It is essential to understand the nature of war crimes to ensure that those responsible for their commission are held accountable. War crimes violate international law, and those who commit them should be brought to justice. Understanding the nature of war crimes is of critical importance for several reasons. War crimes can cause physical and psychological harm to civilians, lead to increased tension between nations, and result in those responsible for their commission being held accountable. As such, it is essential to understand the nature of war crimes to prevent them from occurring in the first place and to ensure that those responsible for their commission are held accountable for their actions. This chapter explores the complexity of addressing war crimes as a complex global issue by exploring the literature intending to educate others and encourage discourse focused on global community change.
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War crimes are a complex aspect of criminal behavior ranging from violations of international humanitarian law to national and domestic laws. War crimes are “grave breaches of the Geneva Conventions and other serious violations of the laws and customs applicable in armed conflicts not of an international character” (Reed, 2020). The concept of war crimes is broad and can include war crimes that are prosecuted under national and international laws and crimes committed in violation of international humanitarian law. In order to understand the complexity of war crimes, it is essential to understand the different types of war crimes, the legal framework governing war crimes, and the consequences of committing war crimes.
War crimes are defined as the “violation of the law,” but more specifically, they are “as part of a plan or policy or as part of a large-scale commission of such crimes” during wartime (Paust, 1997). War crimes are serious violations of international humanitarian law committed in times of armed conflict and can take many forms, such as genocide and other crimes against humanity, war rape, extrajudicial killings, and torture. War crimes are a significant issue worldwide, as they cause tremendous physical, emotional, social, economic, and political costs to individuals and nations.
The International Criminal Court (ICC) is a permanent court with jurisdiction to prosecute individuals accused of the most serious crimes of international concern (e.g., war crimes, genocide, and crimes against humanity). The ICC was created to address the issues of impunity and lack of accountability for individuals accused of committing war crimes and other serious crimes (International Criminal Court, 2021). As such, the ICC is a critical tool for promoting justice and accountability in the face of international crimes. The prosecution of war crimes is a complex process as it involves understanding the laws of war and international humanitarian law and the context of the conflict in which the crime occurred. International tribunals such as the ICC identify and prosecute individuals accused of war crimes. This process can take several years and requires collecting evidence, testimony, and other information related to the crime. Additionally, these tribunals must consider the legal implications of the crime and decide whether the accused should be tried in a domestic or international court.
Prosecuting war crimes is a complicated process and requires a sophisticated understanding of international law and the context of the conflict. The International Criminal Court has developed a set of Principles of International Criminal Law (PICL) that guide the prosecution of war crimes (International Criminal Court, 2021). This includes principles such as legality, which states that no one may be convicted of a crime unless it is defined by law beforehand, and the principle of proportionality, which states that punishments must be proportional to the gravity of the crime. Prosecuting war crimes is a challenging and complex process, but it is essential for achieving justice and accountability for victims of war crimes. Criminal justice professionals need to understand the laws of war, international humanitarian law, and the principles of international criminal law to prosecute war crimes effectively. Additionally, understanding the context of a conflict is critical for identifying perpetrators and ensuring that justice is served.