war crimes

war crimes Any violation of the laws or customs of war amounting to a criminal act. According to the Charter of the Nuremberg International Military Tribunal of 1946, war crimes include murder, ill-treatment, or deportation of civilian populations, murder or ill-treatment of prisoners of war, killing hostages, plundering property, and wanton destruction of population centres or devastation that is not justified by military necessity. The Nuremberg Tribunal also defined a new category of crimes against humanity, consisting essentially of murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population before or during World War II and persecution on political, racial, or religious grounds (but only if the persecution is connected with war crimes or crimes against peace); these acts are crimes against humanity whether or not they violate the domestic law of the country where the crime was committed. It is now arguable that this definition is of general application and is wider than that of war crimes. In consequence, the prohibition of crimes against humanity denies the right of any state to treat its citizens as it pleases. This has had major implications for the relationship between state sovereignty and humanitarian intervention.

The Tribunal also created a third category of crimes against peace, i.e. planning, preparing, or waging a war of aggression or a war in violation of international treaties. It is generally considered that these definitions now form part of customary international law.

War crimes tribunals were established at the end of World War II with jurisdiction to try and punish those who allegedly committed war crimes while acting in the interests of the European Axis countries or Japan. More recently, under Chapter VII of the UN Charter, the UN Security Council has set up ad hoc war crimes tribunals in relation to the conflicts in the former Yugoslavia (1993) and Rwanda (1994). See also International Criminal Court.

The War Crimes Act 1991 gives jurisdiction to UK courts to try those charged with war crimes committed in German-held territory during World War II, irrespective of the accused's nationality at the time. Prosecutions may be brought with the consent of the Attorney General for homicide offences.