War crimes in the context of "Military necessity"

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⭐ Core Definition: War crimes

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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In this Dossier

War crimes 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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War crimes in the context of Japanese war crimes

Before and during World War II, the Empire of Japan committed numerous war crimes and crimes against humanity across various Asian–Pacific nations, notably during the Second Sino-Japanese War and the Pacific War. These incidents have been referred to as "the Asian Holocaust" and "Japan's Holocaust", and also as the "Rape of Asia". The crimes occurred during the early part of the Shōwa era.

The Imperial Japanese Army (IJA) and the Imperial Japanese Navy (IJN) were responsible for war crimes leading to millions of deaths, ranging from sexual slavery and massacres to human experimentation, torture, starvation, and forced labor. Evidence of these crimes, including oral testimonies and written records such as diaries and war journals, has been provided by Japanese veterans.

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War crimes in the context of Sicherheitsdienst

Sicherheitsdienst (German: [ˈzɪçɐhaɪtsˌdiːnst] , "Security Service"), full title Sicherheitsdienst des Reichsführers-SS ("Security Service of the Reichsführer-SS"), or SD, was the intelligence agency of the SS and the Nazi Party in Nazi Germany. Established in 1931, the SD was the first Nazi intelligence organization and the Gestapo (formed in 1933) was considered its sister organization through the integration of SS members and operational procedures. The SD was administered as an independent SS office between 1933 and 1939. That year, the SD was transferred over to the Reich Security Main Office (Reichssicherheitshauptamt; RSHA), as one of its seven departments. Its first director, Reinhard Heydrich, intended for the SD to bring every single individual within the Third Reich's reach under "continuous supervision".

Following Germany's defeat in World War II, the tribunal at the Nuremberg trials officially declared that the SD was a criminal organisation, along with the rest of Heydrich's RSHA (including the Gestapo) both individually and as branches of the SS in the collective. Heydrich was assassinated in 1942; his successor, Ernst Kaltenbrunner, was convicted of war crimes and crimes against humanity at the Nuremberg trials, sentenced to death and hanged in 1946.

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War crimes in the context of Summary execution

In civil and military jurisprudence, summary execution is the putting to death of a person accused of a crime without the benefit of a free and fair trial. The term results from the legal concept of summary justice to punish a summary offense, as in the case of a drumhead court-martial, but the term usually denotes the summary execution of a sentence of death. Under international law, it is defined as a combatant's refusal to accept an opponent's lawful surrender and the combatant's provision of no quarter, by killing the surrendering opponents.

Summary executions have been practiced by governments and paramilitary organizations during both peacetime and war, and is usually associated with war crimes and political persecution.

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War crimes in the context of Legitimacy of the State of Israel

The legitimacy of the State of Israel has been challenged since before the state was formed. There has been opposition to Zionism, the movement to establish a Jewish state in Palestine, since its emergence in 19th-century Europe. Since the establishment of the State of Israel in 1948, a number of individuals, organizations, and states have challenged Israel's political legitimacy and its occupation of territories belonging to Palestine, Syria and Lebanon. Over the course of the Israeli–Palestinian conflict and broader Arab–Israeli conflict, the country's authority has also been questioned on a number of fronts.

Criticism of Israel may include opposition to the country's right to exist or, since the 1967 Arab–Israeli War, the established power structure within the Israeli-occupied territories. Israel has also been accused of crimes against humanity and war crimes—such as apartheid, starvation and genocide—including by scholars, legal experts, and human rights organizations. Israel regards such criticism as attempts to delegitimize it. Israel has also been criticized for maintaining "the longest and one of the most deadly military occupations in the world".

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War crimes in the context of International humanitarian law

International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (jus in bello). It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participants in hostilities and by restricting and regulating the means and methods of warfare available to combatants.

International humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice. Sources of international law include international agreements (the Geneva Conventions), customary international law, general principles of nations, and case law. It defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning non-combatants. It is designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its destructive effect and alleviating human suffering. Serious violations of international humanitarian law are called war crimes.

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War crimes in the context of Public Prosecutor General (Germany)

The Public Prosecutor General at the Federal Court of Justice (German: Generalbundesanwalt or Generalbundesanwältin beim Bundesgerichtshof [GBA], lit.'General Federal Attorney at the Federal Court of Justice') is the federal prosecutor of Germany, representing the federal government at the Bundesgerichtshof, the federal court of justice. The office of the Public Prosecutor General is located in Karlsruhe. Besides its role in appellate cases, the Public Prosecutor General has primary jurisdiction in cases of crimes against the state (in particular terrorism, espionage and treason), and offences under the Völkerstrafgesetzbuch (genocide, crimes against humanity and war crimes). The Public Prosecutor General also represents Germany in certain civil and administrative cases.

The Federal Minister of Justice proposes the Public Prosecutor General with the approval of the Bundesrat to the President of Germany for appointment. The Public Prosecutor General is considered a political official. He is supposed to share the criminal and security policy views and objectives of the respective acting federal government and can be recalled without outspoken reasons at any time. He is subject to the supervision of the Federal Minister of Justice.

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War crimes in the context of Special Court for Sierra Leone

The Special Court for Sierra Leone, or the "Special Court" (SCSL), also called the Sierra Leone Tribunal, was a judicial body set up by the government of Sierra Leone and the United Nations to "prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law" committed in Sierra Leone after 30 November 1996 and during the Sierra Leone Civil War. The court's working language was English. The court listed offices in Freetown, The Hague, and New York City.

Following its dissolution in 2013, it was replaced by the Residual Special Court for Sierra Leone in order to complete its mandate and manage a variety of ongoing and ad-hoc functions, including witness protection and support, supervision of prison sentences and claims for compensation.

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War crimes in the context of Khmer Rouge Tribunal

The Extraordinary Chambers in the Courts of Cambodia (ECCC; French: Chambres extraordinaires au sein des tribunaux cambodgiens (CETC); Khmer: អង្គជំនុំជម្រះវិសាមញ្ញក្នុងតុលាការកម្ពុជា), commonly known as the Cambodia Tribunal or Khmer Rouge Tribunal (សាលាក្ដីខ្មែរក្រហម), was a court established to try the senior leaders and the most responsible members of the Khmer Rouge for alleged violations of international law and serious crimes perpetrated during the Cambodian genocide. Although it was a national court, it was established as part of an agreement between the Royal Government of Cambodia and the United Nations, and its members included both local and foreign judges. It was considered a hybrid court, as the ECCC was created by the government in conjunction with the UN, but remained independent of them, with trials being held in Cambodia using Cambodian and international staff. The Cambodian court invited international participation in order to apply international standards.

The remit of the Extraordinary Chambers extended to serious violations of Cambodian penal law, international humanitarian law and custom, and violation of international conventions recognized by Cambodia, committed during the period between 17 April 1975 and 6 January 1979. This includes crimes against humanity, war crimes and genocide. The chief purpose of the tribunal as identified by the Extraordinary Chambers was to provide justice to the Cambodian people who were victims of the Khmer Rouge regime's policies between April 1975 and January 1979. However, rehabilitative victim support and media outreach for the purpose of national education were also outlined as primary goals of the commission.

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