The Rome Statute of the ICC expanded the list of crimes constituting war crimes. For example, the law recognizes forced pregnancies as war crimes. Unlike genocide and crimes against humanity, war crimes must take place in the context of armed conflict. Around the world, civilians are attacked and killed in armed conflict. When do such attacks constitute war crimes? The Japanese defendants accused of war crimes were indicted by the International Military Tribunal for the Far East, created by a charter of U.S. Army General Douglas MacArthur. The so-called Tokyo Charter was closely based on the Nuremberg Charter. The studies were conducted in English and Japanese and lasted nearly two years. Of the 25 Japanese defendants (all convicted), 7 were sentenced to hanging, 16 to life imprisonment and 2 to lighter sentences.
With the exception of those who died prematurely in prison of natural causes, none of the imprisoned Japanese war criminals served life sentences. Instead, until 1958, the remaining prisoners were pardoned or pardoned. Despite the near-universal ratification of the Geneva Conventions, war crimes often go unpunished. On 1 July 2002, the International Criminal Court, a conventional tribunal based in The Hague, was established to prosecute war crimes committed from that date. Several countries, including the United States, China, Russia and Israel, have criticized the court. The United States continues to participate as an observer. Article 12 of the Rome Statute provides for jurisdiction over citizens of States not Parties when they are accused of having committed crimes in the territory of a State Party. [8] The three main pillars of humanitarian law are the principles of distinction, proportionality and preparedness.
If some or all of these principles are violated, it could be established that a war crime has been committed. The term war crime was difficult to define precisely, and its use has continued to evolve, particularly since the end of the First World War. The first systematic attempt to define a wide range of war crimes was the Instructions for the Government of the United States Armies in the Field – also known as the « Lieber Code » after its principal author, Francis Lieber – issued by U.S. President Abraham Lincoln during the American Civil War and distributed to Union military personnel in 1863. For example, the Lieber Code stated that it was a « grave violation of the laws of war to compel the enemy`s subjects to serve the victorious government » and prohibited « gratuitous violence against persons in the invaded country, » including rape, mutilation, and murder, all of which carry the death penalty. More recently, definitions of war crimes have been codified in international law, such as the establishment of the International Criminal Court and war crimes tribunals in Yugoslavia and Rwanda, for use in international war crimes tribunals. Unlike previous definitions, modern definitions are broader and criminalize certain conduct committed by civilians and military personnel. A war crime occurs when unnecessary injury or suffering is inflicted on an enemy. Despite the outrage caused by the bombing of a school or a television station in a country, such acts do not necessarily constitute war crimes. Such bombing will only be a war crime if the number of civilian casualties from the attack is excessive in relation to the military advantage gained from the attack. The trial of Peter von Hagenbach by an ad hoc tribunal of the Holy Roman Empire in 1474 was the first « international » trial for war crimes and also the responsibility of the orders.
[2] [3] He was convicted and beheaded for crimes he « had to prevent as a knight, » although he maintained that he « obeyed only orders. » According to the Nuremberg Principles, war crimes are distinct from crimes against peace. Crimes against peace include planning, preparing, initiating or conducting a war of aggression or a war in violation of international treaties, agreements or assurances. Since the definition of « state of war » can be controversial, the term « war crime » itself has been used differently in different systems of international and military law. It has some application outside of what some might consider a « state of war, » but in areas where conflict persists enough to constitute social instability. War crimes are important in international humanitarian law,[31] as international tribunals such as the Nuremberg trials and the Tokyo trials have been convened there. Recent examples include the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, established by the United Nations Security Council under Chapter VIII of the Charter of the United Nations.