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Describe the sorts of acts that qualify as "war crimes" according to international law.

Question

Describe the sorts of acts that qualify as "war crimes" according to international law.

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Solution

War crimes are serious violations of the laws and customs applicable in international armed conflict and in conflicts "not of an international character" listed in the Rome Statute of the International Criminal Court, when they are committed as part of a plan or policy or on a large scale. These prohibited acts include:

  1. Murder: This includes the intentional killing of civilians or prisoners of war.

  2. Torture or inhuman treatment: This includes causing great suffering or serious injury to body or health.

  3. Taking of hostages: The act of seizing or detaining and threatening to kill, injure or continue to detain another individual in order to compel a third party to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage.

  4. Unlawful deportation, confinement or transfer: This involves forcibly displacing people from the area in which they are lawfully present, without grounds permitted under international law.

  5. The extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

  6. Compelling a prisoner of war or other protected person to serve in the forces of a hostile power.

  7. Killing or wounding treacherously individuals belonging to the hostile nation or army.

  8. Declaring that no quarter will be given: This means that the enemy combatants would not be spared or would be killed even if they surrender.

  9. Directing attacks against civilians, humanitarian workers or UN peacekeepers.

  10. Using prohibited weapons, which can cause superfluous injury or unnecessary suffering, or which are inherently indiscriminate, in violation of the international law of armed conflict.

These are just a few examples of acts that are considered war crimes under international law. The list is not exhaustive and other acts can also be considered war crimes depending on the circumstances.

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