Comprehensive Analysis Of War Crimes Under International Criminal Law
- IJLLR Journal
- May 19
- 1 min read
Diya Dalwadi, LL.M. (Criminal and Security Laws), Gujarat National Law University, Gandhinagar.
ABSTRACT
This paper provides a comprehensive analysis of the conceptual, historical, and procedural frameworks governing war crimes within international criminal law (ICL). It defines war crimes as serious breaches of international humanitarian law (IHL) that attract individual criminal responsibility, emphasizing the "constitutive" nexus between the prohibited conduct and the existence of an armed conflict. The study traces the evolution of this legal regime from early codifications like the 1863 Lieber Code to the transformative Nuremberg and Tokyo Trials, which shifted the focus of liability from states to individuals.
Central to the research is an exploration of foundational principles, including the principle of legality (nullum crimen sine lege), the doctrine of command responsibility, and the "holy trinity" of IHL: distinction, proportionality, and military necessity. The paper categorizes substantive offenses such as grave breaches, the use of prohibited weapons, the conscription of child soldiers, and sexual and gender-based violence. By examining landmark jurisprudence, including Tadić, Lubanga, Akayesu, and Bemba, the analysis illustrates how modern tribunals have adapted to the complexities of internal strife and "remote" command structures.
Finally, the paper addresses contemporary challenges, specifically the "crisis of credibility" caused by enforcement gaps and the tension between state sovereignty and universal justice. It concludes by advocating for strengthened positive complementarity and the integration of restorative justice mechanisms to ensure the impartial administration of international justice.
Keywords: War Crimes, International Humanitarian Law, Geneva Conventions, Rome Statute, Individual and Command Responsibility.
