Questions about War crime
Short answers, pulled from the story.
What is the legal definition of a war crime under international law?
A war crime is a serious violation of the laws and customs applicable in armed conflict, known as international humanitarian law, which gives rise to individual criminal responsibility under international law. The Rome Statute of the International Criminal Court defines war crimes in Article 8, covering grave breaches of the Geneva Conventions and other serious violations of the laws of war. The Nuremberg Tribunal defined them as violations of the laws or customs of war, including murder of civilians, ill-treatment of prisoners, killing of hostages, and wanton destruction of cities.
What was the first war crimes trial in history?
The first recorded war crimes trial was held in 1474 by an ad hoc tribunal of the Holy Roman Empire against Peter von Hagenbach. He was tried for command responsibility over criminal acts committed by his soldiers. Von Hagenbach argued he had followed superior orders, but was convicted, condemned to death, and beheaded.
When was the International Criminal Court established and where is it located?
The International Criminal Court came into existence on the 1st of July 2002, located in The Hague, Netherlands. It was established by the Rome Statute and holds jurisdiction over war crimes committed on or after that date when they form part of a plan or policy or a large-scale commission of such crimes. Several nations, including the United States, China, Russia, and Israel, have criticized the court.
What is the Rendulic Rule in war crimes law?
The Rendulic Rule is a legal standard holding that a military commander must be judged on the information available to them at the time of a decision, not on facts that came to light afterward. It takes its name from German General Lothar Rendulic, who ordered destruction of civilian settlements in Finnish Lapland while retreating, believing Soviet troops would occupy Finland. He overestimated the threat but was acquitted because his actions were based on the information he had at the time.
Who was Jean-Pierre Bemba Gombo and why was his ICC conviction significant?
Jean-Pierre Bemba Gombo was the Vice President of the Congo. In 2016, the International Criminal Court convicted him of rape as part of a war crimes conviction. It was the first time the ICC had convicted someone specifically for sexual violence.
Why were the atomic bombings of Hiroshima and Nagasaki not prosecuted as war crimes after World War II?
At the time of the Nuremberg and Tokyo trials, no international treaty specifically protected a civilian population from attack by aircraft. Because there was no applicable legal instrument covering aerial attacks on civilians, the bombings were not officially classified as war crimes under the legal standards in force. The same reasoning applied to the firebombing of Dresden and the Operation Meetinghouse raid on Tokyo.