War crime

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"White" Firingsquad kills "reds" 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. However, all suggestions that the current US lead invasion of Iraq includes war crimes are actively excluded from the article.

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 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. It is has been incorrectly reported that "Another good example is attacking enemy troops while they are being deployed by way of a parachute". However, Protocol I, Art.42 of the Geneva Conventions forbids attacking parachutists who eject from damaged airplanes, and surrendering parachutists once landed, but specifically excludes airborne troops from protection [1]. 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.

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.

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, 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.

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.

In determining the legality of acts committed during war, favoritism toward states that were winners in wars has sometimes been alleged, and it is sometimes stated: "History is winners' history", since certain actions perpetrated by states that were the "winners" have not been ruled as war crimes. Some examples include the United States' destruction of civilian targets through the use of atomic bombs on Hiroshima and Nagasaki and mass firebombing attacks on Axis cities such as Tokyo, Kobe, and Dresden in World War II[citation needed]. 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.

See also

References

  1. Protocol I, Art.42, item 3 8th June 1977

Further reading

External Links

Footnotes


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