War Crimes 101

WAR CRIMES 101The war in Ukraine continues on; nearly 18 months since the attack by Russia under Putin’s direction. I’ve been meaning to address what person, persons, group or other entity is potential guilty of war crimes. But first I present some basic definitions and concepts of what constitutes a War Crime. Let’s call it War Crimes 101.

Following soon will be a discussion or where the War Crimes arrow should point.

What are war crimes?

– War crimes are defined as an action carried out during the conduct of a war that violates the accepted international rules of war (IROW). The IROW are laid out by the Geneva Conventions

What are crimes against humanity?

– Crimes against humanity are defined as a deliberate act, typically as part of a systematic campaign, that causes human suffering or death on a large scale

Who determines that, or what, is there a document, treaty etc?

– War crimes are subject to the various Geneva Conventions and the Hague Conventions that have been updated multiple times over the years

Is there an indictment? How are charges proffered?

– The International Criminal Court (ICC) (headquartered in The Hague, Netherlands) can investigate and try possible war crimes at their own discretion. They are the first and only permanent international court with the jurisdiction to prosecute war criminals. The ICC was established in 2002 due to the Rome Statute. It currently has 123 member states. Russia initially signed it and subsequently withdrew their signature. Ironically, so has the United States

Is there a trial? Jury or bench? Where?

– The ICC, located in The Hague, is where the modern war crime trials are tried. The trials are presented before a panel of three Trial Judges and the prosecutor must prove beyond reasonable doubt the guilt of the accused. Judges consider all evidence and then render their verdict

How is someone arrested, detained etc?

– When the ICC conducts an investigation, if not enough evidence can be gathered, the ICC cannot proceed with a trial. If enough evidence is gathered, then a summons is issued. If the accused does not appear voluntarily, the ICC can issue an arrest warrant, but that relies on countries enacting on said warrant

• Allan Opsitnick