War crime
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Between 3 and 5 million sovjet POWs died in the Nazi-camps. Most of them by hunger. |
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"White" Firingsquad kills "red´s" during the Finnish Civil War. Länkipohja, Finnland 1918 |
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.
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"Agent Orange Cropdusting" by the US-Airforce in Vietnam. |
War crimes include 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. Another good example includes attacking enemy troops while they are being deployed by way of a parachute. The definition of the term "war crime" usually varies between trials to convict the defendants with a more specific crime that they may have committed.
It comprises 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 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.
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 to travel to a country which is a signatory to the treaty, regardless of the fact that their country of origin is not a signatory.
To date, the former
heads of state and
heads of government that have been charged with war crimes include
Karl Dönitz of
Germany, ex Prime Minister
Hideki Tojo of
Japan and former Liberian President
Charles Taylor. Former
Yugoslav President
Slobodan Milošević was brought to trial for war crimes, but died before the trial could be concluded. Former Iraqi President
Saddam Hussein is accused of committing war crimes and is currently on trial in Iraq.
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, to the degree that it's sometimes stated:"History is winners' history", as certain controversies have not been ruled as war crimes. Some examples include the United States' destruction of civilian targets thru the use of atomic bombs on
Hiroshima and
Nagasaki in
World War II. Others cite 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.
*
Command responsibility*
Laws of war*
Japanese war crimes*
War Crimes Law (Belgium)*
1902 Lodge Committee investigating Philippine-American war crimes*
Russell Vietnam War Crimes Tribunal - 1967*
The International Criminal Court and the 2003 invasion of Iraq*
Special Court for Sierra Leone*
Human shield*
List of war crimes*
Documents and Resources on War, War Crimes and Genocide*
Iraqi Special Tribunal*
Crimes of War Project*
Rome Treaty of the International Criminal Court*
Special Court for Sierra Leone*
UN International Criminal Tribunal for the former Yugoslavia*
Weblog about the hunt for indicted warcriminals in the Former Yugoslavia*
UN International Criminal Tribunal for Rwanda*
Ad-Hoc Court for East Timor*
CBC Digital Archives -Fleeing Justice: War Criminals in Canada*
USArmy Crimes in Iraq
