A war crime is a serious violation of international humanitarian law committed during armed conflict. It encompasses acts that are prohibited by international treaties and conventions, including the Geneva Conventions and the Rome Statute of the International Criminal Court.
To be liable for a war crime, the victim must be protected under the Geneva Conventions. GC I, II, and III apply to soldiers, while GC IV applies to civilians and “unlawful combatants.”
The following acts are war crimes under Rome Statute Article 8:
- Wilful killing;
- Torture or inhuman treatment, including biological experiments;
- Wilfully 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;
- Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
- Unlawful deportation and transfer or unlawful confinement;
- Taking of hostages.
Prosecution for war crimes requires the existence of an armed conflict and that the perpetrator was aware of the conflict (ICC, Elements of Crimes, § 8).
In the context of command responsibility, the ICC will use an “overall control test,” which requires that the defendant have “a role in organizing, coordinating or planning the military actions of the military group, in addition to financing, training and equipping the group or providing operational support to it” (ICC, Lubanga, Confirmation of Charges, § 211 p. 12).
[Last updated in July of 2024 by the Wex Definitions Team]
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