List of war crimes

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This article lists and summarizes War Crimes committed since the Hague Conventions of 1907. In addition, those incidents which have been judged in a court of law to be Crimes Against Peace, and Crimes against Humanity that have been committed since these crimes were first defined, (in the London Charter, August 8, 1945,) are also included.<ref>This list is a work in progress and is not complete</ref>

Since many international crimes are not ultimately prosecuted, either for lack of political will, lack of effective procedures, or other practicalities, interests or hinderances, this list perforce contains cases where it is alleged that prima facie an international crime has occurred. In such cases the facts are given, and the reader must make up their own mind whether the case is valid or invalid, since no definitive court ruling will yet exist.

War crimes as a special legal category have been firmly established by the 1945 Nuremberg Major War Crimes Trials, in which German leaders were prosecuted for war crimes committed during World War II. For purpose of selectivity, only war crimes since the customary laws of war were clarified in the Hague Conventions of 1907 are included, because in the judgement at the Major War Crimes Trial in Nuremberg in 1945, it was stated that "by 1939 these rules laid down in the Hague Convention of 1907 were recognised by all civilised nations, and were regarded as being declaratory of the laws and customs of war".<ref>Jugement: The Law Relating to War Crimes and Crimes Against Humanity</ref>

Military personnel were involved in incidents which were war crimes that were investigated at the time, and led to courts-martial. Other incidents are alleged by historians to have been crimes under the law of war in operation at the time, but that for a variety of reasons were not investigated at the time, or they were investigated and a decision was taken not to prosecute.

Contents

World War I

German perpetrated crimes

Incident type of crimePersons responsibleNotes
World War IWar of aggressionGovernment of the German Empire and people of Germany

Article 231 of the Treaty of Versailles (the 'war guilt' clause) held Germany solely responsible for waging a war of aggression, and thus for all 'loss and damage' suffered by the Allies during the war and provided the basis for reparations. It was widely seen as "victors justice" and unfair, in Germany, and resentment against this judgement helped fuel World War IITemplate:Fact.

Turkish perpetrated crimes

Incident type of crimePersons responsibleNotes
Armenian Genocide<ref name="Turkey1915"> 1915 Affirmation of the United States Record on the Armenian Genocide Resolution (Introduced in House of Representatives) 109th Congress, 1st Session, H.RES.316, June 14, 2005. 15 September 2005 House Committee/Subcommittee:International Relations actions. Status: Ordered to be Reported by the Yeas and Nays: 40 - 7.</ref> Crimes against humanity (so called in a joint statment issued by the major Allied powers in 1915)<ref name="Turkey1915"/> The post-World War I Turkish Government indicted the top leaders involved and the officials of the Young Turk Regime were tried and convicted, as charged, for organizing and executing massacres against the Armenian people. The chief organizers were the Minister of War Enver, the Minister of the Interior Talaat, and the Minister of the Navy Jemal were all condemned to death for their crimes, however, the verdicts of the courts were not enforced.<ref name="Turkey1915"/>On 15 September 2005 an United States Congressional resolution stated that "The Armenian Genocide was conceived and carried out by the Ottoman Empire from 1915 to 1923, resulting in the deportation of nearly 2,000,000 Armenians, of whom 1,500,000 men, women, and children were killed, 500,000 survivors were expelled from their homes, and which succeeded in the elimination of the over 2,500-year presence of Armenians in their historic homeland."<ref name="Turkey1915"/>

1935-1936: Second Italo-Abyssinian War

Armed conflict perpetrator
Second Italo-Abyssinian WarItaly
Incident type of crimePersons responsibeNotes
Italian use of mustard gas against enemy soldiers and civilians.Contravention of the 1925 Geneva ProtocolTemplate:Fact. Top commanding officer Gen. Pietro Badoglio indicted but never tried in courtTemplate:Fact.Invasion of Ethiopia and Somalia by Italy under Benito Mussolini.

1937-1945: Second Sino-Japanese War

This section includes war crimes until 8 December 1942 when China declared war on Japan so entering World War II. For war crimes after this date see the section called World War II: Japan perpetrated crimes.

Armed conflict perpetrator
Sino-Japanese War (1937-1945)Japan
Incident type of crimePersons responsibeNotes
Nanjing Massacre<ref>References in the article</ref>, China, 1937-38Mass murder of civilian population, rape, looting General Asaka Yasuhiko, commander, Japanese Shanghai Expeditionary Force, Imperial Japanese Army. General Iwane Matsui, Commanding general of Japanese forces in China, Imperial Japanese Army. Minister of War Hideki Tojo. Debate still is ongoing as to the culpability of Emperor Hirohito in the events.

After the Battle of Nanking, on 13 December, 1937, Japanese entered the city virtually resistance free. From then for a period of about 6 weeks after, until early February 1938, widespread war crimes were committed including mass rape, looting, arson, the killing of civilians and prisoners of war.

1939-1945 World War II

Axis powers

Italian perpetrated crimes

German perpetrated crimes

According to the Nuremburg Trials, there were four major war crimes that were alleged against Germany, each with individual events that made up the major charges.

1. Particiaption in a common plan of conspiracy for the accomplishment of crimes against peace

2. Planning, initiating and waging wars of aggression and other crimes against peace

3. War Crimes These were limited to atrocities against combatants or conventional crimes committed by military units, and include:

4. Crimes against Humanity These were crimes that were committed well away from the lines of battle and were unconnected in any way to military activity.

Other crimes against humanity included:

Well over 10 million people were systematically killed by the Nazi regime (Some accountings place the figure at over 20 million) from crimes against humanity, in particular the Holocaust. Of this figure, the largest amount of deaths happened among the Jews. The common estimate is that 5 to 6 million Jews were killed by the Nazis, although a complete count may never be known. After the war, the Nazi regime was put on trial in two tribunals in Nuremberg, Germany by the victorious Allied powers from 1945 to 1949. The first tribunal indicted 24 major Nazi war criminals, and resulted in 19 convictions (of which 12 led to death sentences) and 3 acquittals. The second tribunal indicted 185 members of the military, economic, and political leadership of Nazi Germany, of which 142 were convicted and 35 were acquitted. In subsequent decades, approximately 20 additional war criminals who escaped capture in the immediate aftermath of World War II were tried in West Germany and Israel. In Germany and many other European nations, the Nazi Party is outlawed.

Hungarian perpetrated crimes

Incident type of crimePersons responsibleNotes
Ip massacreTemplate:FactTemplate:FactTemplate:Unreferenced
Treznea massacreTemplate:FactTemplate:FactTemplate:Unreferenced

Japanese perpetrated crimes

See also: Japanese war crimes

This section includes war crimes from 8 December 1942 when China declared war on Japan so entering World War II. For war crimes before this date which took place during the Second Sino-Japanese War please see the section above called 1937-1945: Second Sino-Japanese War.

Incident type of crimePersons responsibleNotes
World War IICrimes against peace Were tried by the International Military Tribunal for the Far East
Banka Island Massacre<ref>References in the article</ref>, Dutch East Indies, 1942Template:Fact Vivian Bullwinkel gave evidence of the massacre at a war crimes trial in Tokyo in 1947<ref>Banka Island Massacre (1942)</ref> The merchant ship Vyner Brooke was sunk by Japanes aircraft. The survivors who made it to Banka Island were all were shot or bayonetted. One nurse Vivian Bullwinkel survived the massacre.
Bataan Death March<ref>References in the article</ref>, Philippines, 1942<ref>References in the article</ref>Template:Fact General Masaharu Homma was convicted by an Allied commission of war crimes, including the atrocities of the death march out of Bataan, and the atrocities at Camp O'Donnell and Cabanatuan that followed. He was executed on April 3, 1946 outside Manila. Approximately 75,000 Filipino and US soldiers, commanded by Major General Edward P. King, Jr. formally surrendered to the Japanese, under General Masaharu Homma, on April 9, 1942, which forced Japan to accept emaciated captives outnumbering them. Captives were forced to march, beginning the next day, about 100 kilometers north to Nueva Ecija to Camp O'Donnell, a prison camp. Prisoners of war were beaten randomly and denied food and water for several days. Those who fell behind were executed through various means: shot, beheaded or bayoneted.
Parit Sulong massacre<ref>References in the article</ref>, Malaysia, 1942Template:Fact Lieutenant General Takuma Nishimura, was convicted for this crime by an Australian Military Court and hanged on June 11, 1951.<ref>http://www.thisisfolkestone.co.uk/ms/info/massacresinthepacific.htm</ref> Recently captured Australian and Indian POWs, who had been too badly wounded to escape through the jungle, were murdered by Japanese soldiers. Accounts differ on how they were killed. Two wounded Australians managed to escape the massacre and provide eyewitness accounts of the Japanese treatment of wounded prisoners of war, as did locals who witnessed the massacre. Official records indicate that 150 wounded men were killed.
Laha massacre<ref>References in the article</ref>,1942Template:Fact In 1946, the Laha massacre and other incidents which followed the fall of Ambon became the subject of the largest ever war crimes trial, when 93 Japanese personnel were tried by an Australian tribunal, at Ambon. Among other convictions, four men were executed as a result. An SNLF Captain, Kunito Hatakeyama, who was in direct command of the four massacres, was hanged; Rear Admiral Koichiro Hatakeyama, who was found to have ordered the killings, died before he could be tried.<ref>Fall of Ambon Massacred at Laha</ref> After the battle Battle of Ambon, more than 300 Australian, Dutch (and probably US) prisoners of war were chosen at random and summarily executed, at or near Laha airfield in four separate massacres. "The Laha massacre was the largest of the atrocities committed against captured Allied troops in 1942."<ref> Dr Peter Stanley The defence of the 'Malay barrier': Rabaul and Ambon, January 1942 principal historian to Australian War Memorial</ref>.
Alexandra Hospital massacre, Battle of Singapore, 1942 General Tomoyuki Yamashita who commanded the Japanese army, had the officer responsible for the massacre executedTemplate:Fact. At about 1pm on February 14, Japanese soldiers approached Alexandra Barracks Hospital. Although no resistance was offered, some of them shot or bayoneted staff members and patients. More staff and patients were murdered over the next two days<ref>Template:Cite web</ref>.
Sook Ching Massacre, 1942 In 1947, the British Colonial authorities in Singapore held a war crimes trial to bring the perpetrators to justice. Seven officers, were charged with carrying out the massacre. While Lieutenant General Saburo Kawamura, Lieutenant Colonel Masayuki Oishi received the death penalty, the other five received life sentences The massacre was a systematic extermination of perceived hostile elements among ethnic Chinese Singaporeans by the Japanese military administration during the Japanese Occupation of Singapore, after the British colony surrendered in the Battle of Singapore on 15 February 1942.
Manila Massacre Tomoyuki YamashitaYamashita Standard
Unit 100
Unit 731 12 members of the Kantogun were found guilty for the manufacture and use of biological weapons. Including: General Yamada Otsuzo, former Commander-in-Chief of the Kwantung Army and Major General Kawashima Kiyoshi, former Chief of Unit 731. The Soviet Union tried some members of Unit 731 at the Khabarovsk War Crime Trials. However those who surrendered to the Americans were never brought to trial as General Douglas MacArthur, Supreme Commander of the Allied Powers, secretly granted immunity to the physicians of Unit 731 in exchange for providing America with their research on biological weaponsTemplate:Fact.
Unit 8604Template:Fact Template:Fact
Unit 9420Template:FactTemplate:Fact
Unit Ei 1644<ref>References in the article</ref>Template:FactTemplate:FactUnit 1644 conducted tests to determine human susceptibility to a variety

of harmful stimuli ranging from infectious diseases to poison gas. It was the largest germ experimentation center in China. Unit 1644 regularly carried out human vivisections as well as infecting humans with cholera, typhus, and bubonic plague.

construction of Burma-Thai Railway, the "Death Railway"Template:FactTemplate:Fact
Comfort WomenTemplate:FactTemplate:FactIt is alleged that some women were forced to work in Japanese military brothels.
Sandakan Death Marches Three Allied POWs survived to give evidence at war crimes trials in Tokyo and Rabaul. Hokijima was found guilty and hanged on April 6, 1946Template:Fact Template:Unreferenced
War Crimes in Manchukuo Template:Unreferenced
War Crimes in the Pacific Template:Unreferenced
War Crimes in Asia Mainland Template:Unreferenced
Kaimingye germ weapon attack Template:Fact Template:FactThese alleged attacks were a joint Unit 731 and Unit Ei 1644 endeavor.
Alleged Changteh Chemical Weapon Attack April and May, 1943Template:FactTemplate:FactAlledged Chemical weapons supplied by Unit 516.

Romanian perpetrated crimes

Incident type of crimePersons responsibleNotes
Iasi pogromTemplate:FactTemplate:Fact
Odessa massacreTemplate:FactTemplate:Fact

Allied powers

Main article Allied war crimes

Soviet Union perpetrated crimes

Concurrent with World War II
Incident type of crimePersons responsibleNotes
Katyń massacreTemplate:Fact
World War II
Incident type of crimePersons responsibleNotes
Nemmersdorf, East PrussiaAlledged pillage, and rape and murder of civilians, in contravention of Hague Conventions of 1907 "IV - The Laws and Customs of War on Land"<ref name="HagueIV">IV - The Laws and Customs of War on Land in the Avalon Project at Yale Law School</ref> Articles: 28,43,46,47,50Template:FactNo prosecutionsTemplate:FactNemmersdorf (today Mayakovskoye in Kaliningrad) was one of the first German settlements to fall to the advancing Red Army on October 22, 1944. It was recaptured by the Germans soon afterwards and the German authorities reported that the Red Army killed civilians there. Nazi propaganda widely disseminated the description of the event with horrible details, supposedly to boost the determination of German soldiers to resist the general Soviet advance. Because the incident was investigated by the Nazis and reports were disseminated as Nazi propaganda, discerning the facts from the fiction of the incident is difficult.
occupation of East PrussiaAlleged war crimes in contravention of Hague Conventions of 1907 "IV - The Laws and Customs of War on Land"<ref name="HagueIV"/>Template:FactWar crimes committed by Soviet troops in the areas of Germany occupied by the Red Army<ref> Excerpt, Chapter one The Struggle for Europe: The Turbulent History of a Divided Continent 1945-2002 - William I. Hitchcock - 2003 - ISBN 0385497989 (No pages cited)</ref><ref>A Terrible Revenge: The Ethnic Cleansing of the East European Germans, 1944-1950 - Alfred-Maurice de Zayas - 1994 - ISBN 0312121598 (No pages cited)</ref><ref>Barefoot in the Rubble - Elizabeth B. Walter - 1997 - ISBN 0965779300 (No pages cited)</ref>
Battle of BerlinMass rape<ref> Antony Beevor They raped every German female from eight to 80 in The Guardian May 1, 2002 </ref>
Evacuation of Karafuto and KurilesTemplate:Fact
Evacuation of Manchukuo Template:Fact


Post World War II
Incident type of crimePersons responsibleNotes
Special Camp No. 7, SachsenhausenTemplate:FactTemplate:Fact

United Kingdom perpetrated crimes

Incident type of crimePersons responsibleNotes
Unrestricted submarine warfare against merchant shippingBreach of London Naval Treaty(1930)no prosecutionsIt was the conclusion of the Nuremberg Trials of Karl Dönitz the Britain had been in breach of the Treaty "in particular of an order of the British Admiralty announced on the 8 May, 1940, according to which all vessels should be sunk at sight in the Skagerrak"<ref name="NT">Judgement : Doenitz the Avalon Project at the Yale Law School</ref>

United States perpetrated crimes

Incident type of crimePersons responsibleNotes
Unrestricted submarine warfare against merchant shippingBreach of London Naval Treaty(1930)no prosecutionsDuring the post war Nuremberg Trials, in evidence presented at the trial of Karl Dönitz on his orders to the U-boat fleet to breach the London Rules, Admiral Chester Nimitz stated that unrestricted submarine warfare was carried on in the Pacific Ocean by the United States from the first day that nation entered the war.<ref name="NT"/>
Canicatti slaughterMurder of civiliansno prosecutionsDuring the Allied invasion of Sicily, at least a dozen unarmed Italian civilians, including six children, were killed by U.S. military policemen. The incident was covered up fearing that it would lead to reprisals from the civilian population. See the artcile for citations
Biscari massacreMurder of POWsSergeant Horace T. West: court-martialed and was found guilty, stripped of rank and sentenced to life in prison, though he was later released as a private. Captain John T. Compton was court-martialed for killing 40 POWs in his charge. He claimed to be following orders. The investigating officer and the Judge Advocate declared that Compton's actions were unlawful, but he was acquitted. Following the capture of Biscari Airfield in Sicily on July 14, 1943, seventy-six German and Italian POWs were shot by American troops of the 180th Regimental Combat Team, 45th Division during the Allied invasion of Sicily. These killings occurred in two separate incidents between July and August 1943.
Dachau massacreMurder of POWsTemplate:Fact
Post World War II
Incident type of crimePersons responsibleNotes
Salina, Utah POW massacreMurder of POWsPrivate Clarence V. Bertucci determined to be insane and confined to a mental institution Private Clarence V. Bertucci fired a machine gun from one of the guard towers into the tents that were being used to accommodate the German prisoners of war. Nine were killed and 20 were injured.
Rheinwiesenlager<ref> U.S. (and French) abuse of German PoWs, 1945-1948 </ref>Deaths of POWsno prosecutionsThe Rheinwiesenlager (Rhine meadow camps) were transit camps for millions of German POWs after World War II. There were some deaths, with a few thousand German POWs dying from starvation and exposure.

1943-1945: World War II (Yugoslavian partisans)

  • 1943-1945
  • Murder of prisoners of war and civilians
  • Following Italy's 1943 armistice with the Allied powers, Yugoslavian resistance forces executed an estimated 1,300-1,600 Italian troops and ethnic Italians living in Slovenian/Yugoslav territories adjacent to Italy. See: Foibe massacres

1968-1973: Vietnam War

United States

United States:

  • Murder of civilians. Invasion and War of aggression.
  • In March, 1968, a US army platoon led by Lt. William Calley killed hundreds of civilians – primarily women, children, and old men - in the village of My Lai.
  • In 1969 and 1970, the United States conducted extensive and secret bombing missions against alleged North Vietnamese targets in the neighboring countries of Cambodia and Laos, and invaded Cambodia. The Cambodian bombing campaign caused an estimated 200,000 casualties.
  • 26 US soldiers, including 14 officers, were charged with crimes related to the My Lai massacre and its coverup. Most of the charges were eventually dropped, and only Lt. Calley was convicted. He was sentenced to life imprisonment but pardoned by President Richard Nixon. Calley served only 3½ years under house arrest.
  • When Henry Kissinger visited London in 2002, a petition was made for an arrest warrant in connection with Kissinger's activities in relation to the Vietnam war as Secretary of State under U.S. President Richard Nixon. In 2001, an article in Harper's Magazine accused Kissinger of war crimes in connection with the bombing and invasion of Cambodia.

North Vietnam

North Vietnam:

  • Murder of civilians. Mistreatment of prisoners of war.
  • North Vietnamese troops executed 2500 civilians while occupying the city of Hue in 1968. An additional 3500 people are suspected to have been executed, but never found. See: Massacre at Hue.
  • U.S. Prisoners of war held at the so-called "Hanoi Hilton" were subject to torture and other mistreatment by their North Vietnamese captors.
  • Hundreds of Thousands of South Vietnamese perished in the concentration or "re-education" camps shortly after the fall of Saigon (now Ho Chi Minh City)

1971: Bangladesh War

Armed conflict perpetrator
1971 Bangladesh WarPakistan
Incident type of crimePersons responsibeNotes
1971 Bangladesh atrocities Alledegedly the Pakistan Government, and the Pakistan Army and its local collaborators, however there have been no war crime trials to extablish their guiltTemplate:Fact During the Bangladesh War of 1971, widespread atrocities were committed against the Bengali population of East Pakistan (now Bangladesh), at a level that within Bangladesh, ‘genocide’ is the term that is still used to describe the event in almost every major publication and newspaper<ref name="bangladeshobserver">Editorial The Jamaat Talks Backin The Bangladesh Observer December 30, 2005</ref><ref name="Dr.N.Rabbee">Dr. N. Rabbee Remembering a Martyr Star weekend Magazine, The December 16, 2005</ref>. Although and the word ‘genocide’ was and is still used frequently amongst observers and scholars of the events that transpired during the 1971 war, the allegations that a genocide took place during the during the Bangladesh War of 1971 were never investigated by an international tribunal set up under the auspices of the United Nations, so the alleged genocided is not recognised as a genocide under international law.
Civilian Casualities The number of civilians that died in the liberation war of Bangladesh is not known in any reliable accuracy. There has been a great disparity in the casualty figures put forth by Pakistan on one hand (26,000, as reported in the Hamoodur Rahman Commission<ref>Hamoodur Rahman Commission, Chapter 2, Paragraph 33</ref>) and India and Bangladesh on the other hand (From 1972 to 1975 the first post-war prime minister of Bangladesh, Sheikh Mujibur Rahman, mentioned that 3 million died on a dozen occasions<ref>F. Hossain Genocide 1971 Correspondence with the Guiness Book of Records on the number of dead</ref>).
Atrocities on women and minorities The minorities of Bangladesh, especially the Hindus, were specific targets of the Pakistan army <ref name="usconsulate_cable_march31">U.S. Consulate (Dacca) Cable, Sitrep: Army Terror Campaign Continues in Dacca; Evidence Military Faces Some Difficulties Elsewhere, March 31, 1971, Confidential, 3 pp</ref>. Numerous East Pakistani women were tortured, raped and killed during the war. The exact numbers are not known and are a subject of debate. Bangladeshi sources cite a figure of 200,000 women raped, giving birth to thousands of war-babies. Some other sources, for example Susan Brownmiller, refer to an even higher number of over 400,000. Pakistani sources claim the number is much lower, though having not completely denied rape incidents.<ref>Debasish Roy Chowdhury 'Indians are bastards anyway' in Asia Times June 23, 2005

"In Against Our Will: Men, Women and Rape, Susan Brownmiller likens it to the Japanese rapes in Nanjing and German rapes in Russia during World War II. "... 200,000, 300,000 or possibly 400,000 women (three sets of statistics have been variously quoted) were raped.""</ref> <ref name="susanbrownmiller">Brownmiller, Susan, "Against Our Will : Men, Women, and Rape" ISBN 0449908208, page 81</ref><ref>Hamoodur Rahman Commission, Chapter 2, Paragraphs 32,34</ref>

Killing of intellectuals During the war, the Pakistan Army and its local collaborators carried out a systematic execution of the leading Bengali intellectuals. A number of university professors from Dhaka University were killed during the first few days of the war <ref name="SelectiveGenocide">Blood, Archer, Transcript of Selective Genocide Telex, Department of State, United States</ref><ref name="roy02homage">Ajoy Roy, "Homage to my martyr colleagues", 2002</ref>. However, the most extreme cases of targeted killing of intellectuals took place during the last few days of the war. On December 14, 1971, only two days before surrendering to the Indian military and the Mukhti Bahini forces, the Pakistani army – with the assistance of the Al Badr and Al Shams – systematicly executed well over 200 of East Pakistan's intellectuals and scholars.<ref>Shahiduzzaman No count of the nation’s intellectual loss The New Age, December 15, 2005</ref><ref>Killing of Intellectuals Asiatic Society of Bangladesh</ref>.

1980-1988: Iran-Iraq War

Armed conflict perpetrator
Iran-Iraq WarIraq
Incident type of crimePersons responsibeNotes
Waging a war of aggressionTemplate:FactIraqi GovernmentIn 1980, Iraq invaded neighboring Iran, allegedly to capture Iraqi territory held by Iran.
Use of chemical weaponsTemplate:Fact Iraq made extensive use of chemical weapons, including mustard gas and nerve agents such as tabun. Iraqi chemical weapons were responsible for over 100,000 Iranian casualties (including 20,000 deaths)Template:Fact.
Attacks against parties not involved in the warTemplate:Fact Iraq attacked oil tankers from neutral nations in an attempt to disrupt enemy trade
Halabja poison gas attackDutch court has ruled that the incident involved War Crimes and Genocide. To date no prosecutions of Iraqi nationals.
Frans van Anraat war crime.
Iraq also used chemical weapons against their own Kurdish population causing casualties estimated between several hundred up to 5,000 deathsTemplate:Fact. On December 23 2005 a Dutch court ruled in a case brought against Frans van Anraat for supplying chemicals to Iraq, that "[it] thinks and considers legally and convincingly proven that the Kurdish population meets the requirement under the genocide conventions as an ethnic group. The court has no other conclusion that these attacks were committed with the intent to destroy the Kurdish population of Iraq." and because he supplied the chemicals before 16 March 1988, the date of the Halabja attack, he is guilty of a war crime but not guilty of complicity in genocide.<ref>Dutch court says gassing of Iraqi Kurds was 'genocide' by Anne Penketh and Robert Verkaik in The Independent December 24 2005</ref><ref>Dutch man sentenced for role in gassing death of Kurds CBC December 23 2005</ref>
Armed conflict perpetrator
Iran-Iraq WarIran
Incident type of crimePersons responsibeNotes
Attacks against parties not involved in the warTemplate:FactIran attacked oil tankers from neutral nations in an attempt to disrupt enemy trade.
Laid mines in international watersTemplate:Fact Mines damanged the US frigate USS Samuel B. Roberts

Circa 1985-: Lord's Resistance Army v. Ugandan Government (kidnap, rape, and forced murder involving children)

  • 20 years warfare
  • The Times reports (Nov 26 2005 p.27):
Almost 20 years of fighting... has killed half a million people. Many of the dead are children... The LRA kidnaps children and forces them to join its ranks. And so, incredibly, children are not only the main victims of this war, but also its unwilling perpetrators... The girls told me they had been given to rebel commanders as "wives" and forced to bear them children. The boys said they had been forced to walk for days knowing they would be killed if they showed any weakness, and in some cases forced even to murder their family members... every night up to 10,000 children walk into the centre of Kitgum... because they are not safe in their own beds... more than 25,000 children have been kidnapped ...this year an average of 20 children have been abducted every week.

?: Serbia/Bosnia (Former Yugoslavia, aggravated by religious tension)

1990-2000: Liberia / Sierra Leone

From The Times March 28 2006 p.43:

"Charles Taylor, the former Liberian President who is one of Africas most wanted men, has gone into hiding in Nigeria to avoid extradition to a UN war crimes trimbunal... The UN war crimes tribunal in Sierra Leone holds Mr taylor responsible for about 250,000 deaths. Throughout the 1990s, his armies and supporters, made up of child soldiers orphaned by the conflict wreaked havoc through a swath of West Africa. In Sierra Leone he supported the revolutionary United Front whose rebel fighters were notorious for hacking off the limbs of civilians.
  • Current action - Indicted on 17 counts of war crimes and crimes against humanity by the UN, which has issues an international warrant for his arrest. As of April 2006 located and facing trial.

1990: Invasion of Kuwait

Armed conflict perpetrator
1990:Invasion of KuwaitIraq
Incident type of crimePersons responsibeNotes
Invasion of Kuwait"breach of international peace and security" (UN Security Council Resolution 660)Iraqi Government
Looting, raping and killing of civilians in KuwaitTemplate:Fact country devastated, resources wantonly destroyed

1998-2006: Second Congo War

See also: Cases before the International Criminal Court#Democratic_Republic_of_Congo

  • Civil war 1998-2002, est. 4 million deaths; war "sucked in" Rwanda, Uganda, Angola, Zimbabwe and Namibia, as well as 17,000 United Nations peacekeepers, its "largest and most costly" peace mission and "the bloodiest conflict since the end of the Second World War."
  • Fighting involves Mai-Mai militia and Congolese government soldiers. The Government originally armed the Mai-Mai as civil defence against external invaders, who then turned to banditry.
  • 100,000 refugees living in remote disease ridden areas to avoid both sides
  • Estimated 1000 deaths a day according to Oxfam:
"The army attacks the local population as it passes through, often raping and pillaging like the militias. Those who resist are branded Mai-mai supporters and face detention or death. The Mai-mai accuse the villagers of collaborating with the army, they return to the villages at night and extract revenge. Sometimes they march the villagers into the bush to work as human mules."

(Source: The Times World News, April 3 2006, p.29)

2003-2004: 2003 Invasion of Iraq, (USA and "Coalition of the Willing")

Armed conflict perpetrator
2003 Invasion of Iraq (ended with UN Security Council Resolution 1546)United States and "Coalition of the Willing"
Incident type of crimePersons responsibeNotes
2003 Invasion of IraqWaging a war of aggressionUnited States and "Coalition of the Willing"The International Criminal Court and the 2003 invasion of Iraq "the International Criminal Court has a mandate to examine the conduct during the conflict, but not whether the decision to engage in armed conflict was legal. As the Prosecutor of the International Criminal Court, I [(Luis Moreno-Ocampo)] do not have the mandate to address the arguments on the legality of the use of force or the crime of aggression".<ref name="Letter_2006-02-09">Luis Moreno-Ocampo Letter:Public reply with his conclusions allagationsof war crimes during the invasion of Iraq in March 2003 9 February 2006</ref>

The the German Federal Administrative Court on 21 June 2005 found that the war and Germany's involvement in it meet with grave concerns in terms of the rules of public international law. However, the Court did not make it totally clear that, in its opinion, the war and the contributions to it by the German Federal Government were outright illegal.<ref>Nikolaus Schultz Case Note – Was the war on Iraq Illegal? – The Judgment of the German Federal Administrative Court of 21 June 2005 in the German Law Journal No. 1 (1 January 2006)</ref>

Anti-war protesters in Britain have been given permission to present a case to the are at the centre of a landmark case at in front of the Law Lords that could test the legality of the Iraq war<ref>War protesters' plea to Law Lords BBC 20 February 2006</ref>.

Allegations of wilful killing or inhuman treatment of civiliansArticle 8 of the Rome Statute. Geneva Conventions and the additional Protocol I United States and "Coalition of the Willing"The International Criminal Court and the 2003 invasion of Iraq

As regards the allegations of wilful killing or inhuman treatment of civilians, Luis Moreno-Ocampo concluded that there was a reasonable basis to believe that crimes within the jurisdiction of the Court had been committed, namely wilful killing and inhuman treatment. He explained that the information available did support a reasonable basis for an estimated 4 to 12 victims of wilful killing and a limited number of victims of inhuman treatment, totaling in all less than 20 persons. But the crimes did not have sufficient gravity to come under Artile 8.1 and 53.1.a of of the Rome Statute<ref name="Letter_2006-02-09">Luis Moreno-Ocampo Letter:Public reply with his conclusions allagationsof war crimes during the invasion of Iraq in March 2003 9 February 2006 Page 8</ref>

Luis Moreno-Ocampo also noted that "the available information provided a reasonable basis with respect to a limited number of incidents of war crimes by nationals of States Parties, but not with respect to any particular incidents of indirect participation in war crimes." This means he did not find a reasonable basis to proceed against nationals of States Party to the Rome Statute on the basis of complicity in any war crimes carried out by non state parties (The United States), but it is not, as such, a finding that war crimes were carried out by non state parties. Luis Moreno-Ocampor did not express a conclusion on that matter since that was not within his competence.<ref name="Letter_2006-02-09">Luis Moreno-Ocampo Letter:Public reply with his conclusions allagationsof war crimes during the invasion of Iraq in March 2003 9 February 2006 Page 3, footnote 10</ref>


See also

Footnotes

<references/>

External links