- War crime
War crimes are "violations of the laws or customs of war", including but not limited to "murder, the ill-treatment or deportation of civilian residents of an occupied territory to slave
labor camps", "the murder or ill-treatment of prisoners of war", the killing of hostages, "the wanton destruction of cities, towns and villages, and any devastation not justified by military necessity" Nicolas Werth, Karel Bartošek, Jean-Louis Panné, Jean-Louis Margolin, Andrzej Paczkowski, Stéphane Courtois, " The Black Book of Communism: Crimes, Terror, Repression", Harvard University Press, 1999, hardcover, 858 pages, ISBN 0-674-07608-7, page 5. ]
War crimes such as
perfidyhave existed for many centuries as customary law between civilised countries. Many of these customary laws were clarified in the Hague Conventions of 1899 and 1907. The modern concept of war crime was further developed under the auspices of the Nuremberg Trials based on the definition in the London Charterthat was published on August 8, 1945. Along with war crimes the charter also defined crimes against peaceand crimes against humanity, which are often committed during wars and in concert with war crimes, but are different offenses under international law.
Article 22 of the Hague IV ("Laws of War: Laws and Customs of War on Land (Hague IV); October 18, 1907") states that "The right of belligerents to adopt means of injuring the enemy is not unlimited" and over the last century many other treaties have introduced positive laws that place constraints on belligerents (see
International treaties on the laws of war). Some of the provisions, such as those in the Hague conventions, are considered to be part of customary international law, and are binding on all. [ [http://www.yale.edu/lawweb/avalon/imt/proc/judlawre.htm Judgement: The Law Relating to War Crimes and Crimes Against Humanity] contained in the Avalon Projectarchive at Yale Law School. "but by 1939 these rules laid down in the [Hague] Convention [of 1907] were recognised by all civilized nations, and were regarded as being declaratory of the laws and customs of war"] Others are only binding on individuals if the belligerent power to which they belong is a party to the treaty which introduced the constraint.
War crimes includes violations of established protections of the "laws of war", but also include failures to adhere to norms of procedure and rules of
battle, such as attacking those displaying a flag of truce, or using that same flag as a ruse of warto mount an attack. Attacking enemy troops while they are being deployed by way of a parachute is not a war crime. However, Protocol I, Article 42 of the Geneva Conventionsexplicitly forbids attacking parachutists who eject from damaged airplanes, and surrendering parachutists once landed. ["Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflict", International Committee of the Red Cross, Geneva, Switzerland. [http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14a77fdc125641e0052b079 (Protocol I)] ] War crimes include such acts as mistreatment of prisoners of war or civilians. War crimes are sometimes part of instances of mass murderand genocidethough these crimes are more broadly covered under international humanitarian lawdescribed as crimes against humanity.
War crimes are significant in international
humanitarianlaw because it is an area where international tribunals such as the Nuremberg Trialsand Tokyo trialshave been convened. Recent examples are the International Criminal Tribunal for the Former Yugoslaviaand the International Criminal Tribunal for Rwanda, which were established by the UN Security Councilacting under Chapter VII of the UN Charter.
Nuremberg Principles, "war crimes" are different from crimes against peacewhich is planning, preparing, initiating, or waging a war of aggression, or a war in violation of international treaties, agreements, or assurances.
International Criminal Court
July 1, 2002, the International Criminal Court, a treaty-based court located in The Hague, came into being for the prosecution of war crimes committed on or after that date. However, several nations, most notably the United States, China, and Israel, have criticized the court and refuse to participate in it or to permit the court to have jurisdiction over their citizens. Note, however, that a citizen of one of the 'objector nations' could still find himself before the Court if he were accused of committing war crimes in a country that was a state party, regardless of the fact that their country of origin was not a signatory.
War crimes are defined in the statute that established the International Criminal Court, which includes:
#Grave breaches of the Geneva Conventions, such as:
##Willful killing, or causing great suffering or serious injury to body or health
Tortureor inhumane treatment
##Unlawful wanton destruction or appropriation of property
prisoner of warto serve in the forces of a hostile power
##Depriving a prisoner of war of a
deportation, confinement or transfer
#The following acts as part of an international conflict:
##Directing attacks against civilians
##Directing attacks against
humanitarianworkers or UN peacekeepers
##Killing a surrendered combatant
##Misusing a flag of truce
##Settlement of occupied territory
##Deportation of inhabitants of occupied territory
##Using poison weapons
##Using civilians as shields
##Using child soldiers
#The following acts as part of a non-international conflict:
Murder, cruel or degrading treatment and torture
##Directing attacks against civilians, humanitarian workers or UN peacekeepers
Rape, sexual slavery, forced prostitution or forced pregnancy
However the court only has jurisdiction over these crimes where they are "part of a plan or policy or as part of a large-scale commission of such crimes" [ [http://www.un.org/law/icc/statute/romefra.htm Rome Statute, Part I, Article 8.] ]
;Heads of state & governmentTo date, the former heads of state and heads of government that have been charged with war crimes include:
*President of Nazi Germany
Großadmiral Karl Dönitzand Prime Minister General Hideki Tojoof the Empire of Japanin the aftermath of World War II.
*Former Yugoslav President
Slobodan Miloševićwas brought to trial for war crimes and genocide, but died in custody on March 11, 2006, before the trial could be concluded.
*Former Liberian President Charles G. Taylor was also brought to the Hague charged with war crimes; his trial was provisionally scheduled to begin in
April 2007, but was postponed until June 2007to allow the defense more time to prepare, and is now ongoing.
*Former Bosnian Serb President
;Other prominent indictees
Hermann Göring- Reichsmarschall, Commander in Chief of the Luftwaffe(German Air Force) and designated successor to Adolf Hitler(until 1945)
Ernst Kaltenbrunner- highest ranking SSleader to face trial.
Adolf Eichmann- senior member of the SSand the "the architect of the Holocaust"
Wilhelm Keitel- Generalfeldmarschall, head of the Oberkommando der Wehrmacht(High Command of the Armed Forces)
Erich Raeder- Großadmiral, Commander in Chief of the Kriegsmarinefrom 1928 until his retirement in 1943
Geneva Conventionsare a treaty that represent a legal basis for International Law with regard to conduct of warfare. Not all nations are signatories to the GC, and as such retain different codes and values with regard to wartime conduct. Some signatories have routinely violated the Geneva Conventions in a way which either uses the ambiguities of law or political maneuvering to sidestep the laws' formalities and principles.
Because the definition of a state of "war" may be debated, the term "war crime" itself has seen different usage under different systems of international and military law. It has some degree of application outside of what some may consider to be a state of "war," but in areas where conflicts persist enough to constitute social instability. The legalities of war have sometimes been accused of containing favoritism toward the winners ("
Victor's justice"), as certain controversies have not been ruled as war crimes. Some examples include the Allies' destruction of civilian Axis targets during World War Iand World War II(the firebombing of the German city of Dresdenis one such example), the use of atomic bombs on Hiroshimaand Nagasaki in World War II; the use of Agent Orangeagainst civilian targets in the Vietnam war; the mass killing of Biharies by Kader Siddique and Mukti Bahini [Interview With History by Oriana Fallaci-] before or after victory of Bangladesh Liberation Warin Bangladesh between 1971 and 1972; and the Indonesian occupation of East Timorbetween 1976 and 1999.
Another example is the Allied re-designation of German
POWs (under the protection of the Geneva conventions) into Disarmed Enemy Forces(allegedly unprotected by the Geneva conventions), many of which then were used for forced laborsuch as clearing minefields. By December 1945 it was estimated by French authorities that 2,000 German prisoners were being killed or maimed each month in mine-clearing accidents. [ S. P. MacKenzie "The Treatment of Prisoners of War in World War II" The Journal of Modern History, Vol. 66, No. 3. (Sep., 1994), pp. 487-520.]
In areas where International Law is yet unresolved, some ambiguity remains with regard to which crimes are considered as such and which are not.
Historically, the punishment for committing war crimes was
capital punishment, but in many cases, war criminals were sent to national prisons to live out the rest of their lives. At the modern international tribunals, capital punishment is banned, and conviction results in a sentence for a term of years. The convicted person serves his or her sentence in a national prison system, whose country has agreed with the tribunal to effect execution of sentence.
List of war crimes
Allied war crimes during World War II
German war crimes
War crimes of the Wehrmacht
Soviet war crimes
Japanese war crimes
*1902 Lodge Committee investigating Philippine-American war crimes
1971 Bangladesh atrocities
*Ottoman war crimes
Laws of war
War Crimes Law (Belgium)
*Russell Vietnam War Crimes Tribunal - 1967
The International Criminal Court and the 2003 invasion of Iraq
Special Court for Sierra Leone
Crimes against humanity
*NKVD massacres of prisoners
Consequences of German Nazism
Cases before the International Criminal Court
Movement to impeach George W. Bush
* Mark Santillen "My Life with Pietro Koch - The history of the beast of Frascati". Gunther edition , Rome 2007
* Aryeh Neier, "War Crimes: Brutality, Genocide, Terror and the Search for Justice". New York: Times Books & Random House, 1998.
* Fabio Maniscalco, "World Heritage and War", monographic collection "Mediterraneum", vol. 6, Naples: Massa Publisher, 2007.
* [http://www.warcrimes.info/ Documents and Resources on War, War Crimes and Genocide]
* [http://www.iraqispecialtribunal.org/en/home.htm Iraqi Special Tribunal]
* [http://www.crimesofwar.org Crimes of War Project]
* [http://www.un.org/law/icc/ Rome Treaty of the International Criminal Court]
* [http://www.sc-sl.org/ Special Court for Sierra Leone]
* [http://www.un.org/icty/ UN International Criminal Tribunal for the former Yugoslavia]
* [http://findingkaradzic.blogspot.com/ Weblog about the hunt for indicted warcriminals in the Former Yugoslavia]
* [http://web.tiscali.it/osservatoriobc/ Web page about the war crimes against cultural property]
* [http://www.ictr.org/ UN International Criminal Tribunal for Rwanda]
* [http://www.globalpolicy.org/intljustice/etimorindx.htm Ad-Hoc Court for East Timor]
* [http://archives.cbc.ca/IDD-1-71-1435/conflict_war/war_criminals/ CBC Digital Archives -Fleeing Justice: War Criminals in Canada]
* [http://today.reuters.com/News/newsArticle.aspx?type=topNews&storyID=2006-07-03T182459Z_01_L20719326_RTRUKOC_0_US-IRAQ.xml USArmy Crimes in Iraq]
Interview with Historyby Oriana Fallaci- Allegation against Mass killing of Kader Siddique to Sheikh Muzibur Rahaman in his interview.
* [http://www.cambodiatribunal.org/ Cambodia Tribunal Monitor]
* [http://www.crimesofwar.org/thebook/quarter-giving-no.html War Crimes in Sri Lanka:Quarter, Giving No By John Burns]
* [http://www.youtube.com/watch?v=Y3cx5pciVWM Video: War Criminals Balkans]
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См. также в других словарях:
war crime — war criminal. Usually, war crimes. crimes committed against an enemy, prisoners of war, or subjects in wartime that violate international agreements or, as in the case of genocide, are offenses against humanity. [1940 45] * * * Any violation of… … Universalium
war crime — n: an act committed usu. during an international war for which individual criminal liability will be imposed by a domestic or international tribunal; specif: a violation of the laws or customs of war as embodied or recognized by international… … Law dictionary
war crime — war ,crime noun count the crime of killing or harming people during a war for reasons that are not allowed by international laws about war ╾ war ,criminal noun count … Usage of the words and phrases in modern English
war crime — n. any crime in violation of international law or accepted laws of war or of assumed norms of humane behavior, committed in connection with a war as by a member of a belligerent nation s military forces or government war criminal n … English World dictionary
war crime — n [C usually plural] a cruel act done during a war which is illegal under international law ▪ He was put on trial for war crimes. ▪ an international war crimes tribunal (=court judging war crimes) >war criminal n … Dictionary of contemporary English
war crime — war′ crime n. mil gov Usually, war crimes. crimes committed against an enemy, prisoners of war, or subjects in wartime that violate international agreements or, as in the case of genocide, are offenses against humanity • Etymology: 1940–45 war′… … From formal English to slang
war crime — ► NOUN ▪ an action carried out during the conduct of a war that violates accepted international rules of war … English terms dictionary
war crime — noun a crime committed in wartime; violation of rules of war (Freq. 1) • Hypernyms: ↑crime, ↑offense, ↑criminal offense, ↑criminal offence, ↑offence, ↑law breaking * * * noun : a crime … Useful english dictionary
war crime — UK / US noun [countable] Word forms war crime : singular war crime plural war crimes the crime of killing or harming people during a war for reasons that are not allowed by international laws about war Derived word: war criminal noun countable… … English dictionary
war crime — n. 1) to commit a war crime 2) to prosecute war crimes * * * [ wɔːkraɪm] to commit a war crime to prosecute war crimes … Combinatory dictionary