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War crime & crimes of aggression in international - Essay Example

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Summary
A war crime is a crime just like other crimes which are violations of human rights. Defined in terms of war, a war crime is any punishable act which is against the international laws of war. This violation can be done by any person or persons, military or civilian (Kafala, n.p…
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War crime & crimes of aggression in international

Download file to see previous pages... Sometimes an enemy is dodged by waving a flag and then they are attacked, this also comes under war law violation. However, if an enemy is being deployed with the help of a parachute, then attacking them will not mean it is a war crime. However this rule is critical because in some areas it is not allowed to attack an enemy if they are being deployed from a damaged airplane. They cannot be attacked even if they have landed and are willing to surrender (ICRC, n.p, 1993)2.
Genocide and mass murder also come under war crimes. If prisoners and civilians are ill treated then this is also considered as a violation of international war law. This ill treatment can also come under the crime against humanity. As the Nuremberg Trials and Tokyo trials, were held under the international humanitarian laws, there fore these have a significant impact on the war laws.
"Wilful killing, torture or inhuman treatment, including... wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile power, or wilfully depriving a protected person of the rights of fair and regular trial, ...taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly" (ICRC, n.p, 2005)3.
It was after the World War...
.taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly" (ICRC, n.p, 2005)3.
It was after the World War II that people realized there should be some form of law that should stop violations against human rights. During the World War II the Nazis killed millions of people just because they were Jews. These people were killed very brutally. The Japanese also mistreated the prisoners during the Second World War. In 1945 and 1946 trials were held which lead to the execution of Nazi leaders. Several Japanese Commanders were also hanged in 1946 and 1948. The reasons for these trials were the war crimes these people did during the war (Smith, 1, n.d)4.
Formerly, the international war laws addressed only the war crimes in an international conflict. Today an internal armed conflict can also have war crimes. The international human rights regime has changed over the last decade. Today, if anyone commits a war crime, even if it is a minor armed conflict within the country, the person can be subjected to a trial. Though war crimes have always existed yet formal war crime rules and regulations were established after the Second World War. Perfidy was one common and expected war crime for centuries. In 1899 and 1907, during The Hague Conventions, many rules and regulations were made clear. The Nuremberg Trials gave a new concept to war rules. It was published on August 8, 1945 in London. This has further clarified other forms of crimes done in a war (White, n.p. 2007)5.
According to Article 22 of the Hague IV, "The right of belligerents to adopt means of ...Download file to see next pagesRead More
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