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Do not fill this in! ==Definition== [[File:Polish hostages preparing by Nazi Germans for mass execution 1940.jpg|thumb|upright=1.2|A picture taken by the [[Polish Underground]] of [[SS-Reichssicherheitshauptamt|Nazi Secret Police]] rounding up Polish [[intelligentsia]] at [[Palmiry massacre|Palmiry]] near [[Warsaw]] in 1940 for mass execution (''[[AB-Aktion]]'')]] War crimes are serious violations of the rules of customary and treaty law concerning [[international humanitarian law]], criminal offenses for which there is individual responsibility.<ref name="Shaw">{{cite book|last=Shaw|first=M.N|title=International Law|year=2008|publisher=Cambridge University Press|isbn=978-0-521-89929-1|pages=433–434|url=http://www.cambridge.org/978052189929}}{{Dead link|date=July 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> Colloquial definitions of ''war crime'' include 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 peaceful [[flag of truce]], or using that same flag as a ruse to mount an attack on enemy troops. The use of [[chemical weapon|chemical]] and [[Biological agent|biological weapons]] in warfare are also prohibited by [[List of chemical arms control agreements|numerous chemical arms control agreements]] and the [[Biological Weapons Convention]]. Wearing enemy uniforms or civilian clothes to infiltrate enemy lines for [[espionage]] or [[sabotage]] missions is a legitimate [[ruse of war]], though fighting in [[combat]] or [[assassinations|assassinating]] individuals behind enemy lines while so disguised is not, as it constitutes unlawful [[perfidy]].<ref>{{cite book| last = Smith | first = Michael | title = Killer Elite: The Inside Story of America's Most Secret Special Operations Team | publisher = St. Martin's Press | year = 2007 | location = New York, New York| isbn = 978-0-312-36272-0}}</ref><ref>{{cite book | title = Delta Force: The Army's Elite Counterterrorist Unit | author = Beckwith, Charlie A. | author2 = Knox, Donald | publisher = Avon | year = 2003 | isbn = 978-0-380-80939-4 | url = https://archive.org/details/deltaforcearmyse00beck }}</ref><ref>{{cite web| url = http://www.icrc.org/customary-ihl/eng/docs/v2_cou_us_rule65_sectioni| title = United States of America, Practice Relating to Rule 65. Perfidy, Section I. Simulation of civilian status| publisher = [[International Red Cross]]| access-date = September 22, 2013| archive-url = https://web.archive.org/web/20130926100939/http://www.icrc.org/customary-ihl/eng/docs/v2_cou_us_rule65_sectioni| archive-date = September 26, 2013| url-status = live| df = mdy-all}}</ref><ref>{{cite web| url = http://www.icrc.org/customary-ihl/eng/docs/v2_cou_us_rule62| title = United States of America, Practice Relating to Rule 62. Improper Use of Flags or Military Emblems, Insignia or Uniforms of the Adversary| publisher = [[International Red Cross]]| access-date = September 22, 2013| archive-url = https://web.archive.org/web/20130926100942/http://www.icrc.org/customary-ihl/eng/docs/v2_cou_us_rule62| archive-date = September 26, 2013| url-status = live| df = mdy-all}}</ref> Attacking [[Paratrooper|enemy troops while they are being deployed by way of a parachute]] is not a war crime.<ref>{{cite web|website= [[Library of Congress]]|title= Military Legal Resources|url=https://www.loc.gov/rr/frd/Military_Law|archive-url=https://web.archive.org/web/20171218073825/http://www.loc.gov/rr/frd/Military_Law/ |archive-date=December 18, 2017 |url-status=dead}}</ref> Protocol I, Article 42 of the [[Geneva Conventions]] explicitly forbids [[Attacks on parachutists|attacking parachutists who eject from disabled aircraft]] and surrendering parachutists once landed.<ref name="Protocol">''Protocol Additional to the Geneva Conventions of August 12, 1949, and relating to the Protection of Victims of International Armed Conflict'', International Committee of the Red Cross, Geneva, Switzerland.[http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14a77fdc125641e0052b079 (Protocol I)] {{Webarchive|url=https://web.archive.org/web/20081210124556/http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14a77fdc125641e0052b079 |date=December 10, 2008 }}</ref> Article 30 of the 1907 Hague Convention ''IV – The Laws and Customs of War on Land'' explicitly forbids [[belligerent]]s to punish enemy spies without previous [[trial]].<ref>{{cite web |url=http://www.icrc.org/ihl/385ec082b509e76c41256739003e636d/1d1726425f6955aec125641e0038bfd6?OpenDocument |title=Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907. |publisher=[[International Committee of the Red Cross]] |access-date=July 24, 2013 |archive-url=https://web.archive.org/web/20130926100946/http://www.icrc.org/ihl/385ec082b509e76c41256739003e636d/1d1726425f6955aec125641e0038bfd6?OpenDocument |archive-date=September 26, 2013 |url-status=live |df=mdy-all }}</ref> The rule of war, also known as the [[Law of Armed Conflict]], permits belligerents to engage in combat. A war crime occurs when superfluous injury or unnecessary suffering is inflicted upon an enemy.<ref>{{cite journal |title=Injury profile suffered by targets of antipersonnel improvised explosive devices: prospective cohort study. |journal= BMJ Open |year=2017 |pages=e014697 |volume=7 |issue= 7 |doi=10.1136/bmjopen-2016-014697 |pmid=28835410 |pmc=5691184 | last1 = Smith | first1 = S | last2 = Devine | first2 = M | last3 = Taddeo | first3 = J | last4 = McAlister | first4 = VC}}</ref> War crimes also include such acts as mistreatment of [[prisoner of war|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 [[crime against humanity|crimes against humanity]]. In 2008, the [[U.N. Security Council]] adopted [[United Nations Security Council Resolution 1820|Resolution 1820]], which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide"; see also [[wartime sexual violence]].<ref>{{cite web|url=https://www.un.org/News/Press/docs/2008/sc9364.doc.htm|title=Security Council Demands Immediate and Complete Halt to Acts of Sexual Violence|work=United Nations |access-date=June 29, 2017|archive-url=https://web.archive.org/web/20140823231218/http://www.un.org/News/Press/docs/2008/sc9364.doc.htm|archive-date=August 23, 2014|url-status=live|df=mdy-all}}</ref> In 2016, the [[International Criminal Court]] convicted someone of sexual violence for the first time; specifically, they added rape to a war crimes conviction of Congo Vice President [[Jean-Pierre Bemba Gombo]].<ref>{{cite news|url=https://www.washingtonpost.com/world/africa/international-court-adds-rape-to-war-crimes-list-in-congo-conviction/2016/03/21/2e7f4320-ef72-11e5-85a6-2132cf446d0a_story.html|title=In historic ruling, international court cites rape in war crimes conviction of ex-Congo official|author=Kevin Sieff|date=March 21, 2016|newspaper=[[The Washington Post]]|access-date=March 22, 2016|archive-date=November 10, 2021|archive-url=https://web.archive.org/web/20211110030649/https://www.washingtonpost.com/world/africa/international-court-adds-rape-to-war-crimes-list-in-congo-conviction/2016/03/21/2e7f4320-ef72-11e5-85a6-2132cf446d0a_story.html|url-status=live}}</ref> [[File:Soviet soldiers mass grave, German war prisoners concentration camp in Deblin, German-occupied Poland.jpg|thumb|A mass grave of [[German atrocities committed against Soviet prisoners of war|Soviet prisoners of war killed by Germans]] in [[Stalag 307]], [[Deblin]], [[German occupation of Poland|German-occupied Poland]]]] War crimes also included deliberate attacks on [[citizens]] and [[property]] of [[Neutrality (international relations)|neutral states]], such as the Japanese [[attack on Pearl Harbor]]. As the attack on Pearl Harbor happened while the U.S. and Japan were at peace and without a just cause for self-defense, the attack was declared by the [[Tokyo Trials]] to go beyond justification of [[military necessity]] and therefore constituted a war crime.<ref>{{Cite book|title=Responding to International Crime (International Studies in Human Rights) |author=Geoff Gilbert|date=September 30, 2006 |page=358 |publisher=Martinus Nijhoff Publishers |isbn=978-90-04-15276-2}}</ref><ref>{{cite book |title=The Tokyo War Crimes Trial: The Pursuit of Justice in the Wake of World War II |page=57 |author=Yuma Totani |date=April 1, 2009 |publisher=[[Harvard University Asia Center]]}}</ref><ref>{{cite book |title=Understanding International Law |pages=210–229|author-link1=Stephen McCaffrey |author=Stephen C. McCaffrey |date=September 22, 2004 |publisher=[[AuthorHouse]]}}</ref> War crimes are significant in international humanitarian law<ref>{{cite web|url=http://ihl.ihlresearch.org/index.cfm?fuseaction=page.viewpage&pageid=2083|title=The Program for Humanitarian Policy and Conflict Research, "Brief Primer on IHL"|url-status=dead|archive-url=https://web.archive.org/web/20100419104833/http://ihl.ihlresearch.org/index.cfm?fuseaction=page.viewpage&pageid=2083|archive-date=April 19, 2010|df=mdy-all}}</ref> because it is an area where international tribunals such as the [[Nuremberg Trials]] and Tokyo Trials have been convened. Recent examples are the [[International Criminal Tribunal for the former Yugoslavia|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 VIII of the [[United Nations Charter|UN Charter]]. Under the [[Nuremberg Principles]], ''war crimes'' are different from [[crimes against peace]]. Crimes against peace include planning, preparing, initiating, or waging a [[war of aggression]], or a war in violation of international treaties, agreements, or assurances. 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 being 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]]"),<ref>{{cite book|last=Zolo|first=Danilo|title=Victors' Justice: From Nuremberg to Baghdad|publisher=Verso|date=November 2, 2009|isbn=978-1-84467-317-9|url=https://archive.org/details/victorsjusticefr00zolo}}</ref> as some controversies have not been ruled as war crimes. Some examples include the [[Allies of World War II|Allies]]' destruction of [[Axis Powers|Axis]] cities during [[World War II]], such as the [[Bombing of Dresden in World War II|firebombing of Dresden]], the [[Bombing of Tokyo (10 March 1945)|''Operation Meetinghouse'' raid on Tokyo]] (the most destructive single bombing raid in history), and the [[atomic bombings of Hiroshima and Nagasaki]].<ref>{{cite web |url=http://www.wagingpeace.org/articles/2009/11/03_tanaka_falk_lessons.php |title=The Atomic Bombing, The Tokyo War Crimes Tribunal and the Shimoda Case: Lessons for Anti-Nuclear Legal Movements by Yuki Tanaka and Richard Falk |publisher=Wagingpeace.org |access-date=May 2, 2012 |archive-url=https://web.archive.org/web/20120318152421/http://www.wagingpeace.org/articles/2009/11/03_tanaka_falk_lessons.php |archive-date=March 18, 2012 |url-status=dead |df=mdy-all }}</ref> In regard to the [[strategic bombing during World War II]], there was no international treaty or instrument protecting a civilian population specifically from attack by aircraft,<ref name="Gomez">{{cite journal |title=The Law of Air Warfare |journal=International Review of the Red Cross |number=323 |pages=347–363 |date=June 30, 1998 |url=https://www.icrc.org/eng/resources/documents/article/other/57jpcl.htm |access-date=June 21, 2013 |author=Javier Guisández Gómez |archive-url=https://web.archive.org/web/20130403063004/http://www.icrc.org/eng/resources/documents/article/other/57jpcl.htm |archive-date=April 3, 2013 |url-status=live |df=mdy-all }}</ref> therefore the aerial attacks on civilians were not officially war crimes. The Allies at the trials in [[Nuremberg]] and [[Tokyo]] never prosecuted the Germans, including [[Luftwaffe]] commander-in-chief [[Hermann Göring]], for the bombing raids on [[Bombing of Warsaw in World War II|Warsaw]], [[Rotterdam Blitz|Rotterdam]], and British cities during [[the Blitz]] as well as the [[indiscriminate attack]]s on Allied cities with [[V-1 flying bomb]]s and [[V-2 rocket]]s, nor the Japanese for the aerial attacks on crowded Chinese cities.<ref>{{cite book |title=Terror from the Sky: The Bombing of German Cities in World War II |year=2010 |page=167 |publisher=[[Berghahn Books]] |isbn=978-1-84545-844-7 }}</ref> Controversy arose when the Allies re-designated German [[POW]]s (under the protection of the [[Geneva Convention on Prisoners of War (1929)|1929 Geneva Convention on Prisoners of War]]) as [[Disarmed Enemy Forces]] (allegedly unprotected by the 1929 Geneva Convention on Prisoners of War), many of which were then used for [[forced labor]] such as clearing [[Land mine|minefields]].<ref name="Modern History 1994 pp. 487">S. P. MacKenzie "The Treatment of Prisoners of War in World War II" ''The Journal of Modern History'', Vol. 66, No. 3. (Sep. 1994), pp. 487–520.</ref> By December 1945, six months after the war had ended, it was estimated by French authorities that 2,000 German prisoners were still being killed or maimed each month in mine-clearing accidents.<ref name="Modern History 1994 pp. 487"/> The wording of the 1949 [[Third Geneva Convention]] was intentionally altered from that of the 1929 convention so that soldiers who "fall into the power" following surrender or mass capitulation of an enemy are now protected as well as those taken prisoner in the course of fighting.<ref>[[International Committee of the Red Cross|ICRC]] [http://www.icrc.org/ihl.nsf/WebList?ReadForm&id=375&t=com Commentaries on the Convention (III) relative to the Treatment of Prisoners of War] {{Webarchive|url=https://web.archive.org/web/20130404232221/http://www.icrc.org/ihl.nsf/WebList?ReadForm&id=375&t=com |date=April 4, 2013 }} [http://www.icrc.org/ihl.nsf/COM/375-590008?OpenDocument Article 5] {{Webarchive|url=https://web.archive.org/web/20131023025704/http://www.icrc.org/ihl.nsf/COM/375-590008?OpenDocument |date=October 23, 2013 }} "One category of military personnel which was refused the advantages of the Convention in the course of the Second World War comprised German and Japanese troops who fell into enemy hands on the capitulation of their countries in 1945 (6). The German capitulation was both political, involving the dissolution of the Government, and military, whereas the Japanese capitulation was the only military. Moreover, the situation was different since Germany was a party to the 1929 Convention and Japan was not. Nevertheless, the German and Japanese troops were considered as surrendered enemy personnel and were deprived of the protection provided by the 1929 Convention relative to the Treatment of Prisoners of War."</ref><ref>[[International Committee of the Red Cross|ICRC]] [http://www.icrc.org/ihl.nsf/WebList?ReadForm&id=375&t=com Commentaries on the Convention (III) relative to the Treatment of Prisoners of War] {{Webarchive|url=https://web.archive.org/web/20130404232221/http://www.icrc.org/ihl.nsf/WebList?ReadForm&id=375&t=com |date=April 4, 2013 }} [http://www.icrc.org/ihl.nsf/COM/375-590008?OpenDocument Article 5] {{Webarchive|url=https://web.archive.org/web/20131023025704/http://www.icrc.org/ihl.nsf/COM/375-590008?OpenDocument |date=October 23, 2013 }} "Under the present provision, the Convention applies to persons who "fall into the power" of the enemy. This term is also used in the opening sentence of Article 4, replacing the expression "captured" which was used in the 1929 Convention (Article 1). It indicates clearly that the treatment laid down by the Convention applies not only to military personnel taken prisoner in the course of fighting but also to those who fall into the hands of the adversary following surrender or mass capitulation."</ref> === United Nations === The [[United Nations]] defines war crimes as described in Article 8 of the [[Rome statute]], the treaty that established the International Criminal Court:<ref>{{Cite web|title=United Nations Office on Genocide Prevention and the Responsibility to Protect|url=https://www.un.org/en/genocideprevention/war-crimes.shtml|access-date=2021-10-18|website=UN.org|archive-date=November 23, 2020|archive-url=https://web.archive.org/web/20201123050633/https://www.un.org/en/genocideprevention/war-crimes.shtml|url-status=live}}</ref><ref>{{cite web|title=Rome Statute of the International Criminal Court|url=https://legal.un.org/icc/statute/romefra.htm|publisher=UN Treaty Organization|access-date=October 13, 2010|archive-url=https://web.archive.org/web/20131019222421/http://legal.un.org/icc/statute/99_corr/cstatute.htm|archive-date=October 19, 2013|url-status=live|df=mdy-all}}</ref> # Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: #:{{Ordered list |list_style_type=lower-alpha |Willful killing|Torture or inhuman treatment, including biological experiments|Willfully causing great suffering, or serious injury to body or health|Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly|Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power|Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial|Unlawful deportation or transfer or unlawful confinement|Taking of hostages}} # Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law... # In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949...{{efn|applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature}} # Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law...{{efn|applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups}} {{notelist}} Summary: Please note that all contributions to Christianpedia may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here. You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see Christianpedia:Copyrights for details). Do not submit copyrighted work without permission! Cancel Editing help (opens in new window) Discuss this page