War crimes are serious violations of the laws and customs of armed conflict, which are designed to protect individuals who are not participating in hostilities and to regulate the methods and means of warfare. War crimes can be committed during both international and non-international armed conflicts. These acts are considered to be of grave concern to the international community and are punishable under international law.
The concept of war crimes has evolved over time, with its foundations in customary international law and various treaties, such as the 1907 Hague Conventions and the 1949 Geneva Conventions. The four Geneva Conventions and their Additional Protocols, in particular, provide the most comprehensive legal framework for the protection of victims of armed conflicts, including civilians, wounded and sick combatants, and prisoners of war.
War crimes encompass a wide range of acts, including but not limited to:
1. Intentionally killing civilians or other persons not taking an active part in hostilities.
2. Torturing, inhumanely treating, or causing great suffering or serious injury to individuals in custody or under control.
3. Attacking civilian populations, objects, or infrastructure that are not military objectives.
4. Using prohibited weapons, such as chemical or biological agents.
5. Taking hostages.
6. Attacking protected objects, such as hospitals, cultural property, or religious sites.
7. Using human shields.
8. Mistreating or killing prisoners of war.
9. Forced conscription of children under the age of 15 into armed forces or groups.
10. Sexual violence, including rape and forced prostitution.
The prosecution and punishment of war crimes are essential to uphold international law, deter future violations, and provide justice to the victims. War crimes can be prosecuted in various ways, such as through national courts, international tribunals (e.g., the International Criminal Tribunal for the former Yugoslavia or the International Criminal Tribunal for Rwanda), or the International Criminal Court (ICC).
The ICC, established by the Rome Statute in 2002, has jurisdiction over war crimes, crimes against humanity, [[genocide]], and the crime of aggression. The Court serves as a mechanism to hold individuals accountable for serious violations of international law when national courts are unable or unwilling to prosecute these crimes.