War crimes are violations of the laws of warfare and armed conflict. They are punishable by international courts and tribunals, such as the International Criminal Court (ICC), the United Nations Court of Justice (ICJ) and special ad hoc tribunals. International humanitarian law and treaties, such as the Lieber Code (1863), Hague Conventions of 1899 and 1907, and the Rome Statute of the ICC, set out the rules that determine whether an act is a war crime.
During an armed conflict, war crimes can include willful killing; torture and other cruel treatment or punishment of persons who have no direct involvement in hostilities, including those who have laid down their arms; extensive destruction and appropriation of property not justified by military necessity; and attacks against the sick, wounded or shipwrecked, prisoners of war and detainees, civilians or civilian objects. In addition, there are the command responsibility elements of a war crime under the ICC statute, which require that the accused had a role in directing, planning and coordinating military operations or providing overall control of a group involved in a war crime.
Many individuals and countries commit war crimes, but the perpetrators are rarely punished. This impunity gives a dangerous moral license for warring countries to disregard international rules and impose brutality on their opponents. Fortunately, there are ways to prevent war crimes, starting with more education and training on the laws of war. It’s also important to remember that preventing war crimes is not just about educating people, but about changing attitudes.
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