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CrimesWar crimes 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 flag of truce, or using that same flag as a ruse of war to mount an attack. 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. [1] 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.
Under the Nuremberg Principles, the supreme international crime is that of commencing a war of aggression, because it is the crime from which all war crimes follow. The definition of such a crime is planning, preparing, initiating, or waging a war of aggression, or a war in violation of international treaties, agreements, or assurances. Also, participating in a common plan or conspiracy for the accomplishment of any such act constitutes such a crime. International Criminal CourtOn 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. However, several nations, most notably the United States, China, and Israel, have criticized the court, refused to participate in it or permit the court to have jurisdiction over their citizens. 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. DefinitionWar crimes are defined in the statute that established the International Criminal Court, which includes:
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" [2] Prominent indicteesTo date, the former heads of state and heads of government that have been charged with war crimes include Karl Dönitz of Germany and Prime Minister Hideki Tojo of Japan. Former Yugoslav President Slobodan Milošević was brought to trial for war crimes, but died in custody before the trial could be concluded in March 11, 2006. Former Liberian President Charles G. Taylor was also brought to the Hague for charging war crimes and his trial is provisionally schedule to begin on April 2, 2007. AmbiguityThe Geneva Conventions are a treaty that represent a legal basis for International Law with regard to conduct of warfare. 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. In determining the legality of acts committed during war, favoritism toward states that were winners in wars has sometimes been alleged, and it is sometimes stated: "History is winners' history", since certain actions perpetrated by states that were the "winners" have not been ruled as war crimes. Some examples include the Allied destruction of civilian targets through the use of atomic bombs on Hiroshima and Nagasaki and mass firebombing attacks on Axis cities such as Tokyo, Kobe, and Dresden in World War II[citation needed]. Others cite the Indonesian occupation of East Timor between 1976 and 1999. In areas where International Law is yet unresolved, some ambiguity remains with regard to which crimes are considered as such and which are not. See also
Further reading
Footnotes
cs:Válečné zločiny da:Krigsforbrydelse de:Kriegsverbrechen et:Sõjakuritegu el:Έγκλημα πολέμου es:Crimen de guerra eo:Militkrimo fr:Crime de guerre ko:전쟁 범죄 id:Kejahatan perang it:Crimine di guerra he:פשע מלחמה lt:Karo nusikaltimai nl:Oorlogsmisdaad ja:戦争犯罪 no:Krigsforbrytelse pl:Zbrodnie wojenne pt:Crime de guerra ru:Военное преступление simple:War crime sl:Vojni zločin sr:Ратни злочини fi:Sotarikos sv:Brott mot krigets lagar tr:Savaş suçu ur:جنگی جرائم zh:战争罪
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