Crime and Justice Atlas

How Justice Is Served
Sign In
Text size
100%
Theme
Offense

War Crimes

Offenses Against Public Safety and State Security

War crimes are serious violations of the laws and customs of armed conflict, codified principally in the Geneva Conventions and their additional protocols and, for prosecution purposes, in the statutes of international tribunals, covering acts such as deliberately targeting civilians, torture or inhumane treatment of prisoners of war, taking hostages, and using prohibited weapons or tactics during an armed conflict. The category is legally distinguished from genocide and crimes against humanity in that war crimes require a nexus to an actual armed conflict, international or non-international, and generally do not require the specific group-destruction intent that genocide does or the widespread-or-systematic-attack element that crimes against humanity does, though a single set of atrocities can sometimes satisfy the elements of more than one of these international crimes at once. War crimes can be prosecuted by a state's own domestic military or civilian courts, by the courts of another state under principles of universal jurisdiction, or before international bodies such as the International Criminal Court and tribunals established for specific conflicts, reflecting the international community's long-standing position that certain violations of the laws of war are matters of concern to the international legal order generally, not only to the states directly involved. Investigation and prosecution of war crimes typically depend on an extensive body of documentary evidence, witness and survivor testimony, and forensic evidence, including forensic archaeology and pathology used to investigate mass graves and other physical evidence of atrocities, and the field remains a central subject of international criminal law and conflict-related criminology.

Facts
Classification Code
War crimes are codified under Article 8 of the Rome Statute of the International Criminal Court, defined as grave breaches of the Geneva Conventions of August 12, 1949 committed against persons or property protected under those conventions, alongside other serious violations of the laws and customs of war. 1
Elements of Offense
War crimes include intentionally killing civilians, torture, taking hostages, unnecessary destruction of civilian property, perfidy, wartime sexual violence, pillaging, denial of quarter to surrendering combatants, conscription of child soldiers, and violations of the principles of distinction, proportionality and military necessity. 1
Notable Example
The Nuremberg trials, conducted under the London Charter of August 8, 1945, were the first major international tribunal to prosecute individuals for war crimes, alongside the newly defined crimes against peace and crimes against humanity, following the Second World War. 1
Jurisdiction Variation
War crimes have been prosecuted through varied jurisdictional mechanisms: post-war tribunals at Nuremberg and Tokyo, ad hoc UN Security Council tribunals such as the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, and the permanent International Criminal Court established under the Rome Statute. 1
Classification
Offense Grade
Serious or Indictable Offense 1
Connections

Associated With

Source Wikipedia: War Crime
Genocide, Offenses
Source Wikipedia: War Crime
In the Other Atlases
Sources
1. War Crimes (Wikipedia)
Wikipedia
  • lead paragraph, first sentence
    A war crime is a serious violation of the laws and customs applicable in armed conflict, known as international humanitarian law (IHL) and the law of war, which gives rise to criminal responsibility under international law.
  • Rome Statute section, Article 8 definition
    Article 8 of the Rome Statute of the International Criminal Court defines war crimes as: Grave breaches of the Geneva Conventions of August 12, 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
  • Lead section, qualifying acts
    Examples of actions committed by combatants in the conduct of war that can give rise to individual criminal responsibility include, but are not limited to: intentionally killing civilians, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, the granting of no quarter despite surrender, the conscription of children in the military, ordering any attempt to commit mass killings (including genocide or ethnic cleansing), and flouting the requirements of distinction, proportionality and military necessity.
  • International tribunals section, ad hoc tribunals
    Recent examples are the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, which were established by the Security Council acting under Chapter VIII of the UN Charter.
  • Nuremberg trials 1945 section
    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 (see Nuremberg principles).
View the Source
Wikipedia: War Crime
  • Associated With: Genocide, Definition section, International Humanitarian Law
    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.
  • Associated With: Crimes Against Humanity, Definition section, International Humanitarian Law
    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.
View the Source
Comments (0)
No comments yet. Be the first to share a thought.
Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.