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War crimes

individual act constituting a serious violation of the laws of war

A War crime is a violation of the laws of war that gives rise to individual criminal responsibility, such as intentionally killing civilians or prisoners of war; torture; unnecessarily destroying civilian property; deception by perfidy; raping; pillaging; the conscription of child soldiers; committing genocide or ethnic cleansing; the granting of no quarter , despite surrender; and flouting the legal distinctions of proportionality and military necessity.

It has often been remarked but seldom remembered that war itself is a crime. Yet a war crime is more and other than war. It is an atrocity beyond the usual barbaric bounds of war.~ William Crandell
The reason why the U.S. Government must be prosecuted for its war-crimes against Iraq is that they are so horrific and there are so many of them, and international law crumbles until they become prosecuted and severely punished for what they did. We therefore now have internationally a lawless world (or “World Order”) in which “Might makes right... ~Eric Zuesse
US military video depicting the indiscriminate slaying of over a dozen people in the Iraqi suburb of New Baghdad -- including two Reuters news staff released 5th April 2010 by WikiLeaks & Julian Assange
If the U.S. government had prosecuted Bush administration officials for their war crimes during the “war on terror,” the ICC would not now take jurisdiction. But... Barack Obama... refused to prosecute those implicated in the torture and willful killings of detainees during the Bush administration. ~ Marjorie Cohn

Background and definitions

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  • Even though the prohibition of certain behavior in the conduct of armed conflict can be traced back many centuries, the concept of war crimes developed particularly at the end of the 19th century and beginning of the 20th century, when international humanitarian law, also known as the law of armed conflict, was codified. The Hague Conventions adopted in 1899 and 1907 focus on the prohibition to warring parties to use certain means and methods of warfare. Several other related treaties have been adopted since then. In contrast, the Geneva Convention of 1864 and subsequent Geneva Conventions, notably the four 1949 Geneva Conventions and the two 1977 Additional Protocols, focus on the protection of persons not or no longer taking part in hostilities.
  • War crimes contain two main elements:
  1. A contextual element: “the conduct took place in the context of and was associated with an international/non-international armed conflict”;
  2. A mental element: intent and knowledge both with regards to the individual act and the contextual element.
In contrast to genocide and crimes against humanity, war crimes can be committed against a diversity of victims, either combatants or non-combatants, depending on the type of crime. In international armed conflicts, victims include wounded and sick members of armed forces in the field and at sea, prisoners of war and civilian persons. In the case of non-international armed conflicts, protection is afforded to persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ‘hors de combat’ by sickness, wounds, detention, or any other cause. In both types of conflicts protection is also afforded to medical and religious personnel, humanitarian workers and civil defense staff.
  • Rome Statute of the International Criminal Court Article 8 "War crimes"
For the purpose of this Statute, "war crimes" means:
(a) 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:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health;
(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
  • Rome Statute of the International Criminal Court Article 8 "War crimes"
For the purpose of this Statute, "war crimes" means:...
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;...
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices; ...
(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.


Arranged alphabetically by author or source:
A · B · C · D · E · F · G · H · I · J · K · L · M · N · O · P · Q · R · S · T · U · V · W · X · Y · Z · See also · External links

Quotes

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  • War crimes are only committed by defeated powers. (But as the Nazis learned in 1945, unemployed war criminals can usually find work with the new hegemonic power.)
    • Kevin Carson, "The Iron Fist Behind the Invisible Hand: Capitalism As a State-Guaranteed System of Privilege" (2011)
  • There had been fearful slaughters of soldiers in the First World War, and much of the accumulated treasure of the nations was consumed. Still, apart from the excesses of the Russian Revolution, the main fabric of European civilisation remained erect at the close of the struggle. When the storm and dust of the cannonade passed suddenly away, the nations despite their enmities could still recognise each other as historic racial personalities. The laws of war had on the whole been respected. There was a common professional meeting-ground between military men who had fought one another. Vanquished and victors alike still preserved the semblance of civilised states. A solemn peace was made which, apart from unenforceable financial aspects, conformed to the principles which in the nineteenth century had increasingly regulated the relations of enlightened peoples. The reign of law was proclaimed, and a World Instrument was formed to guard us all, and especially Europe, against a renewed convulsion. In the Second World War every bond between man and man was to perish. Crimes were committed by the Germans, under the Hitlerite domination to which they allowed themselves to be subjected, which find no equal in scale and wickedness with any that have darkened the human record. The wholesale massacre by systematised processes of six or seven millions of men, women, and children in the German execution camps exceeds in horror the rough-and-ready butcheries of Genghis Khan, and in scale reduces them to pigmy proportions. Deliberate extermination of whole populations was contemplated and pursued by both Germany and Russia in the Eastern war. The hideous process of bombarding open cities from the air, once started by the Germans, was repaid twenty-fold by the ever-mounting power of the Allies, and found its culmination in the use of the atomic bombs which obliterated Hiroshima and Nagasaki. We have at length emerged from a scene of material ruin and moral havoc the like of which had never darkened the imagination of former centuries. After all that we suffered and achieved, we find ourselves still confronted with problems and perils not less but far more formidable than those through which we have so narrowly made our way.
  • The verdict finding Manning guilty of Espionage Act offenses, however, sends an ominous warning that could deter future whistle-blowers from exposing government wrongdoing. It’s important to keep in mind that Manning provided information indicating the U.S. had committed war crimes... After WikiLeaks published his documentation of Iraqi torture centers established by the United States, the Iraqi government refused Obama’s request to extend immunity to U.S. soldiers... As a result, Obama had to withdraw U.S. troops from Iraq.
    The American public needed to know the information Manning provided. He revealed evidence of war crimes in the "Collateral Murder" video, which depicts a U.S. Apache attack helicopter crew killing 12 unarmed civilians and wounding two children in Baghdad in 2007. The crew then killed people attempting to rescue the wounded. A U.S. tank drove over one of the bodies, cutting it in half. Those actions constitute war crimes under the Geneva Conventions. The Bush administration waged an illegal war in Iraq in which thousands of people were killed... Yet it is Bradley Manning [and Julian Assange], not the Bush officials... being prosecuted.
  • It has often been remarked but seldom remembered that war itself is a crime. Yet a war crime is more and other than war. It is an atrocity beyond the usual barbaric bounds of war. It is legal definition growing out of custom and tradition supported by every civilized nation in the world including our own. It is an act beyond the pale of acceptable actions even in war. Deliberate killing or torturing of prisoners of war is a war crime. Deliberate destruction without military purpose of civilian communities is a war crime. The use of certain arms and armaments and of gas is a war crime. The forcible relocation of population for any purpose is a war crime. All of these crimes have been committed by the U.S. Government over the past ten years in Indochina. An estimated one million South Vietnamese civilians have been killed because of these war crimes. A good portion of the reported 700,000 National Liberation Front and North Vietnamese soldiers killed have died as a result of these war crimes and no one knows how many North Vietnamese civilians, Cambodian civilians, and Laotian civilians have died as a result of these war crimes.

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What is a war criminal? Was not war itself a crime against God and humanity and, therefore, were not all those who sanctioned, engineered, and conducted wars, war criminals?..in spite of the fact that I hate Hitlerism and its anti-Semitism. England, America and Russia have all of them got their hands dyed more or less red — not merely Germany and Japan. ~ Mahatma Gandhi

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  • Israeli forces’ repeated use of lethal force in the Gaza Strip since March 30, 2018, against Palestinian demonstrators who posed no imminent threat to life may amount to war crimes, Human Rights Watch said today. Israeli forces have killed more than 100 protesters in Gaza and wounded thousands with live ammunition... The killings... highlight the need for the International Criminal Court to open a formal investigation into the situation in Palestine. Third countries should impose targeted sanctions against officials responsible for ongoing serious human rights violations

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  • I would like to talk representing all those veterans and say that several months ago in Detroit we had an investigation at which over 150 honorably discharged, and many very highly decorated, veterans testified to war crimes committed in Southeast Asia. These were not isolated incidents but crimes committed on a day-to-day basis with the full awareness of officers at all levels of command. It's impossible to describe to you exactly what did happen in Detroit -- the emotions in the room and the feelings of the men who were reliving their experiences in Vietnam. But they did. They relived the absolute horror of what this country, in a sense, made them do. They told the stories of times that they had personally raped, cut off ears, cut off heads, taped wires from portable telephones to human genitals and turned up the power, cut off limbs, blown up bodies, randomly shot at civilians, razed villages in the fashion reminiscent of Genghis Khan, shot cattle and dogs for fun, poisoned food stocks, and generally ravaged the countryside of South Vietnam in addition to the normal ravage of war and the normal and very particular ravaging which is done by the applied bombing power of this country.
  • There is no purgatory for war criminals. They go straight to hell, Ambassador .
    • Sergiy Kyslytsya (2022), speaking to Russian Ambassador to the United Nations, Vasily Nebenzya, on 24 February 2022 [1].

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The first instance of a judicial response to atrocity focused on Sir Peter von Hagenbach who was charged with murder and other violations...Von Hagenbach defended himself on the grounds that he was just following orders. ~ Martha Minow (1474 execution of Hagenbach shown)

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This man was innocent...He was walking back to his house, and I shot him in front of his friend and his father... We were all congratulated after we had our first kills... My company commander personally congratulated me...the same individual who had stated that whoever gets their first kill by stabbing them to death will get a four-day pass when we return from Iraq. ~Jon Michael Turner (U.S.M.C.)(13 November 2021)
  • On April 18, 2006, I had my first confirmed killed. This man was innocent. I don’t know his name. I called him “the fat man.” He was walking back to his house, and I shot him in front of his friend and his father. The first round didn’t kill him, after I had hit him up here in his neck area. And afterwards he started screaming and looked right into my eyes. So I looked at my friend, who I was on post with, and I said, “Well, I can’t let that happen.” So I took another shot and took him out. He was then carried away by the rest of his family. It took seven people to carry his body away. We were all congratulated after we had our first kills, and that happened to have been mine. My company commander personally congratulated me, as he did everyone else in our company. This is the same individual who had stated that whoever gets their first kill by stabbing them to death will get a four-day pass when we return from Iraq.

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  • The United States had become a willing co-combatant in a war without any direction or clear end state... there have been a litany of war crimes... in which Saudi planes, using American munitions, bombed a school bus killing dozens of Yemeni schoolchildren. Second, the U.S. government has responded to these crimes with silences that might seem chastened, but in truth must be classified as defiant, given the bureaucratic maneuvering undertaken to obscure the United States’ unthinking complicity both to outsiders and to itself.
  • The reason why the U.S. Government must be prosecuted for its war-crimes against Iraq is that they are so horrific and there are so many of them, and international law crumbles until they become prosecuted and severely punished for what they did. We therefore now have internationally a lawless world (or “World Order”) in which “Might makes right,” and in which there is really no effective international law, at all. This is merely gangster “law,” ruling on an international level...
    The seriousness of this international war crime is not as severe as those of the Nazis were, but nonetheless is comparable to it...
    On 15 March 2018, Medea Benjamin and Nicolas J.S. Davies headlined at Alternet, “The Staggering Death Toll in Iraq” and wrote that “our calculations, using the best information available, show a catastrophic estimate of 2.4 million Iraqi deaths since the 2003 invasion,” and linked to solid evidence, backing up their estimate....
    On 6 February 2020, BusinessInsider bannered “US taxpayers have reportedly paid an average of $8,000 each and over $2 trillion total for the Iraq war alone”, and linked to the academic analysis that supported this estimate. The U.S. regime’s invasive war, which the Bush gang perpetrated against Iraq, was also a crime against the American people (though Iraqis suffered far more from it than we did).

See also

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Wikipedia
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