The term “war crimes” refers to a variety of serious violations of international humanitarian law that occur in the context of an armed conflict. They are prohibited by international human rights treaties and conventions, including the Geneva Conventions, as well as in international customary law. Specifically, war crimes include:
Prosecution of perpetrators of war crimes can be difficult in the midst of and in the aftermath of conflicts, particularly when the regime that committed the crime is still in power or the country’s judicial infrastructure may have been damaged by the conflict. This is why other institutions have jurisdiction in such cases, including international and mixed tribunals as well as the International Criminal Court. Under the Geneva Conventions, perpetrators of war crimes can also be tried in countries other than those where they are alleged to have occurred, in application of the principle of universal jurisdiction.
The United States prosecutes suspected war criminals under the War Crimes Act (28 U.S.C. SS 2441), which criminalizes conduct that would be war crimes if it were committed in the territory of a State party to the Geneva Conventions or an agreement to the same effect, such as the Rome Statute of the International Criminal Court. In addition, the Attorney General can bring prosecutions against foreign nationals suspected of committing war crimes in the United States, if he or she certifies that doing so is in the interest of the nation and will provide substantial justice to victims.
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