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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. War crimes can be committed during international armed conflict or internal armed conflict (see Tadic [Interlocutory Appeal] ICTY 1995. Formerly war crimes were limited to international conflicts but this has changed over time as the International Human Rights regime^[who?] has gained in momentum.

War crimes such as perfidy have existed for many centuries as customary law between civilised countries, Many of these customary laws were clarified in the Hague Conventions of 1899 and 1907. The modern concept of war crime was further developed under the auspices of the Nuremberg Trials based on the definition in the London Charter that was published on August 8, 1945. Along with war crimes the charter also defined crimes against peace and crimes against humanity, which are often committed during wars and in concert with war crimes, but are different offenses under international law.

Article 22 of the Hague IV ("Laws of War: Laws and Customs of War on Land (Hague IV); October 18, 1907") states that "The right of belligerents to adopt means of injuring the enemy is not unlimited" and over the last century many other treaties have introduced positive laws that place constraints on belligerents (see International treaties on the laws of war). Some of the provisions, such as those in the Hague conventions are considered to be part of customary international law, and are binding on all,^[1] Others are only binding on individuals if the belligerent power to which they belong is a party to the treaty which introduced the constraint.

Crimes

File:Nazi German attrocities.JPG

Execution of Russian civilians by a shot in the back of the head, carried out with a certain grim intensity, even relish. German officers felt a contempt for the "sub-human" Slavic people, coupled with a disposition towards anti-Semitism.

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.

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. ^[2]

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 and refuse to participate in it or to 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.

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

Grave breaches of the Geneva Conventions, such as:
1. Willful killing, or causing great suffering or serious injury to body or health
2. Torture or inhumane treatment
3. Unlawful wanton destruction or appropriation of property
4. Forcing a prisoner of war to serve in the forces of a hostile power
5. Depriving a prisoner of war of a fair trial
6. Unlawful deportation, confinement or transfer
7. Taking hostages
The following acts as part of an international conflict:
1. Directing attacks against civilians
2. Directing attacks against humanitarian workers or UN peacekeepers
3. Killing a surrendered combatant
4. Misusing a flag of truce
5. Settlement of occupied territory
6. Deportation of inhabitants of occupied territory
7. Using poison weapons
8. Using civilians as shields
9. Using child soldiers
The following acts as part of a non-international conflict:
1. Murder, cruel or degrading treatment and torture
2. Directing attacks against civilians, humanitarian workers or UN peacekeepers
3. Taking hostages
4. Summary execution
5. Pillage
6. 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" ^[3]

Prominent indictees

To date, the former heads of state and heads of government that have been charged with war crimes include Karl Dönitz and Ernst Kaltenbrunner 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 on March 11, 2006, before the trial could be concluded. Former Iraqi President Saddam Hussein was accused of and found guilty of committing war crimes by an Iraqi court which was established by Saddam opponents. He was sentenced to death by hanging on November 5 2006 and was executed on December 30 of the same year by the court but not the International Criminal Court. Former Liberian President Charles G. Taylor was also brought to the Hague charged with 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. A change in the defence team resulted in a further postponement. The trial is currently scheduled to begin on January 7, 2008.

Ambiguity

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 ("Victor's justice"), 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; the mass killing of Biharies by Kader Siddique and Mukti Bahini^[4] before or after victory of Bangladesh Liberation War in Bangladesh between 1971 and 1972; 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.

Punishment

Historically, the punishment for committing war crimes was capital punishment, but in many cases, war criminals were sent to national prisons to live out the rest of their lives. In certain cases, such as the Saddam Hussein execution, the convicted is sent to a country to have the terms of his/her execution decided by the affected government. At the modern international tribunals, capital punishment is banned, and conviction results in a sentence for a term of years. The convicted person serves his or her sentence in a national prison system, whose country has agreed with the tribunal to effect execution of sentence.

External links

Footnotes

^ Judgement: The Law Relating to War Crimes and Crimes Against Humanity contained in the Avalon Project archive at Yale Law School. "but by 1939 these rules laid down in the [Hague] Convention [of 1907] were recognised by all civilized nations, and were regarded as being declaratory of the laws and customs of war"
^ 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)
^ Rome Statute, Part I, Article 8.
^ Interview With History by Oriani Fallaci-

[1] Judgement: The Law Relating to War Crimes and Crimes Against Humanity contained in the Avalon Project archive at Yale Law School. "but by 1939 these rules laid down in the [Hague] Convention [of 1907] were recognised by all civilized nations, and were regarded as being declaratory of the laws and customs of war"

[2] 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)

[3] Rome Statute, Part I, Article 8.

[4] Interview With History by Oriani Fallaci-

[1]

[2]

[3]

[4]

@@ Line 1: / Line 1: @@
+[[Image:Malmedy Massacre.jpg|thumb|United States soldiers discover the aftermath of the [[Malmedy massacre]] (1944).]]
-United States of America should be charged of war crimes.
+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]].
+War crimes can be committed during international armed conflict or internal armed conflict (see Tadic [Interlocutory Appeal] ICTY 1995. Formerly war crimes were limited to international conflicts but this has changed over time as the [[International Human Rights]] regime{{who}} has gained in momentum.
+War crimes such as [[perfidy]] have existed for many centuries as customary law between civilised countries, Many of these customary laws were clarified in the [[Hague Conventions of 1899 and 1907]]. The modern concept of war crime was further developed under the auspices of the [[Nuremberg Trial]]s based on the definition in the [[London Charter]] that was published on [[August 8]], [[1945]]. Along with war crimes the charter also defined [[crimes against peace]] and [[crimes against humanity]], which are often committed during wars and in concert with war crimes, but are different offenses under international law.
+Article 22 of the Hague IV ("Laws of War: Laws and Customs of War on Land (Hague IV); October 18, 1907") states that "The right of belligerents to adopt means of injuring the enemy is not unlimited" and over the last century many other treaties have introduced positive laws that place constraints on belligerents (see [[International treaties on the laws of war]]). Some of the provisions, such as those in the Hague conventions are considered to be part of customary international law, and are binding on all,<ref>[http://www.yale.edu/lawweb/avalon/imt/proc/judlawre.htm Judgement: The Law Relating to War Crimes and Crimes Against Humanity] contained in the [[Avalon Project]] archive at [[Yale Law School]]. "''but by 1939 these rules laid down in the [Hague] Convention [of 1907] were recognised by all '''civilized nations''', and were regarded as being declaratory of the laws and customs of war''"</ref> Others are only binding on individuals if the belligerent power to which they belong is a party to the treaty which introduced the constraint.
+== Crimes ==
+[[Image:Nazi German attrocities.JPG|thumb|Execution of Russian civilians by a shot in the back of the head, carried out with a certain grim intensity, even relish. German officers felt a contempt for the "sub-human" Slavic people, coupled with a disposition towards anti-Semitism.]]
+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.
+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. <ref>''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. [http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14a77fdc125641e0052b079 (Protocol I)]</ref>
+War crimes include such acts as mistreatment of [[prisoner of war|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 and refuse to participate in it or to 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.
+War crimes are defined in the statute that established the International Criminal Court, which includes:
+#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 [[population transfer|transfer]]
+##Taking [[hostage]]s
+#The following acts as part of an international conflict:
+##Directing attacks against civilians
+##Directing attacks against [[humanitarian]] workers or [[UN]] [[peacekeeper]]s
+##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 [[Military use of children|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]]
+##[[Looting|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''" <ref> [http://www.un.org/law/icc/statute/romefra.htm Rome Statute, Part I, Article 8.] </ref>
+== Prominent indictees ==
+To date, the former [[Head of State|heads of state]] and [[Head of Government|heads of government]] that have been charged with war crimes include [[Karl Dönitz]] and [[Ernst Kaltenbrunner]] of [[Germany]] and Prime Minister [[Hideki Tojo]] of [[Japan]]. Former [[Federal Republic of Yugoslavia|Yugoslav]] [[President of Yugoslavia|President]] [[Slobodan Milošević]] was brought to trial for war crimes, but died in custody on [[March 11]], [[2006]], before the trial could be concluded.  Former [[Iraq]]i [[President of Iraq|President]] [[Saddam Hussein]] was accused of and found guilty of committing war crimes by an Iraqi court which was established by Saddam opponents. He was sentenced to death by hanging on [[November 5]] [[2006]] and was executed on [[December 30]] of the same year by the court but not the International Criminal Court. Former [[Liberia]]n [[President of Liberia|President]] [[Charles Taylor (Liberia)|Charles G. Taylor]] was also brought to the Hague charged with 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.  A change in the defence team resulted in a further postponement.  The trial is currently scheduled to begin on January 7, 2008.
+== Ambiguity ==
+[[Image:LeonardGSiffleet.jpg|130px|thumb|right|[[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 ("[[Victor's justice]]"), 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, Nagasaki|Nagasaki]] in [[World War II]]; the use of [[Agent Orange]] against civilian targets in the [[Vietnam war]]; the mass killing of Biharies by  Kader Siddique and Mukti Bahini<ref>Interview With History by Oriani Fallaci-</ref> before or after victory of [[Bangladesh Liberation War]] in Bangladesh between 1971 and 1972; and the [[Indonesia]]n 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.
+== Punishment ==
+Historically, the punishment for committing war crimes was [[capital punishment]], but in many cases, war criminals were sent to national prisons to live out the rest of their lives. In certain cases, such as the [[Saddam Hussein]] execution, the convicted is sent to a country to have the terms of his/her execution decided by the affected government.  At the modern international tribunals, capital punishment is banned, and conviction results in a sentence for a term of years.  The convicted person serves his or her sentence in a national prison system, whose country has agreed with the tribunal to effect execution of sentence.
+==See also==
+{{Portal|Genocide|GenocidePortalLogo(ESR)2.JPG}}
+*[[List of war crimes]]
+*[[Laws of war]]
+*[[Command responsibility]]
+*[[German war crimes]]
+*[[War crimes of the Wehrmacht]]
+*[[Armenian Genocide|Ottoman war crimes]]
+*[[Crimes against humanity]]
+*[[Japanese war crimes]]
+*[[Allied war crimes]]
+*[[Red Army atrocities]]
+*[[NKVD prisoner massacres|NKVD massacres of prisoners]]
+*[[War Crimes Law (Belgium)]]
+*[[Consequences of German Nazism]]
+*[[Lodge Committee|1902 Lodge Committee investigating Philippine-American war crimes]]
+*[[Russell Tribunal|Russell Vietnam War Crimes Tribunal - 1967]]
+*[[1971 Bangladesh atrocities]]
+*[[The International Criminal Court and the 2003 invasion of Iraq]]
+*[[Special Court for Sierra Leone]]
+*[[Human shield]]
+*[[Cases before the International Criminal Court]]
+*[[Transitional Justice]]
+*[[Second Italo-Abyssinian War#Aftermath]]
+*[[1999 NATO bombing of the Federal Republic of Yugoslavia]]
+*[[Haditha_killings|Massacre of Haditha]]
+==Further reading==
+* Mark Santillen "My Life with Pietro Koch - The history of the beast of Frascati".  Gunther edition , Rome 2007
+* Aryeh Neier, ''War Crimes: Brutality, Genocide, Terror and the Search for Justice''. New York: Times Books & Random House, 1998.
+* Fabio Maniscalco, ''World Heritage and War'', monographic collection "Mediterraneum", vol. 6, Naples: Massa Publisher, 2007.
+*[http://www.warcrimes.info/ Documents and Resources on War, War Crimes and Genocide]
+*[http://www.iraqispecialtribunal.org/en/home.htm Iraqi Special Tribunal]
+*[http://www.crimesofwar.org Crimes of War Project]
+*[http://www.un.org/law/icc/ Rome Treaty of the International Criminal Court]
+*[http://www.sc-sl.org/ Special Court for Sierra Leone]
+*[http://www.un.org/icty/ UN International Criminal Tribunal for the former Yugoslavia]
+*[http://findingkaradzic.blogspot.com/ Weblog about the hunt for indicted warcriminals in the Former Yugoslavia]
+*[http://web.tiscali.it/osservatoriobc/ Web page about the war crimes against cultural property]
+*[http://www.ictr.org/ UN International Criminal Tribunal for Rwanda]
+*[http://www.globalpolicy.org/intljustice/etimorindx.htm Ad-Hoc Court for East Timor]
+*[http://archives.cbc.ca/IDD-1-71-1435/conflict_war/war_criminals/ CBC Digital Archives -Fleeing Justice: War Criminals in Canada]
+*[http://today.reuters.com/News/newsArticle.aspx?type=topNews&storyID=2006-07-03T182459Z_01_L20719326_RTRUKOC_0_US-IRAQ.xml USArmy Crimes in Iraq]
+*[[Interview with History]] by [[Oriani Falaci]]- Allegation against Mass killing of Kader Siddique to Sheikh Muzibur Rahaman in his interview.
+*[[Khojaly massacre]]
+==External links==
+*[http://www.crimesofwar.org/thebook/quarter-giving-no.html War Crimes in Sri Lanka:Quarter, Giving No By John Burns]
+*[http://www.tamilnation.org/indictment/warcrimes/index.htm War Crimes - Sri Lanka]
+*[http://www.youtube.com/watch?v=Y3cx5pciVWM Video: War Criminals Balkans]
+==Footnotes==
+{{reflist}}
+{{International Criminal Law}}
+[[Category:International criminal law]]
+[[Category:Laws of war]]
+[[Category:War crimes| ]]
+[[ar:جريمة حرب]]
+[[bg:Военно престъпление]]
+[[ca:Crim de guerra]]
+[[cs:Válečné zločiny]]
+[[da:Krigsforbrydelse]]
+[[de:Kriegsverbrechen]]
+[[et:Sõjakuritegu]]
+[[el:Έγκλημα πολέμου]]
+[[es:Crimen de guerra]]
+[[eo:Militkrimo]]
+[[fr:Crime de guerre]]
+[[ko:전쟁 범죄]]
+[[id:Kejahatan perang]]
+[[it:Crimine di guerra]]
+[[he:פשע מלחמה]]
+[[lv:Kara noziegumi]]
+[[lt:Karo nusikaltimai]]
+[[nl:Oorlogsmisdaad]]
+[[ja:戦争犯罪]]
+[[no:Krigsforbrytelse]]
+[[pl:Zbrodnie wojenne]]
+[[pt:Crime de guerra]]
+[[ro:Crimă de război]]
+[[ru:Военное преступление]]
+[[simple:War crime]]
+[[sk:Vojnové zločiny]]
+[[sl:Vojni zločin]]
+[[sr:Ратни злочини]]
+[[fi:Sotarikos]]
+[[sv:Brott mot krigets lagar]]
+[[tr:Savaş suçu]]
+[[ur:جنگی جرائم]]
+[[zh:战争罪]]

v t e International criminal law
Sources	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	Crimes against humanity Crime of aggression Crime of apartheid Genocide Genocidal intent Incitement to genocide Piracy Slave trading Starvation War crime
International courts (in order of foundation)	International Military Tribunal (Nuremberg Trials) International Military Tribunal for the Far East International Criminal Tribunal for the former Yugoslavia International Criminal Tribunal for Rwanda Special Court for Sierra Leone International Criminal Court Extraordinary Chambers in the Courts of Cambodia Special Panels of the Dili District Court Special Tribunal for Lebanon International Residual Mechanism for Criminal Tribunals
Related concepts	Command responsibility Superior orders Joint criminal enterprise International humanitarian law International speech crimes Universal jurisdiction