War Crimes

A war crime is a serious violation of international humanitarian law (IHL), or the laws of war. War crimes can only be committed, in the context of an internal armed conflict, against “persons taking no active part in the hostilities.” War crimes occur in times of an armed conflict. Crimes against humanity the act need not occur during an armed conflict.

Only acts recognized as “prohibited” can result in a crime against humanity or war crime. A war crime involves a perpetrator committing one of a number of prohibited acts, such as rape or torture.

Some war crimes specify a particular victim within this category, for example children or a civilian population.”

Rome Statute provides the ICC “shall have jurisdiction in respect of war crimes when committed as part of a plan or policy or as part of a large scale commission of such crimes.”

Human rights abuses listed Under Article 8, Section 2 (c) and (e), “War Crimes”

Intentionally attacking a civilian population or individual civilians not taking part in hostilities.

Ordering the displacement of the civilian population.

Destroying or seizing property.

Intentionally attacking buildings dedicated to religion, education, art, science, monuments.

Murder of all kinds; torture, mutilation, cruel treatment.

Enlisting children under fifteen years old into the armed forces or using them actively in hostilities.

Burma 101 - War Crimes