What Are War Crimes?

War crimes refer to serious violations of the laws and customs of war that occur during armed conflicts, whether international or non-international in nature. These crimes are defined by international humanitarian law (IHL), particularly in the Geneva Conventions and their Additional Protocols. War crimes target individuals, civilian populations, or prisoners of war, and involve actions such as murder, torture, hostage-taking, and the deliberate targeting of civilian infrastructure. The International Criminal Court (ICC) has jurisdiction to prosecute individuals responsible for war crimes, ensuring accountability for those who commit such grave offenses.

Legal Definition of War Crimes

War crimes are defined by the Geneva Conventions (1949) and their Additional Protocols (1977), and by the Rome Statute (1998), which established the International Criminal Court (ICC). The definition of war crimes includes:

Grave Breaches of the Geneva Conventions

The Geneva Conventions protect civilians, prisoners of war, and wounded or sick soldiers. The grave breaches of these conventions constitute war crimes, including:

• Murder of civilians or prisoners of war.
• Torture or inhumane treatment of prisoners or civilians.
• Taking hostages.
• Targeting civilian infrastructure, such as hospitals, schools, or residential areas.
• Use of prohibited weapons (e.g., chemical or biological weapons).
• Intentional attacks on civilians or those who are not taking part in hostilities.

Additional Protocol I (1977)

This Protocol expanded the scope of war crimes and included crimes committed during international conflicts. Examples of such crimes include:

• Deliberate attacks on civilian populations or civilian objects.
• Launching attacks that cause disproportionate harm to civilians relative to the military advantage.
• Use of means of warfare that are indiscriminate, such as certain types of bombs or mines.

Additional Protocol II (1977)

This Protocol covers non-international armed conflicts, such as civil wars, and specifies war crimes like:

• Attacks on civilians or individuals who are not actively participating in hostilities.
• Torture or cruel, inhuman treatment of persons in the custody of the parties to the conflict.

Rome Statute (1998)

The Rome Statute of the ICC explicitly includes war crimes within its jurisdiction and categorizes them into two primary types:

• International Armed Conflicts: Between two or more states.
• Non-International Armed Conflicts: Within a state (such as a civil war).

Some of the key war crimes under the Rome Statute include:

• Intentionally directing attacks against civilian populations or non-combatants.
• Using child soldiers.
• Rape or sexual slavery.
• Attacking civilian infrastructure.
• Destruction of property not justified by military necessity.
• Disproportionate attacks causing harm to civilians.

Examples of War Crimes

Targeting Civilians or Civilian Objects

One of the most commonly prosecuted war crimes is the deliberate targeting of civilians or civilian objects (e.g., homes, schools, hospitals).

Example: The bombings of civilian neighborhoods during the Second World War, such as the bombing of Dresden by Allied forces, is often cited in discussions of wartime conduct, though not prosecuted at the time.

Torture and Inhuman Treatment of Prisoners of War

Example: During the Vietnam War, American soldiers were accused of torturing Vietnamese prisoners. Similarly, prisoners held at Guantanamo Bay have been subjects of torture allegations in the War on Terror.

Use of Prohibited Weapons

The use of weapons like chemical weapons, biological weapons, and landmines that cause disproportionate harm to civilians is considered a war crime.

Example: The use of chemical weapons in Syria (2013) by the Syrian government forces is a prominent example of the violation of international law regarding warfare.

Taking Hostages

The act of taking civilians or military personnel as hostages during a conflict is prohibited under international law.

Example: In the 1979 Iran Hostage Crisis, 52 American diplomats and citizens were taken hostage for 444 days.

Sexual Violence and Rape

Sexual violence is a widespread tactic of war, used to terrorize and control civilian populations, and is considered a war crime.

Example: In the Bosnian War (1992-1995), rape was used as a weapon of war by armed forces, leading to the International Criminal Tribunal for the former Yugoslavia (ICTY) prosecuting numerous individuals for sexual violence.

Child Soldiers

The recruitment and use of child soldiers in armed conflicts is explicitly prohibited under international law.

Example: Thomas Lubanga Dyilo, a militia leader in the Democratic Republic of Congo, was convicted by the ICC in 2012 for recruiting child soldiers.

Prosecution of War Crimes

International Criminal Court (ICC)

The ICC is the primary institution responsible for prosecuting individuals for war crimes. Established by the Rome Statute (1998), the Court has jurisdiction over war crimes committed in member states or in situations referred by the United Nations Security Council. It is a permanent court that can prosecute individuals for war crimes, genocide, and crimes against humanity.

Notable examples of war crimes prosecution include:

• Jean-Pierre Bemba: Convicted by the ICC in 2016 for war crimes and crimes against humanity committed by his forces in the Central African Republic in 2002-2003.
• Joseph Kony: The ICC issued arrest warrants for Joseph Kony, leader of the Lord's Resistance Army, for war crimes and crimes against humanity, including the abduction and use of child soldiers in northern Uganda.

International Tribunals

In addition to the ICC, there are ad-hoc international tribunals that were created to prosecute war crimes related to specific conflicts:

• International Criminal Tribunal for the former Yugoslavia (ICTY): Prosecuted war crimes committed during the Yugoslav Wars (1991-2001), including the Srebrenica Massacre.
• International Criminal Tribunal for Rwanda (ICTR): Prosecuted perpetrators of the Rwandan Genocide (1994), including war crimes like torture, mass murder, and sexual violence.

National Jurisdictions

Some countries have national courts that prosecute war crimes, particularly in situations where the ICC does not have jurisdiction. Some countries also have universal jurisdiction, allowing them to prosecute war crimes committed by foreigners, regardless of where the crime took place.

Conclusion

War crimes represent some of the most serious violations of international humanitarian law and are designed to protect individuals, particularly civilians, from the horrors of armed conflict. The International Criminal Court (ICC) and other tribunals are crucial in ensuring accountability for those who commit such crimes, including murder, torture, rape, and child soldier recruitment. Despite challenges such as political resistance and lack of cooperation, the international community is increasingly committed to prosecuting war crimes, upholding justice, and striving to prevent these atrocities in future conflicts.