Publication date: 04.06.2024
War Crimes: Qualification, Investigation and Prosecution
Introduction
War crimes are serious violations of international humanitarian law (IHL) and can include a variety of acts such as the killing of civilians, torture, rape, and destruction of property without military necessity. Qualifying, investigating and prosecuting such crimes are important tasks to ensure justice and prevent impunity.
Qualification of War Crimes
International Humanitarian Law
Geneva Conventions (1949) and Additional Protocols (1977)
- Define the basic norms of protection of persons who do not participate or no longer participate in hostilities (wounded, sick, prisoners of war, civilians).
Rome Statute of the International Criminal Court (ICC)
- Defines war crimes as serious violations of the Geneva Conventions and other serious violations of the laws and customs applicable in armed conflict.
Types of War Crimes
Against the civilian population
- Murders, torture, rape, hostage-taking, deportation or forced displacement of the population.
Against the wounded and sick
- Killing or ill-treatment of wounded and sick soldiers.
Against prisoners of war
- Ill-treatment, deprivation of the right to a fair trial.
Against property
- Destruction or seizure of property that is not justified by military necessity.
Investigation of War Crimes
National Mechanisms
Legislation
- Introduce national legislation that meets international standards and allows for the prosecution of war crimes.
Investigative authorities
- Specialized units of law enforcement agencies that investigate war crimes.
Collecting evidence
- Use of modern technologies to document crimes (photos, videos, eyewitness accounts).
International Mechanisms
International Criminal Court (ICC)
- It has jurisdiction over war crimes if the state is unable or unwilling to prosecute the perpetrators.
International tribunals
- Special tribunals established to investigate and prosecute war crimes in specific conflicts (e.g., the International Criminal Tribunal for the former Yugoslavia).
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Prosecution of War Crimes
National Judicial Systems
National courts
- They can prosecute war crimes under national law and international obligations.
Specialized courts
- Establishment of specialized court chambers to hear war crimes cases.
International Court Systems
International Criminal Court (ICC)
- He handles cases of war crimes, crimes against humanity and genocide.
Hybrid courts
- Judicial institutions that combine international and national elements to try war crimes cases.
