Specific War Crimes in an

International Armed Conflict

Janice L. Dahiroc
Objectives
 At the end of this report we will be able to:
 Provide a definition of war crimes

 Determine the objectives of ICC

 Identify the list of war crimes

 Identify Other serious violations of international humanitarian

law committed during an international armed conflict
War Crime
- is an act that constitutes a serious
violation of the law of war that gives rise to
individual criminal responsibility.
What is ICL?
International Criminal Law (ICL), has been
designed to achieve certain goals and it is
often said that ICL is not good or bad in
itself, rather it is the way in which it is
implemented which makes it a good or bad
legal system.
ICL Objectives…
1. The theory if retribution.
2. Theory of deterrence
3. Reformation of the offender
4. Denunciation or education
ICL Objectives…
Some other objectives:
 Justice for the victim party
 Recording of history
 Incapacitation
 Post conflict resolution
List of War Crimes
I. Grave Breaches of the Geneva Convention
 Willful killing, or causing great suffering or serious injury to body
or health
 Torture or inhumane treatment
 Unlawful wanton destruction or appropriation of property
 Forcing a prisoner of war to serve in the forces of a hostile power
 Depriving a prisoner of war of a fair trial
 Unlawful deportation, confinement or transfer
 Taking hostages
I. Grave Breaches of the Geneva Convention
 Committing outrages upon personal dignity
 Enforced sterilization
 Compelling the national of the adverse party to take part in
military operations against their own party
 Killing or wounding an adversary by resort to perfidy
 Making medical or religious personnel, medical units or deical
transports the object of attack
 Pillage or other taking of property
I. Crimes codified in the Additional Protocol 1
and in the Statue of the International Criminal
Court
 Making the civilian population or individual civilians, not taking a
direct part in hostilities, the object of attack;
 Launching an attack in the knowledge that such attack will cause
incidental loss of civilian life, injury to civilians or damage to
civilian objects which would be clearly excessive in relation to the
concrete and direct military advantage anticipated;
 Making non-defended localities and demilitarized zones the object
of attack;
I. Crimes listed in the Statute ICC
 making civilian objects, that is, objects that are not military objectives,
the object of attack;
 using starvation of civilians as a method of warfare by depriving them of
objects indispensable to their survival, including by impeding relief
supplies;
 making persons or objects involved in a humanitarian assistance or
peacekeeping mission in accordance with the Charter of the United
Nations the object of attack, as long as they are entitled to the protection
given to civilians or civilian objects under international humanitarian
law;
 launching an attack in the knowledge that such attack will cause
widespread, long-term and severe damage to the natural environment
which would be clearly excessive in relation to the concrete and direct
military advantage anticipated;
I. Crimes listed in the Statute ICC cont.
 using prohibited weapons;
 declaring abolished, suspended or inadmissible in a court of law
the rights and actions of the nationals of the hostile party;
 using human shields;
 conscripting or enlisting children under the age of 15 into armed
forces, or using them to participate actively in hostilities;
 committing sexual violence, in particular rape, sexual slavery,
enforced prostitution and enforced pregnancy.
II. Acts as part of an International conflict:
 Directing attacks against civilians
 Directing attacks against humanitarian workers 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
 Firing upon a Combat Medic with clear insignia.