Muzzakir:

· International law has ‘Laws of War’ which orders a set of permitted acts and non-
permitted acts to all involved stakeholders during the conflicts.

· Among these international laws, the geneva conventions is the most significant which
includes 4 conventions and 3 additional protocols.

· War crimes have been clearly defined in Art. 147 of the fourth geneval convention.
Which says- war crimes as “wilful killing, torture or inhuman treatment, including …
wilfully causing great su ering or serious injury to body or health, unlawful
deportation or transfer or unlawful confinement of a protected person … taking of
hostages and extensive destruction and appropriation of property, not justified by military
necessity and carried out unlawfully and wantonly”.

We have three international recognised atrocity crimes-

Difference between war crimes, crimes against humanity, and genocide

The oldest of those atrocity are war crimes. We had some concept of war crime from centuries
that in the concept of war, sometimes soldiers do something that criminal.
Its still a criminal behaviour even it occurs in the context of war.

· War crimes- rape,looting, pillaging during wartime (pillaging- to rob using violence)

In the early 1900s, we added two words crime against humanity and genocide

· War crime could be one single incident

· A crime against humanity has to be a lot of incidents (incidents that are very systematic in
nature, and organized)
· And the crime of Genocide dates to 1948 that crime has specific intent to destroy racial,
ethnic,national or religious groups.

The same type of crime (rape) could be fit into any of these categories.

(rape is prosecuted as war crime, crime against humanity, also been prosecuted as the crime of
genocide.
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The three main pillars of humanitarian law are the principles of distinction, proportionality and
precaution which the Rome Statute of the International Criminal Court considers. If any or all of
these principles are violated, it could be found that a war crime has been committed.

· According to the International Committee of the Red Cross (ICRC), the principle of
proportionality prohibits military objectives that are “expected to cause incidental loss of
civilian life, injury to civilians, damage to civilian objectives, which would be excessive
in relation to the concrete and direct military advantage anticipated”.
· attacks constitute violations of the Rome Statute if they are clearly excessive in relation
to the direct overall military advantage anticipated.
· The principle of distinction requires distinguishing between combatants and civilians.
The principle criminalises direct and intentional attacks against civilians in armed conflict
situations.
· Stephan Ojeda, a legal adviser at the ICRC, points to the increasingly blurred distinction
between civilian and military functions that make it increasingly di cult to adhere to the
principle of distinction.
(example- HAMAS)
· Ojeda said this is made more complex by the intermingling of armed actors with the
civilian population that occurs, especially in urban fighting. This is further aggravated by
the wide variety of tasks performed by civilians in armed conflicts and the complexity of
modern means of warfare.

· The principle of precaution holds that in the conduct of hostilities during an armed
conflict, parties to the conflict must seek to avoid or minimise harm to the civilian
population. The willful failure to adhere to this principle could constitute a war crime.

Sidra:

History of War Crime-The set of rules for conflict and war times have always been in existence.
The great epic mahabharata contains several ethical principles for war time. For eg: Attacking
enemy after the sunset was not allowed in mahabharata.
According to the Geneva Convention, the signatory parties are the authority to persecute such
war criminals. However, since 1990s, International Tribunals have started implementing them.
However, after 1990s Interntional Tribunal have started implementing them. Which include
yugoslavian tribunal and rwandan tribunal.

Rome Statute gave birth to the “International Criminal Court (ICC)” IN 2002. The mandate of
the ICC is to persecute individuals who have committed war crimes and crimes against
humanity.

ICC heard several cases of war crimes. which include Jean-Pierre Bemba He was accused of
commiting mass rapes in Central African Republic.

Ntaganda Case- ICC found members of Congotese Armed group were involved in mass sexual
crimes.

In spite of the near-universal ratification of the Geneva Conventions, war crimes often go
unpunished.

According to Mark Drumbl, professor of law at Washington and Lee University, this can be
attributed to several factors, including di culties in obtaining evidence beyond a reasonable
doubt, high requirements such as proving intention and, most importantly, power politics.

The office of Bensouda has already started inquiry against israel for the war crimes commited in
2014 in Gaza Conflict ona request of Palestinian Authority. Though Israel and US are not parties
of ICC. Israel has rejected the jurisdiction of ICC. This is the example oh how powers politics
restricts International Law to be applied.

It is true that punishing war crimes perpatrators is difficult but some successful cases have
also happened.

· HERBERT HUBNER- german soldier accused for deporting polish people during ww2
wa jailed for 15 years after Nuremberg Trials.
· Adolf Eichmann- awarded death penalty in jerusalem trials for his Nazi war crimes.
· Radojan Karadzic- bosnian politician- awarded life imprisonment for 11 war crimes.

· Milan Martic-president of Croatian serbs-awarded 35 years imprisonment for war crimes

commited in croatian war of independence.
· Rwandan Genocide- The prosecution of individuals involved in the Rwandan Genocide
serves as a notable example of the effectiveness of international laws. The International
Criminal Tribunal for Rwanda (ICTR), established by the United Nations, successfully
prosecuted individuals responsible for planning and executing the genocide.

To understand the present, we must look to the past. The 20th century witnessed atrocities
like the Holocaust and the Nuremberg Trials, prompting the development of international
laws.

Significant Instances:

Holocaust: During World War II, the Holocaust stands as one of the most egregious instances
of genocide. Six million Jews were systematically persecuted and murdered by the Nazis.
The sheer scale and brutality of this event shocked the world and highlighted the urgent need
for a collective response to prevent such atrocities.

Nuremberg Trials: Post-World War II, the international community convened the Nuremberg
Trials to prosecute prominent leaders of the defeated Nazi regime for war crimes and crimes
against humanity. This marked a crucial turning point, establishing the principle that
individuals could be held accountable for acts committed during times of conflict.

Suhail:

Now we will discuss, Contemporary Issues in War Crimes and Genocide

Ongoing Challenges in Prevention and Prosecution:

Complex Conflicts: Non-state actors and technological warfare pose challenges in identifying
and prosecuting responsible parties.

Legal Ambiguity: Defining and prosecuting war crimes become complex in the context of
modern conflicts.

2. Hybrid Conflicts:
Definition: Conflicts involving a mix of conventional and irregular tactics blur the lines
between war and peace.

Legal Ambiguity: The evolving nature of hybrid conflicts complicates the application of
traditional legal frameworks.

3. Involvement of Non-State Actors:

Accountability Challenges: Non-state actors may escape accountability due to a lack of clear
legal frameworks.

Responsibility to Protect: Enforcing the responsibility to protect civilians becomes

challenging with non-state entities involved.

4.Refugee Crises and Displacement:

Mass Displacement: Armed conflicts and genocide contribute to large-scale displacement,

leading to humanitarian crises.

Limited Legal Protections: Existing legal frameworks struggle to adequately address the
rights and protection of displaced populations.

5.Global Pandemics and Humanitarian Crises:

Impact on Vulnerable Populations: Pandemics and crises exacerbate vulnerabilities,

increasing the risk of violence and exploitation.

Strain on International Response: These crises strain the capacity of international

organizations to respond effectively.

Contemporary issues in war crimes and genocide involve complex geopolitical dynamics,
evolving conflict scenarios, and challenges in international legal frameworks.

Here are some points for Public Awareness and Accountability" in the context of war crimes
and genocide:
 Educating the Public: Raising awareness among the general public about war crimes and
genocide is crucial for fostering a sense of responsibility and collective action.

Preventing Indifference: Public awareness helps prevent indifference by highlighting the

human cost of such atrocities, encouraging advocacy for preventive measures.

2. Media's Role in Shaping Perception:

Information Dissemination: Media plays a pivotal role in disseminating information about

ongoing conflicts and atrocities, influencing public perceptions.

Challenges: However, challenges such as misinformation and biased reporting can impact the
accuracy of public understanding.

Public awareness and accountability are integral components in preventing and addressing
war crimes and genocide. Informed and engaged citizens, supported by media, NGOs, and
education, play a vital role in shaping a world that is vigilant, responsive, and committed to
preventing mass atrocities.

Conclusion-

Critics claim that war crimes are mainly brought in against only those countries which are either
defeated or weak. No actions are taken against the powerful states. The lack of war crimes
againtst, powerful countries reflect in Israel-Palestine war, Armenia- Azerbaijan case and in
cases related to the US and China. No conclusive investigation can be seen in any of these
issues. Also world’s rebel groups and terrorist organizations are involved in these war crimes but
because of the support from the powerful states they have been successful to escape the trials.
We are concluding the presentation on high hopes that world leaders in future will discuss this
issue objectively to find the solution together to establish a rule based order in this world.

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thank you