Concept

War crime

Overview

A war crime is a serious violation of the laws and customs applicable in armed conflict, known as international humanitarian law (IHL) and the law of war, which gives rise to criminal responsibility under international law. Examples of actions committed by combatants in the conduct of war that can give rise to individual criminal responsibility include, but are not limited to: intentionally killing civilians, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, the granting of no quarter despite surrender, the conscription of children in the military, ordering any attempt to commit mass killings (including genocide or ethnic cleansing), and flouting the requirements of distinction, 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 1863 Lieber Code of the Union Army in the American Civil War and the Hague Conventions of 1899 and 1907 for international war. In the aftermath of the Second World War, 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.

Overview adapted from Wikipedia (CC BY-SA 4.0; see the article history for authors).

Possible passages

Found by search and not yet checked by a person; they may only mention the idea in passing.

The scope of the Great War furnishes an urgent as well as convenient starting point for the discussion. The extent of that war is unparalleled, because the conditions involved in it are so new. The dynastic conflicts of the seventeenth century are called by the same name: we have only one word, “war.” The sameness of the word too easily conceals from us the difference in significance. We think of all wars as much…
John Dewey, The public and its problems
States what War crime is.
Read the chapter · Open in the reader
In war, not only what are called the laws of nations, are frequently violated, without bringing (among his own fellow-citizens, whose judgments he only regards) any considerable dishonour upon the violator; but those laws themselves are, the greater part of them, laid down with {136} very little regard to the plainest and most obvious rules of justice. That the innocent, though they may have some connexion or…
Adam Smith, The Essays of Adam Smith
States what War crime is.
Read the chapter · Open in the reader
And these principles are common both to natural and statute law. But there are also other divisions of law; for there is both the written and the unwritten law,--each of which is maintained by the rights of nations and the customs of our ancestors. Again, written law is divided into public law and private law. Public law is laws, resolutions of the senate, treaties; private law is accounts, covenants, agreements…
Marcus Tullius Cicero, The Orations of Marcus Tullius Cicero, Volume 4
States what War crime is.
Read the chapter · Open in the reader

War crime

Overview

Possible passages

Philosophers who discussed War crime

Related ideas

Place in the tradition