Citizendia

Execution of Russian civilians by a shot in the back of the head.
Execution of Russian civilians by a shot in the back of the head.

War crimes are "violations of the laws or customs of war", including but not limited to "murder, the ill-treatment or deportation of civilian residents of an occupied territory to slave labor camps", "the murder or ill-treatment of prisoners of war", the killing of hostages, "the wanton destruction of cities, towns and villages, and any devastation not justified by military necessity" [1]

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. A labor camp is a simplified detention facility where inmates are engaged in Penal labor. Perfidy is an act of deliberate Treachery or Deception. Under the 1977 Protocol I Additional to the Geneva Conventions of 12 August 1949 ( Protocol The Hague Conventions were international treaties negotiated at the First and Second Peace Conferences at The Hague, Netherlands in 1899 and 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. The Nuremberg Trials were a series of trials most notable for the prosecution of prominent members of the political military and economic leadership of Nazi Germany after The London Charter of the International Military Tribunal (usually referred to simply as the London Charter or Nuremberg Charter) was the decree issued on August Events 1220 - Sweden is defeated by Estonian tribes in the Battle of Lihula. Year 1945 ( MCMXLV) was a Common year starting on Monday (link will display the full calendar 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. A crime against peace, in International law, refers to "planning preparation initiation or waging of wars of aggression, or a war in violation of international In Public international law, a crime against humanity is an act of Persecution or any large scale atrocities against a body of people and is the highest level of

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). The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to 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,[2] Others are only binding on individuals if the belligerent power to which they belong is a party to the treaty which introduced the constraint.

Contents

Crimes

United States soldiers discover the aftermath of the Malmedy massacre (1944).
United States soldiers discover the aftermath of the Malmedy massacre (1944). The Malmedy massacre refers to a War crime in which about 90 unarmed American prisoners of war were executed by their German captors

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. White flags have had different meanings throughout history and depending on the locale A ruse of war (from the French ruse de guerre) is an action taken by a Belligerent in Warfare to fool the enemy in order to gain intelligence 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. The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian [3]. 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. This article deals with mass killings that are not considered Genocide. Genocide is the deliberate and systematic destruction in whole or in part of an ethnic racial religious or national group International humanitarian law ( IHL) often referred to as the Laws of war, the laws and customs of war or the law of armed conflict In Public international law, a crime against humanity is an act of Persecution or any large scale atrocities against a body of people and is the highest level of

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. Humanitarianism is an active belief in Humanism (the idea of the value of human life whereby Humans practice benevolent treatment and provide assistance to other humans The Nuremberg Trials were a series of trials most notable for the prosecution of prominent members of the political military and economic leadership of Nazi Germany after 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. The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 See also Rwandan Genocide The International Criminal Tribunal for Rwanda ( ICTR) is an International court established in November The United Nations Charter is the Treaty that forms and establishes the International organization called the United Nations.

Under the Nuremberg Principles, war crimes are different from crimes against peace which is planning, preparing, initiating, or waging a war of aggression, or a war in violation of international treaties, agreements, or assurances. The Nuremberg Principles were a set of guidelines for determining what constitutes a War crime. A crime against peace, in International law, refers to "planning preparation initiation or waging of wars of aggression, or a war in violation of international A war of aggression is a Military conflict waged in the absence of "a necessity of self-defense instant overwhelming leaving no choice of means and no moment of deliberation

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. "July 1st" redirects here For the Ayumi Hamasaki song see H (song. See also 2002 (disambiguation Year 2002 ( MMII) was a Common year starting on Tuesday of the Gregorian calendar. The International Criminal Court ( ICC or ICCt) was established in 2002 as a permanent tribunal to prosecute individuals for Genocide, crimes against 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. The United States of America —commonly referred to as the China ( Wade-Giles ( Mandarin) Chung¹kuo² is a cultural region, an ancient Civilization, and depending on perspective a National For a topic outline on this subject see List of basic Israel topics. 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:

  1. 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
  2. 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
  3. 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" [4]

Prominent indictees

Main article: List of war crimes

To date, the former heads of state and heads of government that have been charged with war crimes include:

Ambiguity

New Guinea, 1943. An Australian POW about to be beheaded.
New Guinea, 1943. New Guinea, located just north of Australia, is the world's second largest island, having become separated from the Australian mainland when the area now known 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. The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian 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. The label " victor's justice " (in German,) to a situation in which they believe that a victorious nation is applying different rules to judge what is right 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[5] 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. World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including Dresden (etymologically from Old Sorbian Drežďany, meaning people of the riverside forest, Drježdźany is the Capital city of the German The Japanese city of ( is the capital of Hiroshima Prefecture, and the largest city in the Chūgoku region of western Honshū, the largest of Japan 's ( is the Capital and the largest city of Nagasaki Prefecture in Japan. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including Agent Orange is the code name for a powerful Herbicide and Defoliant used by the U The Vietnam War, also known as the Second Indochina War, or the Vietnam Conflict, occurred in Vietnam, Laos and Cambodia The Bangladesh Liberation War (i ( Bengali: মুক্তিযুদ্ধ Muktijuddho) was an armed conflict between West Pakistan (later The Republic of Indonesia ( (Republik Indonesia is a Country in Southeast Asia. East Timor, also known as Timor-Leste (officially the Democratic Republic of Timor-Leste) is a country in Southeast Asia.

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. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. 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

Further reading

External links

Footnotes

  1. ^ Nicolas Werth, Karel Bartošek, Jean-Louis Panné, Jean-Louis Margolin, Andrzej Paczkowski, Stéphane Courtois, The Black Book of Communism: Crimes, Terror, Repression, Harvard University Press, 1999, hardcover, 858 pages, ISBN 0-674-07608-7, page 5. The Khojaly Massacre was the killing of hundreds of ethnic Azerbaijani civilians from the town of Khojaly on 25 February 1992 during the Stéphane Courtois (born November 25, 1947) is a French Historian. The Black Book of Communism Crimes Terror Repression is a book which describes a history of Repressions both Political and Civilian, by Harvard University Press ( HUP) is a Publishing house, a division of Harvard University, that is highly respected in Academic publishing.
  2. ^ Judgement: The Law Relating to War Crimes and Crimes Against Humanity contained in the Avalon Project archive at Yale Law School. The Avalon Project is the name of Yale Law School 's Digital library of Documents relating to Law History and Diplomacy Yale Law School, or YLS, is the Law school of Yale University in New Haven Connecticut. "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"
  3. ^ 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)
  4. ^ Rome Statute, Part I, Article 8.
  5. ^ Interview With History by Oriana Fallaci-
Oriana Fallaci ( 29 June 1929 - 15 September 2006) was an Italian Journalist, Author, and political interviewer

Dictionary

war crime

-noun

  1. a punishable offense, under international law, for violations of the law of war by any person or persons, military or civilian.
© 2009 citizendia.org; parts available under the terms of GNU Free Documentation License, from http://en.wikipedia.org
 Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic