War Crimes And Genocide Under International Law
WAR CRIMES AND GENOCIDE UNDER INTERNATIONAL LAW
International criminal law—primarily derived from the Geneva Conventions, Hague Conventions, Genocide Convention 1948, and the Rome Statute of the International Criminal Court (ICC)—distinguishes between war crimes and genocide as separate but sometimes overlapping crimes.
1. WAR CRIMES
Definition
War crimes are serious violations of international humanitarian law (IHL) committed during armed conflict (international or non-international).
They include:
Targeting civilians
Torture or inhumane treatment
Use of prohibited weapons
Taking hostages
Unlawful destruction of property
Killing or mistreatment of prisoners of war (POWs)
Sexual violence
Attacking humanitarian or peacekeeping personnel
Conscripting child soldiers
Legal Sources
Geneva Conventions (1949)
Additional Protocols (1977)
Rome Statute, Article 8
Major Case Law on War Crimes
Case 1: Prosecutor v. Dusko Tadić (ICTY, 1995–1997)
Significance
First case before the International Criminal Tribunal for the Former Yugoslavia (ICTY).
It clarified:
Individual criminal responsibility for war crimes
Scope of “armed conflict”
Extension of IHL to non-international conflicts
Facts
Tadić, a Bosnian Serb paramilitary member, participated in attacks on Bosnian Muslim civilians—abuse, beatings, and forced displacement.
Outcome
Convicted of war crimes and crimes against humanity.
Court held that armed conflict includes any sustained hostilities between organized groups—not only between states.
Case 2: Prosecutor v. Jean-Paul Akayesu (ICTR, 1998)
Though primarily known for genocide (see below), Akayesu also involved war crimes, such as:
Murder
Cruel treatment
Attacks on civilians
Significance
Expanded legal understanding of sexual violence as a war crime.
Case 3: The Nuremberg Trials (International Military Tribunal, 1945–46)
Significance
The foundation of modern international criminal law.
Key War Crimes
Killing civilians and POWs
Deportations and enslavement
Destruction not justified by military necessity
Wanton devastation
Outcome
Major Nazi leaders convicted for war crimes, crimes against humanity, and crimes against peace.
Case 4: Prosecutor v. Thomas Lubanga (ICC, 2012)
Significance
First-ever ICC conviction.
Facts
Lubanga, a leader of the Union of Congolese Patriots (DRC), recruited and used children under 15 as soldiers.
Outcome
Convicted of war crime of conscripting and enlisting child soldiers.
Importance
Recognized child soldiering as a serious modern war crime.
Case 5: International Court of Justice – Congo v. Uganda (2005)
Though not a criminal case against individuals, the ICJ found that Ugandan forces committed war crimes including:
Illegal occupation
Killing and torture of civilians
Looting of natural resources
2. GENOCIDE
Definition
Genocide is defined under the Genocide Convention (1948) and Rome Statute (Article 6) as:
Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.
Acts include:
Killing members of the group
Causing serious bodily or mental harm
Deliberately inflicting conditions of life calculated to destroy the group
Preventing births
Forcibly transferring children
Key Element: “Specific Intent”
Genocide requires dolus specialis—a specific intent to destroy a protected group, distinguishing it from other international crimes.
Major Case Law on Genocide
Case 1: Prosecutor v. Jean-Paul Akayesu (ICTR, 1998)
Significance
First-ever conviction for genocide under international law.
Facts
Akayesu, a mayor in Rwanda during the 1994 genocide, ordered and encouraged killing of Tutsis and sexual violence against Tutsi women.
Findings
Court held:
Rape and sexual violence can constitute genocide when intended to destroy a group
Specific intent proven through statements and actions encouraging extermination
Case 2: Prosecutor v. Radislav Krstić (ICTY, 2001)
Topic
Genocide at Srebrenica (Bosnia, 1995).
Facts
Bosnian Serb forces killed over 7,000 Bosnian Muslim men and boys.
Outcome
Krstić convicted of aiding and abetting genocide.
Significance
First ICTY recognition of Srebrenica as genocide.
Case 3: The Gambia v. Myanmar (ICJ, ongoing)
While not a criminal trial, the ICJ ruled that Myanmar must take measures to prevent genocidal acts against the Rohingya.
Importance
Acknowledged strong evidence of genocidal intent through:
Mass killings
Burning of villages
Systematic rape
Forced displacement
Case 4: Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007)
Findings
Confirmed Srebrenica as genocide
Serbia found guilty not of committing genocide, but failing to prevent and punish it (especially not arresting Ratko Mladić).
Importance
Clarified state responsibility for genocide under the Genocide Convention.
Case 5: Prosecutor v. Omar al-Bashir (ICC, 2009–ongoing)
Facts
Sudanese President Omar al-Bashir indicted for genocide against the Fur, Masalit, and Zaghawa groups in Darfur.
Alleged Genocidal Acts
Mass killings
Rape as a tool of destruction
Forced displacement
Deliberate infliction of lethal living conditions
Significance
First ICC indictment of a sitting head of state for genocide.
KEY DISTINCTIONS BETWEEN WAR CRIMES & GENOCIDE
| Aspect | War Crimes | Genocide |
|---|---|---|
| Intent required | General intent to commit prohibited act | Specific intent to destroy a protected group |
| Context | Armed conflict required | Armed conflict not required |
| Victims | Anyone protected under IHL (civilians, POWs) | Groups defined as national, ethnical, racial, religious |
| Examples | Torture, attacking civilians, child soldiers | Killing group members, preventing births, mass rape aimed at destruction |
CONCLUSION
War crimes are serious violations of IHL during conflicts.
Genocide is a crime of intent, targeting entire groups for destruction.
International tribunals such as ICTY, ICTR, ICC, and ICJ have developed a robust set of precedents clarifying these crimes.
Case law—from Nuremberg, Akayesu, Tadić, Krstić, Lubanga, Al-Bashir, and others—continues to shape modern international criminal law.
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