War crime

A war crime is a punishable offense, under international (criminal) law, for violations of the law of war by any person or persons, military or civilian. Every violation of the law of war in an inter-state conflict is a war crime, while violations in internal conflicts don't necessarily amount to war crimes.

War crimes include 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 war to mount an attack.

It comprises such acts as mistreatment of prisoners of war or civilians. War crimes are sometimes part of instances of mass murder and genocide though these crimes are more broadly covered under international humanitarian law described as crimes against humanity.

War crimes are significant in international humanitarian law because it is an area where international tribunals such as the Nuremberg Trials have been convened. Recent examples are the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, which were established by the UN Security Council acting under Chapter VII of the UN Charter.

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. However, several nations, most notably the United States, China, and Israel, have criticized the court, refused to participate in it or permit the court to have jurisdiction over their citizens.

To date, the former heads of state and heads of government that have been charged with war crimes include Karl Dönitz of Germany, ex Prime Minister Hideki Tojo of Japan and former Liberian President Charles Taylor. Former Yugoslav President Slobodan Milošević was brought to trial for war crimes, but died before the trial could be concluded. Former Iraqi President Saddam Hussein is accused of committing war crimes and is currently on trial in Iraq.

The legalities of war have sometimes been accused of containing favoritism toward the winners, as certain controversies have not been ruled as war crimes. Some examples include the United States' destruction of civilian targets during World War I and World War II, use of atomic bombs on Hiroshima and Nagasaki in World War II; Usage of Agent Orange against civilian targets and gross mistreatment of captured personnel and civilians in Vietnam war(see William Calley} ; the Indonesian occupation of East Timor between 1976 and 1999.