The rules of war are under scrutiny following Israel’s alleged use of white phosphorus and Donald Trump’s threats to wipe out a civilisation.
Reports from Human Rights Watch that Israel has targeted southern Lebanon with “notorious” white phosphorus munitions are “reigniting accusations that it is breaking the laws of war”, said The Guardian. Legal experts have also challenged Trump’s threats against Iran, pointing out that “collective punishment on a population and the targeting of protected civilian infrastructure are prohibited under international law”, said ABC News.
What constitutes a war crime? War crimes are “violations of international humanitarian law” that, unlike genocide and crimes against humanity, “always take place in the context of an armed conflict, whether international or not”, said the UN. These crimes include cases of murder, torture, pillage and intentionally directing attacks against civilians and non-combatants such as humanitarian aid workers, as well as the deliberate targeting of religious and educational buildings, hospitals and, in some cases, vital infrastructure such as power stations and key transport links. The use of weapons banned by international conventions, such as chemical weapons or cluster munitions, can also be considered a war crime.
The Geneva Conventions of 1949, and their Additional Protocols introduced in subsequent decades, are international treaties that serve as the “most important rules limiting the barbarity of war”, according to the International Committee of the Red Cross.
What happens to those who break the rules? The International Criminal Court (ICC), established under the Rome Statute in 2002, states that it “investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community”.
“Champions of the court say it deters would-be war criminals, bolsters the rule of law, and offers justice to victims of atrocities,” said the Council on Foreign Relations (CFR) think tank. Yet it has also “faced criticism from many parties” and has been fundamentally weakened by the refusal of several major powers to join. As well as the US, Russia and China, non-signatories include India, Egypt, Iran, Israel, Sudan, Syria, Ethiopia, Indonesia, Iraq, North Korea, Saudi Arabia and Turkey.
Recent arrest warrants for national leaders including Russia’s Vladimir Putin and Israel’s Benjamin Netanyahu have “generated mixed reactions from Washington and raised questions over the future of the court”.
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