Before, the simplest way to settle a dispute was to overpower the opposing party. Whoever overpowers the other gets to impose his terms and conditions. India is in a similar situation, with China attempting to overpower it on its northern borders. It was considered a difficult process. There was no need for courts, arbitration, conciliation, or mediation at the time..

There are many examples of wars between two or more nations over minor issues that could have been resolved through simple talks between the leaders. Millions of lives could have been saved, but there was no concept of war crimes or human rights at the time.

Thousands of soldiers were injured and died as a result of these wars. The soldiers who survived were also held as prisoners of war, where they were later killed or put the person in prison for a lifetime. Both civilians and members of the armed forces were targeted. Millions of civilians were raped, murdered, or used in human experiments, etc.

In this article, we will discuss war crime and the measures that have been taken to combat it. What laws and legal rules protect civilians, soldiers, and others who are injured, and so on.

How does one define a war crime? 

A war crime is defined as an act committed during an armed conflict that violates international humanitarian laws intended to protect civilians. The definition established by the International Criminal Court’s Rome Statute listed actions that can be prosecuted as war crimes, such as willful killings, torture, and intentional attacks on civilians.

Point of Focus

• Atrocities or offences against persons or property, constituting violations of the laws or customs of war
• murder, ill-treatment, or deportation to slave labour or for any other purpose of the civilian population in occupied territory
• murder or ill-treatment of prisoners of war or persons on the seas
• killing of hostages
• torture or inhuman treatment, including biological experiments
• plunder of public or private property
• wanton destruction of cities, towns, or villages
• devastation not justified by military necessity

What are the rules made up by international humanitarian law?

There are some principal points of international humanitarian law that make up the rules of war, which aim to protect people no longer or not taking part in hostilities. 

• The civilians can not be attacked as the impact of warfare on them should be limited. 
• The detainees must not be tortured or face inhumane treatment. 
• Hospitals and aid workers should not be attacked. 
• Civilians should be given safe passage to flee. 
• Humanitarian organizations should be provided access.
• There should not be unnecessary or excessive loss and suffering.

Principles of War Crimes

There are three principles of war crime

• Principle of proportionality- It invalidates all those military objectives as legal for which the proportion of casualties of civilians is too high.
• Principle of Distinction -The Principle of distinction dictates that the involved parties must launch military operations only after understanding the thorough and clear distinction between combatants and civilians.
• Principle of precaution -It mandates the parties to always take active efforts to ensure the safety of innocent civilians.

if any  or all principles are found to be violented is called a “war crime” by the jurists

Who Started The Concept of Humanitarian Laws?

When the war between France and Austria began, Henry Dunant was present in Italy. He witnessed the entire war and witnessed the soldiers’ atrocities. He wrote a book called ‘The Memory of Solferino,’ in which he described the Solferino War and the concept of an organization that cares for wounded soldiers. Later he started the organization called Red cross.

This book sparked a worldwide debate about humanitarian laws and war crimes. The concept spread throughout Europe, and many leaders came together to work on the Geneva Convention. For his work on humanitarian laws, he received the first Nobel Peace Prize.

Geneva Convention

The Geneva convention is a set of four treaties and three protocols. These are the golden laws of humanitarian treatment of soldiers in war. Before the Geneva Convention came into place there used to be no limits on the treatment of humans in the war. The timeline of the progress of these golden laws is:

• The first Geneva convention held in 1864 laid laws on the care and protection of the affected soldiers on land.
• The second Geneva convention held in 1906 laid laws on the care and protection of soldiers at sea.
• The third Geneva convention held in 1929 laid laws on the treatment of prisoners of war.
• The fourth Geneva convention held in 1949 laid laws on the protection of civilians during wartime. It includes all the relief workers including doctors. 

The Geneva Convention came into force in 1949 after World war II. It was accepted by most nations. As we know, the law is a forever evolving concept therefore with the evolving world, the international community felt the need to add a few protocols to the Geneva Conventions. The timeline for incorporating additional protocols is-

• Additional protocol I was added in 1977 which laid laws related to the victims of international war.
• Additional protocol II was also added in 1977 which laid laws related to the protection of non-international armed conflicts.
• Additional protocol III was added in 2005 which laid the foundation of an organization named red crystal.

Genocide

After the whole world saw the atrocities committed by humans on humans in world war II, the general assembly came with ‘CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE-1948.’ 

The important articles under this convention are-

• Article I states that genocide whether committed in peace or in wartime. It is an international crime. The nations must prevent it or punish the culprit.
• Article II defines the term genocide. Any act was done to destroy or with an intention to destroy a national, ethnical, racial, or religious group, as such:

• Killing members of any group.
• Causing serious bodily injury or any mental harm to members of the group.
• Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.
• Imposing measures intended to prevent births within the group.
• Forcibly transferring children of the group to another group.
• Article III provides the list of the acts that shall be punishable are-
  • Genocide;
  • Conspiracy to commit genocide;
  • Direct and public incitement to commit genocide;
  • Complicity in genocide;
  • Attempt to commit genocide.
• Article IV of the convention states that any person committing the genocide will be punishable.
• Article V of the convention states that the contracting parties will enact the laws in their nation to punish the guilty people.
• Article VI states that people who commit the act of genocide will be tried by the competent tribunal of the respective state or by the international tribunal.

PUNISHMENT FOR WAR CRIMES

War crimes, which are often referred to as crimes against humanity, are violations of the customs or laws of warfare such as willful killings, torture, and intentional attacks on civilians.

Most war crimes are now punishable by death or long-term imprisonment. Any instance of a war crime must be reported to the International Criminal Court to receive one of these sentences (ICC). The International Criminal Court (ICC) was established on July 1, 2002, to bring war criminals to justice. The court’s authority is based on a treaty, and it is supported by 108 different countries. 

Before a case can be heard at the ICC, a few conditions must be met. The crime must fall under one of the categories over which the court has jurisdiction. Genocide, war crimes, and crimes against humanity are examples of such offences. These are broad topics that can cover a wide range of offences. But, any act of terrorism is specifically excluded.

 Military personnel from non-participating territories cannot be tried for any war crimes they may have committed because only countries that have agreed to and signed the ICC treaty are expected to abide by the court’s authority. Crimes that are eligible for hearing by the ICC must have occurred after the court’s official establishment date. There will be no consideration of events that occurred before that date. War crimes that meet all the criteria for an ICC hearing may be brought to trial so that a decision on how to punish the guilty parties can be made. 

International Criminal Court

On 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. Several nations, most notably the United States, China, Russia, and Israel, have criticized the court. The United States still participates as an observer. Article 12 of the Rome Statute provides jurisdiction over the citizens of non-contracting states if they are accused of committing crimes in the territory of one of the state parties.

War crimes are defined in the statute that established the International Criminal Court, which includes:

1. Grave breaches of the Geneva Conventions, such as:

1. Willful killing, or causing great suffering or serious injury to body or health
2. Torture or inhumane treatment
3. Unlawful wanton destruction or appropriation of property
4. Forcing a prisoner of war to serve in the forces of a hostile power
5. Depriving a prisoner of war of a fair trial
6. Unlawful deportation, confinement or transfer
7. Taking hostages
8. Directing attacks against civilians
9. Directing attacks against humanitarian workers or UN peacekeepers
10. Killing a surrendered combatant
11. Misusing a flag of truce
12. Settlement of occupied territory
13. Deportation of inhabitants of occupied territory
14. Using poison weapons
15. Using civilians as shields
16. Using child soldiers
17. Firing upon a Combat Medic with clear insignia.

2. The following acts as part of a non-international conflict:

1. Murder, cruel or degrading treatment, and torture
2. Directing attacks against civilians, humanitarian workers, or UN peacekeepers

 3 . The following acts as part of an international

1. Taking hostages
2. Summary execution
3. Pillage
4. 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“

What Are Examples of War Crimes?

War crimes are defined by the United States and the International Criminal Court as any conduct prohibited by Article 3 of the international conventions signed in Geneva in 1949. Violence, inhuman treatment, biological experiments, killing, maiming, serious bodily injury, rape, physical misconduct, and kidnapping of people are all prohibited by the Geneva Conventions.

If the victim suffers severe mental pain, serious bodily injury, or death. As a result of the act, it may be considered a war crime. Injuries or deaths caused by a lawful attack are not considered war crimes

For example, armed forces are unlikely to be charged with a war crime. if, they conduct an unintentional aerial bombing raid that kills innocent civilians. If the armed forces deliberately target civilians who do not pose a threat to military personnel, they may face criminal charges.

War Crime in World

Syrian civil war crimes

International organizations have accused the Syrian government, ISIL, and other opposition forces of committing serious human rights violations, including numerous massacres. Chemical weapons have also been used numerous times during the conflict. According to reports, the Syrian government is to blame for the vast majority of civilian casualties and war crimes, which are frequently committed through bombings. Besides that, tens of thousands of protesters and activists have been imprisoned and there are reports of cruel and unusual punishment in state prisons. By 2017, the war had killed over 470,000 people.

Kurdish–Turkish conflict

According to the Human Rights Report of the U.S State Department, in February 2016, Turkish security forces killed at least 130 people, including unarmed civilians, who had sought refuge in the basements of three buildings in the town of Cizre. According to a domestic NGO and the Human Rights Association (HRA), security forces killed over 300 civilians in the first eight months of 2016. In March 2017, the UN expressed “concern” about the Turkish government’s actions and demanded an independent to do an investigation into the “massive destruction, killings, and numerous other serious human rights violations” committed against the ethnic Kurdish minority.

Sri Lankan Civil War

During the Sri Lankan Civil War, the Sri Lankan military and the rebel Liberation Tigers of Tamil Eelam are accused of committing war crimes, particularly in the final months of the conflict in 2009. Attacks on civilians and civilian buildings by both sides, mass killings of combatants and prisoners by the Sri Lankan government. Enforced disappearances by the Sri Lankan military and paramilitary groups backed by them, severe shortages of food, medicine, and clean water for civilians caught in the war zone, and child recruitment by the Tamil Tigers are among the alleged war crimes.

Nagorno-Karabakh war

During the  Nagorno-Karabakh War, Amnesty International stated that both Azerbaijani and Armenian forces committed war crimes. Many buildings and homes have been destroyed in civilian areas, including Azerbaijan’s second-largest city, Ganja, and the region’s capital, Stepanakert. The Cathedral of Ghazanchetsots has also been damaged. Several news outlets reported an increase in COVID-19 cases in Nagorno-Karabakh, particularly in the city of Stepanakert, where the population was forced to live in overcrowded bunkers due to the conflict between Azerbaijan artillery and drone strikes. As a result of Armenian artillery shelling, a large fire broke out in a cotton plant in Azad Qaraqoyunlu, Tartar District, on October 19, 2020, destroying several large hangars of the plant. An Armenian-backed Nagorno-Karabakh human rights grievance report noted the damage of 5,800 private properties and 520 private vehicles, as well as damage to 960 civilian infrastructure, and industrial and public objects. On November 16, 2020, the Prosecutor General’s Office of the Republic of Azerbaijan reported that the war had damaged 3,410 private houses, 512 civilian facilities, and 120 multi-story residential buildings. During the conflict, there were also reported difficulties with testing and investigating.

Tigray War

During the Tigray War, which included fighting between the Ethiopian National Defense Force (ENDF) soldiers and Tigray People’s Liberation Front (TPLF) forces in the Tigray Region, the Ethiopian Human Rights Commission (EHRC) described the 9–10 November 2020 Mai Kadra massacre committed by Tigray youth group “Samri” in its 24 November 2020 preliminary report as “grave human rights violations which may amount to crimes against humanity and war crimes”. The Tigray Defense Forces (TDF) have been accused of extrajudicial killings of civilians, indiscriminate shelling, rape as a weapon of war, use of civilians as human shields, and widespread looting and destruction of civilian infrastructure and private property in Afar and Amhara Regions

Russian invasion of Ukraine

During the Russian invasion of Ukraine, multiple buildings such as airports, hospitals, and kindergartens were bombed.

Attacks on hospitals may constitute a war crime as they are not used as military facilities.

Abuse of Russian prisoners of war, including some who were shot in the legs

The International Criminal Court has signalled its intention to investigate war crimes perpetrated by Russian forces.

War Crimes in India

War crimes have been happening in India since the Britishers took over but the sad part is that it continued even after independence. Let’s briefly discuss the war crimes committed in India after independence.

Genocide of Sikhs in (1984)

After the 3rd prime minister of India, Indira Gandhi was killed by her Sikh bodyguards, there was widespread violence against the Sikh community in many parts of India. People belonging to the Sikh community were targeted and killed in an inhumane way. There was no protection given by the government authorities. Some sources say it was a planned genocide by the ruling government at that time. The first conviction, in this case, took place in 2018.

An Exodus of Kashmiri Pandits (1990)

In 1990 all the Kashmiri Pandits were given a warning from the loudspeakers of the mosques overnight to either convert to Islam or leave Kashmir. All the belongings of Kashmiri Pandits were targeted such as shops, mandirs, etc. People were killed in large numbers. People were forced to leave their homes and their livelihood. Those people are still living in poor conditions. To date, there is no compensation  and no justice has been given to the victims except abrogation of Article 370 of the Constitution of India

Gujarat riots (2002)

On 27 February 2002, the pilgrims were returning home by train from Godhra. The train was set on fire by Muslims. The Hindus retaliated at this incident. This clash between the said communities resulted in a riot that lasted for a couple of days. A total of twenty-three people were convicted in this incident by the High Court of Gujarat

Bengaluru riots (2020)

Mob of thousands of people attacked the houses of Hindus including the house of a local MLA because his relative shared a poster of Mohammad on social media.