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| War Crimes |
A war crime is a serious violation of the laws applicable in armed conflict (also known as international humanitarian law) giving rise to individual criminal responsibility. Examples of war crimes include "murder, the ill-treatment or deportation of civilian residents of an occupied territory to slavelabor camps," "the murder or ill-treatment of prisoners of war," the killing of prisoners, "the wanton destruction of cities, towns and villages, and any devastation not justified by military, or civilian necessity."[1]
Similar concepts, such as perfidy, have existed for many centuries as customs between civilized countries, but these customs were first codified as international law in the Hague Conventions of 1899 and 1907. The modern concept of a war crime was further developed under the auspices of theNuremberg Trials based on the definition in the London Charter that was published on August 8, 1945. (Also see Nuremberg Principles.) 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.
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"[2] 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, the Geneva, and Genocide Conventions, are considered to be part of customary international law, and are binding on all.[3][4] Others are only binding on individuals if the belligerent power to which they belong is a party to the treaty which introduced the constraint.
History
Early example
The trial of Peter von Hagenbach by an ad hoc tribunal of the Holy Roman Empire in 1474, was the first "international" war crimes trial, and also of command responsibility.[6][7] He was convicted and beheaded for crimes that "he as a knight was deemed to have a duty to prevent", although he had argued that he was only "following orders".
Hague Conventions
Main article: Hague Conventions (1899 and 1907)
The Hague Conventions were international treaties negotiated at the First and Second Peace Conferences at The Hague, Netherlands in 1899 and 1907, respectively, and were, along with the First and Second Geneva Conventions (1864 and 1909), among the first formal statements of the laws of war and war crimes in the nascent body of secular international law.
Geneva Conventions
The Geneva Conventions are four related treaties adopted and continuously expanded from 1864 to 1949 that represent a legal basis and framework for the conduct of war under international law. Every single member state of the United Nations has currently ratified the conventions, which are universally accepted as customary international law, applicable to every situation of armed conflict in the world. However, the Additional Protocols to the Geneva Conventions adopted in 1977 containing the most pertinent, detailed and virulent protections of international humanitarian law for persons and objects in modern warfare are still not ratified by a number of States continuously engaged in armed conflicts, namely the United States, Israel, India, Pakistan, Iraq, Iran, and others. Accordingly, states 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.
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