War crimes are crimes committed during a war by civilians or military personnel, and have been a problem throughout history. They are difficult to prosecute and prove, but violating international conventions and agreements on warfare is considered a war crime. Nations should prosecute their own war criminals, but neutral courts like The Hague can also try them. The Nuremberg Trials after WWII laid the groundwork for future prosecutions and caused a shift in international attitudes. The United Nations can monitor conflict zones for signs of war crimes, and the International Criminal Court in The Hague can try suspected war criminals.
A war crime is a crime committed during a war by a civilian or military person. War crimes have been a problem throughout human history, although the prosecution of such crimes only really emerged in the 20th century, thanks to public outrage over crimes committed by German and Japanese forces during WWII . Unfortunately, this term can be a bit difficult to pin down, as it is somewhat nebulous. War crimes are also notoriously difficult to prosecute and prove.
Most governments agree that any action that violates international conventions and agreements on warfare is a war crime. For example, the abuse of prisoners of war is prohibited by the Geneva Convention and therefore considered a war crime. Perfidy, the act of willfully deceiving the enemy, is also a war crime. Crimes against humanity such as torture, genocide, mass deportation and other acts of persecution are also considered war crimes when they occur during a time of war.
Ideally, individual nations should prosecute their own war criminals, and courts have been established in several countries after periods of war to acquit or convict and sentence suspected war criminals. In other cases, neutral courts such as those in The Hague tried war criminals after a period of war. Trials typically include victim testimony, if possible, along with witnesses and professionals such as forensic anthropologists who analyze evidence at sites suspected of criminal activity. Sentencing for war crimes varies according to the scale of the crime and the will of the court.
The first serious attempts to prosecute war criminals occurred after World War I and were widely considered a failure. After World War II, however, a court was organized in Buremburg, Germany for the purpose of trying suspected war criminals. The court was run by the Allied occupying forces, and a number of prominent Nazis were tried during the Nuremberg Trials, including Hermann Göring and Rudolf Hess. This tribunal laid the groundwork for future prosecutions of suspected war criminals and caused a shift in international attitudes regarding the concept of war crimes.
Internationally, organizations such as the United Nations can monitor conflict zones for signs of war crimes. In some cases, suspected war criminals may be referred to a neutral court such as the International Criminal Court in The Hague if the United Nations believes they will not be tried appropriately in their home nations. This international court has defined the authorities very specifically, to ensure that its power is not abused.
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