A Brief Guide To War Crimes And How They Are Punished

Various types of crimes are handled differently depending on national or local laws — but there’s one that pretty much everybody seems to agree should be punished severely. They’re called “war crimes” and discussions about them have abounded as the Israel-Hamas war rages on.

But while you’ve probably heard of them, how much do you actually know? Let’s take a look at the past, present, and possible future of war crimes.

Starting off in Geneva

The “Geneva Conventions” are frequently referenced in conversations about war crimes … and for good reason. International agreements have been reached through these negotiations dating back to 1864, but those provisions were expanded considerably in the aftermath of World War II atrocities.

The Geneva Convention of 1949 resulted in the enactment of Article 3, which essentially puts the onus on militaries to limit the civilian casualties. This standard has gained widespread approval and has been adopted by 196 nations.

Who gets to decide?

While it sounds good to declare that militaries must not target civilians during war, it’s not always that simple in practice. When such charges are filed, there can be some confusion about where the trial will be held and who should be held responsible.

Both military leaders and rank-and-file combatants can face trial in one of two venues:

• An international court or tribunal
• Courts in a “universal jurisdiction” country

How war crimes are punished

So what happens when the case goes to trial? As you might imagine, it can be difficult to collect evidence from within an active war zone.

Nevertheless, there have been some clear cut cases that ended with a conviction … like the 1961 trial of Nazi officer Adolf Eichmann. That proceeding was broadcast all over the world from a court in Israel and he was ultimately sentenced to death.

Chris Agee October 21st, 2023

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