War crimes are serious violations of international humanitarian and/or criminal law committed in the context of an armed conflict, whether international or non-international. They include wilful killing, torture or inhuman treatment, willfully causing serious injury to body and health (including attacks on hospitals, medical personnel and civilian objects), pillaging and the use of prohibited weapons. They are a violation of the core principles of international law – military necessity, distinction, humanity and proportionality – as reflected in the laws of war treaties such as the 1949 Geneva Conventions and their 1977 Additional Protocols, and the Rome Statute of the International Criminal Court.
Genocide and ethnic cleansing are well-defined crimes, but the definition of crimes against humanity is less clear. Crimes against humanity are acts of large-scale or systematic violence, including murder, extermination, enslavement, deportation and forcible transfer of populations, imprisonment, persecution, torture, grave forms of sexual violence, and other inhumane acts. They are committed either on a large scale in relation to the number of victims or in terms of their extension over a geographic area, and must be carried out with knowledge or intent.
As a rule, people are only tried for war crimes if their side loses the war. This can make the trials look like revenge trials and may contribute to the continuing stigma surrounding these crimes. Amnesty International has been at the forefront of campaigns to change this. For example, we helped win the first binding Arms Trade Treaty, which will ensure that the human rights impact of arms transfers is considered before they are approved.
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