International criminal law in the context of "War crime"

⭐ In the context of war crime, international criminal law is considered…

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⭐ Core Definition: International criminal law

International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.

Classical international law governs the relationships, rights, and responsibilities of states. After World War II, the Charter of the International Military Tribunal and the following Nuremberg trial revolutionized international law by applying its prohibitions directly to individuals, in this case the defeated leaders of Nazi Germany, thus inventing international criminal law. After being dormant for decades, international criminal law was revived in the 1990s to address the war crimes in the Yugoslav Wars and the Rwandan genocide, leading to the establishment of a permanent International Criminal Court in 2001.

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👉 International criminal law in the context of War crime

A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings (including genocide or ethnic cleansing), the granting of no quarter despite surrender, the conscription of children in the military, and flouting the legal distinctions of proportionality and military necessity.

The formal concept of war crimes emerged from countries fighting and the codification of the customary international law that applied to warfare between sovereign states, such as the Lieber Code (1863) of the Union Army in the American Civil War and the Hague Conventions of 1899 and 1907 for international war. In the aftermath of World War II, the war-crime trials of the leaders of the Axis powers established the Nuremberg principles, such as that international criminal law defines what is a war crime. In 1899, the Geneva Conventions legally defined new war crimes and established that states could exercise universal jurisdiction over war criminals. In the late 20th century and early 21st century, international courts extrapolated and defined additional categories of war crimes applicable to a civil war.

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International criminal law in the context of Nuremberg trials

The Nuremberg trials were international criminal trials held by France, the Soviet Union, the United Kingdom, and the United States against leaders of the defeated Nazi Germany for plotting and carrying out invasions of several countries across Europe and committing atrocities against their citizens in the Second World War.

Between 1939 and 1945, Nazi Germany invaded many countries across Europe, inflicting 27 million deaths in the Soviet Union alone. Proposals for how to punish the defeated Nazi leaders ranged from a show trial (the Soviet Union) to summary executions (the United Kingdom). In mid-1945, France, the Soviet Union, the United Kingdom, and the United States agreed to convene a joint tribunal in Nuremberg, occupied Germany, with the Nuremberg Charter as its legal instrument. Between 20 November 1945 and 1 October 1946, the International Military Tribunal (IMT) tried 22 of the most important surviving leaders of Nazi Germany in the political, military, and economic spheres, as well as six German organizations. The purpose of the trial was not only to try the defendants but also to assemble irrefutable evidence of Nazi war crimes, offer a history lesson to the defeated Germans, and delegitimize the traditional German elite.

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International criminal law in the context of Crimes against humanity

Crimes against humanity are certain crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals. Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law and, like other crimes against international law, have no temporal or jurisdictional limitations on prosecution (where universal jurisdiction is recognized).

The first prosecution for crimes against humanity took place during the Nuremberg trials and Subsequent Nuremberg trials against defeated leaders of Nazi Germany and collaborators. Crimes against humanity have been prosecuted by other international courts (such as the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the International Criminal Court) as well as by domestic courts. The law of crimes against humanity has primarily been developed as a result of the evolution of customary international law. Crimes against humanity are not codified in an international convention, so an international effort to establish such a treaty, led by the Crimes Against Humanity Initiative, has been underway since 2008.

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International criminal law in the context of Starvation

Starvation is a severe deficiency in caloric energy intake, below the level needed to maintain an organism's life. It is the most extreme form of malnutrition. In humans, prolonged starvation can cause permanent organ damage and eventually, death. The term inanition refers to the symptoms and effects of starvation. Starvation may have a natural cause or be man-made. Deliberately inflicting starvation upon a population is a crime according to international criminal law and may also be used as a means of torture or execution.

According to the World Health Organization (WHO), hunger is the single gravest threat to the world's public health. The WHO also states that malnutrition is by far the biggest contributor to child mortality, present in half of all cases. Undernutrition is a contributory factor in the death of 3.1 million children under five every year. The results also demonstrates that as global hunger levels have stabilized, however, despite some progress in specific areas such as stunting and exclusive breastfeeding, an alarming number of people still face food insecurity and malnutrition. In fact, the world has been set back 15 years, with levels of undernourishment similar to those in 2008-2009, with between 713 and 757 million people undernourished in 2023, and over 152 million more than in 2019 when the mid-range was 733 million.

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International criminal law in the context of Genocide Convention

The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was the first legal instrument to codify genocide as a crime and the first human rights treaty unanimously adopted by the United Nations General Assembly on 9 December 1948, during the third session of the United Nations General Assembly. The Convention entered into force on 12 January 1951 and has 153 state parties as of February 2025.

The Genocide Convention was conceived largely in response to World War II, which saw atrocities such as the Holocaust that lacked an adequate description or legal definition. Polish-Jewish lawyer Raphael Lemkin, who had coined the term genocide in 1944 to describe Nazi policies in occupied Europe and the Armenian genocide, campaigned for its recognition as a crime under international law. Lemkin also linked colonialism with genocide, mentioning colonial genocides outside of Europe in his writings. In a 1946 resolution, the General Assembly recognized genocide as an international crime and called for the creation of a binding treaty to prevent and punish its perpetration. Subsequent discussions and negotiations among UN member states resulted in the CPPCG.

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International criminal law in the context of Atrocity crime

An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide, war crimes, and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field, despite not yet being recognized as an independent crime under international law.

Crimes of aggression are considered by some to be mass atrocity crimes and they are included in the jurisdiction of the International Criminal Court. However, most legal scholars do not consider them to be mass atrocity crimes. While it is certainly a grave violation of international law and frequently the context in which mass atrocity crimes are committed, the crime of aggression is distinguishable because it is an attack on the territory, sovereignty, or political independence of a state rather than on individuals.

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International criminal law in the context of May 1915 Triple Entente declaration

On 24 May 1915, on the initiative of Russia, the Triple Entente—Russia, France, and the United Kingdom—issued a declaration condemning the ongoing Armenian genocide carried out in the Ottoman Empire and threatening to hold the perpetrators accountable. This was the first use of the phrase "crimes against humanity" in international diplomacy, which later became a category of international criminal law after World War II.

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