1. War Crimes in Contemporary Armed Conflict www.crimesofwar.org

2. Categories of Crimes War Crimes Crimes Against Humanity Genocide International Humanitarian Law

3. Atrocities are an international concern Individuals can be prosecuted for serious violations (unlike human rights) War crimes only during armed conflict Crimes against humanity and genocide illegal at any time International Humanitarian Law

4. “The only legitimate object which States should endeavour to accomplish during war is to weaken the military forces of the enemy.” (St. Petersburg Declaration, 1868) “The right of belligerents to adopt means of injuring the enemy is not unlimited.” (Hague Regulations, 1907) What is a War Crime?

5. Geneva Conventions of 1949 Additional Protocols I & II Weapons conventions Customary law War Crimes: Sources of the Law

6. Covers what you do in war – not whether war itself is just Applies to all sides, no matter who started the war Covers all armed conflicts – international and civil wars War Crimes

7. Geneva Conventions “apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.” “Also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.” (Common Article 2, Geneva Conventions 1949) International Armed Conflict

8. Common Article 3 applies in all cases of armed conflict not of an international character. “Protracted armed violence between governmental authorities and organized armed groups or between such groups within a state.” Additional Protocol II may apply if armed groups control territory Also customary law Non-International Armed Conflict

9. Four Main Principles

10. Military Necessity – OK to attack military targets

11. Four Main Principles Military Necessity – OK to attack military targets Humanity – should not cause unnecessary suffering

12. Four Main Principles Military Necessity – OK to attack military targets Humanity – should not cause unnecessary suffering Distinction – not attack civilians

13. Four Main Principles Military Necessity – OK to attack military targets Humanity – should not cause unnecessary suffering Distinction – not attack civilians Proportionality – harm caused should not be excessive

14. U.S. military vehicle deploys in Kuwait, 2003 Military Target

15. Military Target? Power station destroyed by NATO at Veliki Crljeni, Serbia, 1999

16. Objects “which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.” (Additional Protocol I, Article 52) Includes civilian objects being used for military purposes. Military Target

17. Are considered “hors de combat” – no longer present a threat Must be treated humanely – attempt on life “strictly prohibited”. States must take “all possible measures” to search for wounded and ensure adequate care. Medical facilities “may in no circumstances be attacked” – unless they are used to commit “acts harmful to the enemy. Sick and Wounded Soldiers

18. Serbian paramilitary with bodies of Bosnian Muslims, 1992

19. “The civilian population…as well as individual civilians, shall not be the object of attack.” (Additional Protocol I, Article 51) Citizens protected “unless they take a direct part in hostilities”. Civilians

20. Grozny, August 2002

21. Indiscriminate attacks are prohibited. Not directed at a specific military objective. Employ method or means which cannot be directed at specific military objective or whose effects cannot be limited. (Additional Protocol I, Article 51) Indiscriminate Attack

22. Proportionality Israeli air attack on bridge in southern Lebanon, July 2006

23. Attacks prohibited if likely to cause harm to civilians that is “excessive in relation to the…military advantage anticipated (Additional Protocol I, Article 51) Attacks against military targets may be unlawful if civilians are endangered, but… Law allows some expected “collateral damage” Proportionality

24. Al-Amiriya shelter, Baghdad

25. Must do “everything feasible” to make sure that targets of attack are neither civilians nor civilian objects (Additional Protocol Art. 57) If there is genuine reason to think that target poses a threat, may not be a crime. Precautions in Attack

26. Car Bomb Hidden in Ambulance Explodes outside Red Cross HQ, Iraq, 2003

27. Pretending to be someone protected by the law “with intent to betray” (AP I, Art. 37) Pretending to be protected person (ICRC, UN, civilian) while actually carrying out attack Pretending to surrender Undermines safety of real civilians Deceptive Attack (Perfidy)

28. House Demolition, Gaza

29. No one may be punished for an offense they have not personally committed. “Collective penalties and…all measures of intimidation or of terrorism are prohibited.” (4 th Geneva Convention, Article 33 ) Collective punishments “prohibited at any time and in any place whatsoever.” API, Article 75 Collective Punishment

30. Prisoner of War in Iraq, 2003

31. “The least unfortunate kind of prisoner to be” (Winston Churchill) Only members of armed forces and attached militias if they meet legal standards “Hors de combat” – deserve to be treated humanely and with respect. Cannot be punished for lawful acts of war Prisoners of War

32. No coercion, torture or cruel and degrading treatment. Can be tried for war crimes, but must receive same form of trial as soldiers detaining you. Cannot be detained beyond end of hostilities. Prisoners of War

33. Afghan suspect detained, 2004

34. People under occupation are protected against coercion, torture, cruel treatment, punishment without trial under 4 th Geneva Convention. All detainees have fundamental guarantees against violence, torture, humiliating and degrading treatment. (AP I, Art. 75) Released with minimum delay possible. Not punished except after impartial, proper trial. Other Detainees

35. 1925 Geneva Protocol bans first use of chemical weapons. 1993 Chemical Weapons Convention bans production, stockpiling and use of chemical weapons. Not all countries have signed CWC. Chemical Weapons

36. Chemical weapon is anything that "through its chemical action on life processes can cause death, temporary incapacitation or permanent harm.". White phosphorus works through generating heat, not by poisoning or asphyxiating: usually described as an incendiary weapon. Use against civilians or where harm to civilians would be disproportionate is unlawful. Chemical Weapons: White Phosphorus?

37. Common Article 3 Persons taking no active part in the hostilities shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion… The following acts are prohibited: Violence to life and person, murder, mutilation, cruel treatment and torture taking of hostages outrages upon personal dignity, in particular humiliating and degrading treatment passing of sentences and the carrying out of executions without previous judgment, affording all the judicial guarantees that are recognized as indispensable The wounded and sick shall be collected and cared for.

38. Apply during peace as well as war. Defined in Nuremberg Charter, customary law, Statute of International Criminal Court “Widespread or systematic” abuse of civilians. Murder, torture, rape, enslavement, deportation. Forced disappearances. Crimes Against Humanity

39. Genocide “Acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.” (Genocide Convention, 1948) Killing members of the group Causing serious bodily or mental harm Inflicting conditions of life calculated to bring about its physical destruction, in whole or in part Imposing measures intended to prevent births within the group Forcibly transferring children of the group to another group.