International law functions as a moral compass in a world where the lines dividing what constitutes war are blurred, holding governments responsible for crimes. Genocide and torture are examples of war crimes that test the conscience of humanity. Can justice, though, really win out? Learn how, during international conflict, international law aims to protect the innocent and bring offenders to justice.
International law holds those who commit war crimes criminally responsible on an individual basis. War crimes are violations of international humanitarian law. As a result, war crimes, whether or not they are committed internationally, always occur in the context of an armed conflict, in contrast to crimes against humanity and genocide.
Murder, torture, looting, and purposeful attacks against the general public, relief workers, hospitals, schools, and places of worship are examples of war crimes. Another thing that qualifies as a war crime is the use of weapons that are prohibited by international treaties, including chemical weapons or cluster munitions. In contrast to crimes against humanity and genocide, war crimes can be committed against a range of victims, including both combatants and non-combatants, depending on the nature of the offense.
Who adjudicates crimes against humanity?
In general, war crime criminals must be tried by national tribunals. This could not be feasible, though, either during or after the conflict. The International Criminal Court and other international, mixed, and hybrid tribunals have jurisdiction over these types of matters. Under the Geneva Conventions, war criminals must also face trial in nations other than the ones where they committed their crimes, applying the doctrine of universal jurisdiction.
Armed conflict, or war, shatters the lives of millions of people every year.
While many of these battles take place within the borders of a single state, some, like Russia’s invasion of Ukraine, take place between states. Russian-backed government forces in Syria have been battling foreign-backed armed factions for territorial control for a considerable amount of time. Al-Shabaab militants in Somalia are still opposing attempts by the government to impose more control over the country. Regardless of the forces or reason of the conflict, the outcomes are frequently the same. Devastating civilian casualties, widespread displacement, and breaches of international humanitarian law and human rights are all consequences of armed combat.
Regardless of the abuser or the location, Amnesty International records and works against breaches of international law during armed situations from Afghanistan to Yemen. The greater danger of harm to at-risk groups, such as the elderly, children, and those with disabilities, is made clear by amnesty. Amnesty also backs the demands of survivors for national government agencies as well as international organizations like the UN and International Criminal Court to provide justice and accountability.
What rules apply in a war?
The laws of war, also referred to as international humanitarian law, specify what the participants of an armed conflict may and may not do. These legal measures aim to reduce the suffering caused to civilians and to fighters who have left the field of battle, including prisoners of war. The 1949 Geneva Conventions and their supplementary Protocols, which were ratified in the wake of World War Two, are the principal international humanitarian law treaties.
Nevertheless, a great deal of the worst abuses of human rights occur during hostilities. These include attacking civilians and civilian infrastructure directly, enlisting minors to fight on the front lines, employing rape as a weapon of war, and carrying out indiscriminate or disproportionate strikes. In retaliation, warring groups may also attempt to undermine communities by blocking food and medical supplies and even use starvation as a weapon of mass destruction.
Civilians cannot be intentionally targeted by the laws of war, although they can still be killed or injured if they are the target of a proportionate strike. All parties involved in the war are required to take precautions to reduce injury to people and “civilian objects,” including homes, schools, and hospitals. They are also prohibited from attacking in a way that fails to discriminate between civilians and combatants or that disproportionately harms civilians.
During armed wars, some of the most heinous crimes, as defined by international law, are committed. Among them are:
War crimes are grave breaches of international humanitarian law, such as intentional deaths, assaults on civilian targets, the use of weapons that are forbidden, torture, the killing or cruel treatment of prisoners of war or other people who have been taken prisoner, maimed, or turned over, and crimes involving sexual assault.
Crimes against humanity are defined as offenses carried out as part of a broad, coordinated campaign of aggression against a civilian population, whether in times of peace or conflict, by a state or an organization. Eleven crimes against humanity have been identified, such as apartheid, torture, rape and other severe sexual assault, deportation or forced population transfer, murder, extermination, enslavement, and enforced disappearance. Crimes against humanity can occur during times of peace or military conflict.
Genocide is the term for some crimes carried out with the purpose of totally or partially eradicating a national, ethnic, racial, or religious group. Genocide can occur during a peaceful conflict or a military war. The ad hoc tribunals for the former Yugoslavia, Rwanda, and Sierra Leone are examples of the specialized courts that the international community has formed over time to punish those who commit crimes against international law. The International Criminal Court ICC is another institution that upholds international justice. In March 2012, the court found Thomas Lubanga, the head of an armed group in the Democratic Republic of the Congo, guilty for the first time.
Under international law, states may also utilize the concept of universal jurisdiction to prosecute offenders of war crimes and other offenses on their own.
By the end of 2021, 89.2 million people had been forcefully displaced as a result of conflict, violence, persecution, and abuses of human rights.
The crisis in Ukraine has resulted in the internal displacement of 7 million people.
3.5 million individuals have been internally displaced as a result of the Afghan conflict.
In Ethiopia, 20 million people are in dire need of food, medical attention, and housing.
The International Criminal Court has received 31 cases so far.
Case Study: Ukraine’s Mariupol
After conducting a thorough investigation, Amnesty International determined that the strikes by Russian military forces on the Mariupol theater in Ukraine on March 16, 2022, which resulted in the deaths of at least twelve people, constituted a war crime. Based on comprehensive digital evidence, forensic architecture, and interviews with several survivors, their conclusions suggested that the attack was most likely carried out by Russian fighter aircraft dropping two 500 kg bombs that detonated simultaneously and struck close to each other. Amnesty International concluded that, despite being aware that hundreds of civilians were taking refuge there, Russian armed personnel most likely targeted the theater on purpose.
Which weapons are prohibited during combat?
Both warfare and the weaponry employed in it are ever-changing. It is specifically forbidden by international humanitarian law to use indiscriminate weapons. It is not possible to use such weapons in a way that makes a distinction between military objectives and civilian targets or between fighters and civilians. They frequently result in disproportionate harm and are erroneous. Additionally, it is forbidden by international humanitarian law to use weapons that needlessly inflict harm or suffering.
Certain weapons are prohibited by particular treaties, such as:
- nuclear armaments
- chemical warfare
- biological armaments
- Anti-human land mines
- cluster weapons
- laser weapons that blind
Even though they are not prohibited, some weapons, such as massive aerial bombs or salvos of unguided rockets, cause a great deal of harm when they are employed against huge populations of civilians. Amnesty International is a staunch supporter of the political declaration on explosive weapons in populated areas, which aims to lessen the damage that these weapons can cause to vulnerable populations.
In addition, Amnesty International spearheaded the push for a legally enforceable Arms Trade Treaty, which 111 governments approved and put into force in December 2014. Now, before states sell weapons to one another, the implications of arms sales for human rights must be taken into account. Thanks to Amnesty International’s thorough investigations and oversight of the enforcement mechanisms, we have contributed to the global cessation of harmful arms transfers.
starting point
The German Peter von Hagenbach was tried for what is now known as command responsibility during the first-ever international war crimes trial, held by an ad hoc tribunal of the Holy Roman Empire. Despite his claim that he was merely carrying out orders, he was determined to have committed crimes that, as a knight, he had a duty to prevent. This led to his conviction and beheading.
early stages of development
It is quite likely that since the inception of criminal law, war crimes have been subject to domestic punishment. Together with the First and Second Geneva Conventions of 1864 and 1906, the Hague Conventions of 1899 and 1907 were international treaties that included some of the earliest official declarations of the rules governing war and war crimes. The early 20th century provides three especially notable examples of how courts were handling international legal violations in times of conflict before the 1949 Geneva Conventions, albeit those have been improved upon and interpreted throughout time.
The War Crimes Trial in Leipzig:
Following the First World War, Allied commanders devised a plan to prosecute enemy leaders for breaking international law throughout the conflict see here for further details. The arrest and conviction of German officials suspected of war crimes was mandated under Articles 227–230 of the Treaty of Versailles. These took place in 1921. The Leipzig trial is remembered for being the first attempt to create a thorough strategy and framework for bringing cases involving violations of international law during times of war.
Tokyo Tribunal:
This tribunal was established in May 1946 to try the Imperial Japanese commanders for three categories of World War II crimes: “Class A” crimes against peace, “Class B” war crimes, and “Class C” crimes against humanity.
Nuremberg Tribunal:
The London Charter of 1945 provided the basis for the subsequent development of the notion of war crime that is known today, under the auspices of the Nuremberg Trials. See the Nuremberg Principles as well. The London Charter not only defined war crimes but also crimes against peace, which are still utilized in discussions about crimes against humanity and aggression, frequently happening in tandem with war crimes in times of armed conflict.
The Geneva Conventions comprise four treaties that were ratified and elaborated between 1864 and 1949, together with two 1977 Additional Protocols that contain the regulations dictating behavior during armed combat. Both the Geneva Conventions and its two Additional Protocols have been ratified by large numbers of people, but even in cases where they have not, a large portion of the Geneva Conventions serve as a main source of customary international humanitarian law. Violations of these treaties and associated protocols, particularly serious ones, are frequently punishable as war crimes.
