What is a war crime? Yahoo News Explains
“Even in war there are rules,” say the International Committees of the Red Cross and Red Crescent — and there is mounting evidence that those rules are routinely being broken in Ukraine.
In the two weeks since Russia first launched attacks, there have been numerous credible reports that invading forces have intentionally targeted civilians. Apartment complexes, hospitals and power plants have taken direct fire, leading world leaders and humanitarian organizations to accuse Vladimir Putin’s army of criminal behavior.
On Wednesday, the International Criminal Court announced it is opening an active investigation into potential war crimes, with military experts warning that Russian tactics are likely to become more violent as fighting continues. If sufficient evidence is uncovered, Russian military leaders or even Putin could be charged, although it’s unlikely any Russian officials would appear in court while Putin remains in power.
But where exactly is the line between acceptable collateral damage and a war crime? International humanitarian law is pretty clear on the subject.
The basis of international humanitarian law can be found in the Geneva Conventions, a set of four agreements on acceptable conduct during armed conflict ratified by 196 nations in the years following World War II.
The First, Second, and Third Geneva Conventions focus mostly on those directly involved in a conflict. They address fighting on the ground, fighting at sea and the treatment of prisoners of war. It’s here where rules of engagement and proper protocols for dealing with wounded or captured soldiers on both sides are established. For example, among other things, the Third Geneva Convention makes it illegal to torture prisoners of war.
These conventions also ensure protections for politically neutral relief organizations, such as the Red Cross, to administer aid to both sides of a conflict without fear of being targeted.
While all the same rules for soldiers also apply to noncombatants, there are more protections designed to minimize the impact on populations in the Fourth Geneva Convention. Civilians are not to be intentionally targeted in any way — either in their homes or while fleeing conflict. Occupying forces must also avoid any disruption in supply lines for food or medical supplies, and basic utilities, such as electricity and water, should not be deliberately cut off.
In the decades since the 1949 Geneva Conventions were ratified, three additional protocols have been added to account for the changing ways in which war is waged, including an explicit prohibition on the use of weapons that are “of a nature to strike military objectives and civilians or civilian objects without distinction.” A wide variety of weapons fall into this category, including chemical weapons and vacuum and cluster munitions.
Other agreements, such as the 1998 Rome Statute, further clarify these rules and how they are enforced. Violations of the Geneva Conventions and subsequent international humanitarian laws are monitored and recorded. If sufficient evidence is found, parties are to be brought up on charges before the International Criminal Court.
The rules of war exist not only to “prevent the worst at the worst of times,” as the International Committee of the Red Cross describes it, but also to provide a pathway to peace. The idea is that by limiting suffering, there’s less chance for what humanitarian organizations call “insurmountable grievances” or crimes against a population that simply cannot be forgiven once the war is over.
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Where are Russian forces attacking Ukraine? Check out this explainer from Yahoo Immersive to find out.
