War crimes are serious violations of international humanitarian law that create individual criminal responsibility. International law recognises that individuals, not only States, may be held legally responsible for certain acts committed during armed conflict.
PUBLIC LEGAL REFERENCE
War Crimes and Individual Responsibility
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War crimes are serious breaches of the laws and customs applicable during armed conflict. They may include acts such as intentionally attacking civilians, torture, unlawful killing, cruel treatment and serious violations of protected persons' rights.
International criminal law establishes that individuals can be prosecuted for international crimes. A person's official position does not automatically remove responsibility for unlawful conduct.
Command responsibility concerns situations where military or civilian leaders may be responsible for crimes committed by persons under their authority when they knew, or should have known, about the crimes and failed to prevent or punish them.
International criminal courts and tribunals have contributed to the development of legal principles concerning war crimes and individual accountability. They examine evidence and determine responsibility according to applicable legal standards.
War crimes are closely connected to international humanitarian law because they involve serious violations of the rules designed to protect people during armed conflict.
Examples may include deliberate attacks against civilians, attacks against protected medical personnel, torture of detainees, unlawful displacement and other serious violations recognised under international law.
Students should understand that war crimes involve serious violations of IHL, that individuals may be held responsible and that international criminal institutions play a role in accountability.
War crimes create individual criminal responsibility for serious violations of international humanitarian law. Accountability may occur through national courts or international criminal justice mechanisms.