928, was an international treaty "providing for the renunciation of war as an instrument of national policy.
..... Click the link for more information.

Geneva Conventions consist of four treaties formulated in Geneva, Switzerland, that set the standards for international law for humanitarian concerns.

They chiefly concern the treatment of non-combatants and prisoners of war.
..... Click the link for more information.

Generally, a battle is a specific instance of combat in warfare between two or more parties wherein each group will seek to defeat the others. Battles are most often fought during wars or military campaigns and can usually be well defined in time, space and action.
..... Click the link for more information.

A ruse of war is an action taken by a belligerent in warfare to fool the enemy in order to gain intelligence or a military advantage against an enemy.

Good faith

Good faith in dealing with an enemy must be observed as a rule of conduct; but this does not prevent measures
..... Click the link for more information.

prisoner of war (POW, PoW, or PW) is a combatant who is imprisoned by an enemy power during or immediately after an armed conflict.

Ancient times

..... Click the link for more information.

Mass murder (massacre) is the act of murdering a large number of people, typically at the same time or over a relatively short period of time. Mass murder may be committed by individuals or organizations.
..... Click the link for more information.

Genocide is the deliberate and systematic destruction of an ethnic, religious or national group. While precise definition varies among genocide scholars, the legal definition is found in the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide
..... Click the link for more information.

International humanitarian law (IHL), also known as the law of war, the laws and customs of war or the law of armed conflict, is the legal corpus "comprised of the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law,
..... Click the link for more information.

Humanitarianism is an informal ideology of practice, whereby people practice humane treatment and provide assistance to others; it is ''the doctrine that people's duty is to promote human welfare.<ref name=""> "humanitarianism." WordNetÂ® 3.0. Princeton University.
..... Click the link for more information.

This article is copied from an article on Wikipedia.org - the free encyclopedia created and edited by online user community. The text was not checked or edited by anyone on our staff. Although the vast majority of the wikipedia encyclopedia articles provide accurate and timely information please do not assume the accuracy of any particular article. This article is distributed under the terms of GNU Free Documentation License.

EnglishInfo

war crime

Information about war crime

Crimes

International Criminal Court

Definition

Prominent indictees

Ambiguity

See also

Further reading

Footnotes

Events

Good faith

Ancient times

Search Dictionary