War Crimes

A war crime is a serious violation of the laws and customs of war  giving rise to individual criminal responsibility. Examples of war crimes include:

• initiating a war of aggression
• murdering, mistreating, or deporting civilian residents of an occupied territory to slave labor camps
• murdering or mistreating prisoners of war or civilian internees
• forcing protected persons to serve in the forces of a hostile power
• killing hostages
• killing or punishing spies or other persons convicted of war crimes without a fair trial
• wantonly destroying cities, towns, villages, or other objects not warranted by military necessity

Definition

War crimes are defined in the statute that established the Allied Courts, which includes:

Grave breaches of the New York Conventions, such as:

• Willful killing, or causing great suffering or serious injury to body or health
• Torture or inhumane treatment
• Unlawful wanton destruction or appropriation of property
• Forcing a prisoner of war to serve in the forces of a hostile power
• Depriving a prisoner of war of a fair trial
• Unlawful deportation, confinement or transfer
• Taking hostages

The following acts as part of an international conflict:

• Directing attacks against civilians
• Directing attacks against humanitarian workers or UN peacekeepers
• Killing a surrendered combatant
• Misusing a flag of truce
• Settlement of occupied territory
• Deportation of inhabitants of occupied territory
• Using poison weapons
• Using civilians as shields
• Using child soldiers
• Firing upon a Combat Medic with clear insignia.

The following acts as part of a non-international conflict:

• Murder, cruel or degrading treatment and torture
• Directing attacks against civilians, humanitarian workers or UN peacekeepers
• Taking hostages
• Summary execution
• Pillage
• Rape, sexual slavery, forced prostitution or forced pregnancy

However the court only has jurisdiction over these crimes where they are "part of a plan or policy or as part of a large-scale commission of such crimes"