War crime in the context of "Geneva Conventions"

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⭐ Core Definition: 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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War crime in the context of World War II

World War II or the Second World War (1 September 1939 – 2 September 1945) was a global conflict between two coalitions: the Allies and the Axis powers. Nearly all of the world's countries participated, with many nations mobilising all resources in pursuit of total war. Tanks and aircraft played major roles, enabling the strategic bombing of cities and delivery of the first and only nuclear weapons ever used in war. World War II is the deadliest conflict in history, causing the death of 70 to 85 million people, more than half of whom were civilians. Millions died in genocides, including the Holocaust, and by massacres, starvation, and disease. After the Allied victory, Germany, Austria, Japan, and Korea were occupied, and German and Japanese leaders were put on trial for war crimes.

The causes of World War II included unresolved tensions in the aftermath of World War I, the rise of fascism in Europe and militarism in Japan. Key events preceding the war included Japan's invasion of Manchuria in 1931, the Spanish Civil War, the outbreak of the Second Sino-Japanese War in 1937, and Germany's annexations of Austria and the Sudetenland. World War II is generally considered to have begun on 1 September 1939, when Nazi Germany, under Adolf Hitler, invaded Poland, after which the United Kingdom and France declared war on Germany. Poland was divided between Germany and the Soviet Union under the Molotov–Ribbentrop Pact. In 1940, the Soviet Union annexed the Baltic states and parts of Finland and Romania. After the fall of France in June 1940, the war continued mainly between Germany, now assisted by Fascist Italy, and the British Empire, with fighting in the Balkans, Mediterranean, and Middle East, the aerial Battle of Britain and the Blitz, and the naval Battle of the Atlantic. Through campaigns and treaties, Germany gained control of much of continental Europe and formed the Axis alliance with Italy, Japan, and other countries. In June 1941, Germany invaded the Soviet Union, opening the Eastern Front and initially making large territorial gains.

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War crime in the context of Sentenced to death

Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is called a death sentence, and the act of carrying out the sentence is an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital (lit.'of the head', derived via the Latin capitalis from caput, "head") refers to execution by beheading, but executions are carried out by many methods.

Crimes that are punishable by death are known as capital crimes, capital offences, or capital felonies, and vary depending on the jurisdiction, but commonly include serious crimes against a person, such as murder, assassination, mass murder, child murder, aggravated rape, terrorism, aircraft hijacking, war crimes, crimes against humanity, and genocide, along with crimes against the state such as attempting to overthrow government, treason, espionage, sedition, and piracy. Also, in some cases, acts of recidivism, aggravated robbery, and kidnapping, in addition to drug trafficking, drug dealing, and drug possession, are capital crimes or enhancements. However, states have also imposed punitive executions, for an expansive range of conduct, for political or religious beliefs and practices, for a status beyond one's control, or without employing any significant due process procedures. Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment. For example, the executions following the show trials in the Soviet Union during the Great Purge of 1936–1938 were an instrument of political repression.

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War crime in the context of Hague Conventions of 1899 and 1907

The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of World War I.

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War crime in the context of Paris Peace Treaties, 1947

The Paris Peace Treaties (French: Traités de Paris) were signed on 10 February 1947 following the end of World War II in 1945. The Paris Peace Conference lasted from 29 July until 15 October 1946. The victorious wartime Allied powers (principally the United Kingdom, Soviet Union, United States, and France) negotiated the details of peace treaties with those former Axis allies, namely Italy, Romania, Hungary, Bulgaria, and Finland, of which all but Hungary had switched sides and declared war on Germany during the war. They were allowed to fully resume their responsibilities as sovereign states in international affairs and to qualify for membership in the United Nations.

The settlement elaborated in the peace treaties included payment of war reparations, commitment to minority rights, and territorial adjustments including the end of the Italian colonial empire in North Africa, East Africa, Yugoslavia, Greece, and Albania, as well as changes to the Italian–Yugoslav, Hungarian–Czechoslovak, Soviet–Romanian, Hungarian–Romanian, French–Italian, and Soviet–Finnish borders. The treaties also obliged the various states to hand over accused war criminals to the Allied powers for war crimes trials.

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War crime in the context of War in Darfur

The War in Darfur, also nicknamed the Land Cruiser War, was a major armed conflict in the Darfur region of Sudan that began in February 2003 when the Sudan Liberation Movement (SLM) and the Justice and Equality Movement (JEM) rebel groups began fighting against the government of Sudan, which they accused of oppressing Darfur's non-Arab population. The government responded to attacks by carrying out a campaign of ethnic cleansing against Darfur's non-Arabs. This resulted in the death of hundreds of thousands of civilians and the indictment of Sudan's president, Omar al-Bashir, for genocide, war crimes, and crimes against humanity by the International Criminal Court.

One side of the conflict is mainly composed of the Sudanese military, police, and the Janjaweed, a Sudanese militia group whose members are mostly recruited among Arabized indigenous Africans and a small number of Bedouin of the northern Rizeigat; the majority of other Arab groups in Darfur remained uninvolved. The other side is made up of rebel groups, notably the SLM/A and the JEM, recruited primarily from the non-Arab Muslim Fur, Zaghawa, and Masalit ethnic groups. The African Union and the United Nations also have a joint peacekeeping mission in the region, named UNAMID. Although the Sudanese government publicly denies that it supported the Janjaweed, evidence supports claims that it provided financial assistance and weapons and coordinated joint attacks, many against civilians. Estimates of the number of human casualties range up to several hundred thousand dead, from either combat or starvation and disease. Mass displacements and coercive migrations forced millions into refugee camps or across the border, creating a humanitarian crisis. U.S. Secretary of State Colin Powell described the situation as a genocide or acts of genocide.

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War crime in the context of Slave raiding

Slave raiding is a military raid for the purpose of capturing people and bringing them from the raid area to serve as slaves. Once seen as a normal part of warfare, it is nowadays widely considered a war crime. Slave raiding has occurred since antiquity. Some of the earliest surviving written records of slave raiding come from Sumer (in present-day Iraq). Kidnapping and prisoners of war were the most common sources of African slaves, although indentured servitude or punishment also resulted in slavery.

The many alternative methods of obtaining human beings to work in indentured or other involuntary conditions, as well as technological and cultural changes, have made slave raiding rarer.

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War crime in the context of Cultural genocide

Cultural genocide or culturicide is a concept first described by Polish lawyer Raphael Lemkin in 1944, in the same book that coined the term genocide. The destruction of culture was a central component in Lemkin's formulation of genocide. The precise definition of cultural genocide remains contested, and the United Nations does not include it in the definition of genocide used in the 1948 Genocide Convention. The Armenian genocide Museum defines culturicide as "acts and measures undertaken to destroy nations' or ethnic groups' culture through spiritual, national, and cultural destruction", which appears to be essentially the same as ethnocide. Some ethnologists, such as Robert Jaulin, use the term ethnocide as a substitute for cultural genocide, although this usage has been criticized as risking the confusion between ethnicity and culture. Cultural genocide and ethnocide have in the past been used in distinct contexts. Cultural genocide without ethnocide is conceivable when a distinct ethnic identity is kept, but distinct cultural elements are eliminated.

Culturicide involves the eradication and destruction of cultural artifacts, such as books, artworks, and structures. The issue is addressed in multiple international treaties, including the Geneva Conventions and the Rome Statute, which define war crimes associated with the destruction of culture. Cultural genocide may also involve forced assimilation, as well as the suppression of a language or cultural activities that do not conform to the destroyer's notion of what is appropriate. Among many other potential reasons, cultural genocide may be committed for religious motives (e.g., iconoclasm which is based on aniconism); as part of a campaign of ethnic cleansing in an attempt to remove the evidence of a people from a specific locale or history; as part of an effort to implement a Year zero, in which the past and its associated culture is deleted and history is "reset". The drafters of the 1948 Genocide Convention initially considered using the term, but later dropped it from inclusion. The term "cultural genocide" has been considered in various draft United Nations declarations, but it is not used by the UN Genocide Convention.

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