57-544: The United States of America vs. Alfried Krupp, et al. , commonly known as the Krupp trial , was the tenth of twelve trials for war crimes that U.S. authorities held in their occupation zone at Nuremberg , Germany, after the end of World War II . It concerned the forced labor enterprises of the Krupp Group and other crimes committed by the company. These twelve trials were all held before U.S. military courts, not before
114-472: A belligerent party during and after an international armed conflict. The 1951 Refugee Convention and the 1967 Protocol Relating to the Status of Refugees has also given protection to people who have a well founded fear of persecution. Some researchers have included refugees and internally displaced persons in their definition of "civilian casualty". The civilian casualty ratio in an armed conflict
171-524: A war of aggression , or a war in violation of international treaties, agreements, or assurances. Because the definition of a state of "war" may be debated, the term "war crime" itself has seen different usage under different systems of international and military law. It has some degree of application outside of what some may consider being a state of "war", but in areas where conflicts persist enough to constitute social instability. The legalities of war have sometimes been accused of containing favoritism toward
228-570: A defendant in the main Trial of the Major War Criminals before the IMT (where he was considered medically unfit for trial). The judges in this case, heard before Military Tribunal III-A, were Hu C. Anderson (presiding judge), president of the court of appeals of Tennessee , Edward J. Daly from Connecticut , and William J. Wilkins from Seattle, Washington . The Chief of Counsel for
285-523: A duty to prevent" criminal behaviour by a military force. Despite having argued that he had obeyed superior orders , von Hagenbach was convicted, condemned to death , and beheaded. The Hague Conventions were international treaties negotiated at the First and Second Peace Conferences at The Hague , Netherlands, in 1899 and 1907, respectively, and were, along with the Geneva Conventions, among
342-658: A legal basis and framework for the conduct of war under international law. Every single member state of the United Nations has currently ratified the conventions, which are universally accepted as customary international law , applicable to every situation of armed conflict in the world. The Additional Protocols to the Geneva Conventions adopted in 1977 containing the most pertinent, detailed and comprehensive protections of international humanitarian law for persons and objects in modern warfare are still not ratified by several states continuously engaged in armed conflicts, namely
399-480: A military objective are governed under principles such as of proportionality and military necessity and can be permissible. Military necessity "permits the destruction of life of ... persons whose destruction is incidentally unavoidable by the armed conflicts of the war; ... it does not permit the killing of innocent inhabitants for purposes of revenge or the satisfaction of a lust to kill. The destruction of property to be lawful must be imperatively demanded by
456-474: A plan or policy or as part of a large-scale commission of such crimes". To date, the present and former heads of state and heads of government that have been charged with war crimes include: War crimes are serious violations of the rules of customary and treaty law concerning international humanitarian law , criminal offenses for which there is individual responsibility. Colloquial definitions of war crime include violations of established protections of
513-641: A system that worked well and allowed us to work unhindered. Politics is not our business. Indeed, the Krupp holding did flourish under the Nazi regime. According to conservative estimates, the Krupp enterprises used nearly 100,000 persons in the slave labour programme , about 23,000 of which were prisoners of war. All defendants were charged under counts 1, 3, and 4; count 2 excluded the defendants Lehmann and Kupke. Counts 1 and 4 were soon dropped due to lack of evidence. All eleven defendants found guilty were convicted on
570-529: Is a legitimate ruse of war , though fighting in combat or assassinating individuals behind enemy lines while so disguised is not, as it constitutes unlawful perfidy . Attacking enemy troops while they are being deployed by way of a parachute is not a war crime. Protocol I, Article 42 of the Geneva Conventions explicitly forbids attacking parachutists who eject from disabled aircraft and surrendering parachutists once landed. Article 30 of
627-419: Is called scorched earth policy for the military purpose of denying the use of ground for the enemy. The German troops retreating from Finnish Lapland believed Finland would be occupied by Soviet troops and destroyed many settlements while retreating to Norway under the command of Rendulic. He overestimated the perceived risk but argued that Hague IV authorized the destruction because it was necessary to war. He
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#1732772205466684-472: Is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing , the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity . The formal concept of war crimes emerged from the codification of the customary international law that applied to warfare between sovereign states , such as
741-600: Is relatively simple: a civilian is any person who is not a member of the armed forces and is not a combatant in situation of armed conflict. To make effective use of such statistics as there are about civilian casualties of war, it is necessary to be explicit about the criteria for inclusion. All too often, there is a lack of clarity about which of the following categories of civilian casualties are included in any given set of figures. The inclusion of people in each of these categories may be defensible, but needs to be explicit. Each category presents its own methodological problems. In
798-779: Is sometimes used in non-military situations, for example to distinguish casualties to police vs. to criminals such as bank robbers . In times of armed conflict, despite numerous advancements in technology, the European Union 's European Security Strategy , adopted by the European Council in Brussels in December 2003, stated that since 1990, almost 4 million people have died in wars, 90% of them civilians. However, United Nations Children's Fund (UNICEF) reports that civilian fatalities have climbed from 5 per cent at
855-693: Is too simple. Some may be fleeing one-sided violence from a repressive state apparatus, natural calamity, or general social breakdown. Moreover, in certain episodes, such as the Indo-Pakistani War of 1971 , the Kosovo War of 1999, and the Afghanistan War of 2001 , military campaigns have enabled large numbers of refugees to return home. Indeed, in the 1971 and 1999 wars, refugee return was a stated reason for launching hostilities. Yet this key observation finds remarkably little reflection in
912-569: Is unlawful. For aerial strikes, pilots generally have to rely on information supplied by external sources (headquarters, ground troops) that a specific position is in fact a military target. In the case of former Yugoslavia , NATO pilots hit a civilian object (the Chinese embassy in Belgrade ) that was of no military significance, but the pilots had no idea of determining it aside from their orders. The committee ruled that "the aircrew involved in
969-485: The Battle of Monte Cassino during World War II ) are not protected persons under the laws of war. The Rome Statute defines "intentionally directing attacks against the civilian population" in both international and non-international conflicts as illegal, but it only came into effect on 1 July 2002 and has not been ratified by every country. Many modern nations' views on the ethics of civilian casualties align with
1026-770: The International Military Tribunal , but took place in the same rooms at the Palace of Justice . The twelve U.S. trials are collectively known as the " subsequent Nuremberg Trials " or, more formally, as the "Trials of War Criminals before the Nuremberg Military Tribunals" (NMT). The Krupp Trial was the third of three trials of German industrialists ; the other two were the Flick Trial and the IG Farben Trial . In
1083-669: The Just War theory , which advocates a system of proportionality . An act of war is deemed proportional in Just War theory if the overall destruction expected from the use of force is outweighed by the projected good to be achieved. This view is a war-adapted version of utilitarianism , the moral system which advocates that the morally correct action is the one that does the most good. However, moral philosophers often contest this approach to war. Such theorists advocate absolutism , which holds there are various ethical rules that are, as
1140-939: The Lieber Code (1863) of the Union Army in the American Civil War and the Hague Conventions of 1899 and 1907 for international war. In the aftermath of the Second World War, the war-crime trials of the leaders of the Axis powers established the Nuremberg principles of law, such as that international criminal law defines what is a war crime. In 1949, the Geneva Conventions legally defined new war crimes and established that states could exercise universal jurisdiction over war criminals. In
1197-880: The Nuremberg Trials and Tokyo Trials have been convened. Recent examples are the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda , which were established by the UN Security Council acting under Chapter VIII of the UN Charter . Under the Nuremberg Principles , war crimes are different from crimes against peace . Crimes against peace include planning, preparing, initiating, or waging
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#17327722054661254-645: The U.N. Security Council adopted Resolution 1820 , which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide"; see also wartime sexual violence . In 2016, the International Criminal Court convicted someone of sexual violence for the first time; specifically, they added rape to a war crimes conviction of Congo Vice President Jean-Pierre Bemba Gombo . War crimes also included deliberate attacks on citizens and property of neutral states , such as
1311-400: The law of war , it refers to civilians who perish or suffer wounds as a result of wartime acts. The term is generally applied to situations in which violence is committed in pursuit of political goals. During periods of armed conflict, there are structures, actors, and processes at a number of levels that affect the likelihood of violence against civilians . The term "civilian casualties"
1368-553: The laws of war were adopted starting in 1949. These Geneva Conventions would come into force, in no small part, because of a general reaction against the practices of the Second World War. Although the Fourth Geneva Convention attempted to erect some legal defenses for civilians in international armed conflicts, the bulk of the Fourth Convention devoted to explicating civilian rights in the hands of
1425-587: The laws of war , but also include failures to adhere to norms of procedure and rules of battle, such as attacking those displaying a peaceful flag of truce , or using that same flag as a ruse to mount an attack on enemy troops. The use of chemical and biological weapons in warfare are also prohibited by numerous chemical arms control agreements and the Biological Weapons Convention . Wearing enemy uniforms or civilian clothes to infiltrate enemy lines for espionage or sabotage missions
1482-761: The "Lieber Code." A small number of German military personnel of the First World War were tried in 1921 by the German Supreme Court for alleged war crimes. The modern concept of war crime was further developed under the auspices of the Nuremberg trials based on the definition in the London Charter that was published on August 8, 1945 (see Nuremberg principles ). Along with war crimes the charter also defined crimes against peace and crimes against humanity , which are often committed during wars and in concert with war crimes. Also known as
1539-524: The 1907 Fifth and 13th Hague Conventions regarding the duties of neutrals on land and naval warfare . Only neutral nationals in the territory of a belligerent state (e.g., the taking of U.S. residents in Iraq hostage by Iraqi authorities during the Gulf War before January 17, 1991) and citizens of an allied state (such as rapes committed by French colonial troops against allied Italian civilians after
1596-698: The 1907 Hague Convention IV – The Laws and Customs of War on Land explicitly forbids belligerents to punish enemy spies without previous trial . The rule of war, also known as the Law of Armed Conflict , permits belligerents to engage in combat. A war crime occurs when superfluous injury or unnecessary suffering is inflicted upon an enemy. War crimes also include such acts as mistreatment of prisoners of war or civilians . War crimes are sometimes part of instances of mass murder and genocide though these crimes are more broadly covered under international humanitarian law described as crimes against humanity . In 2008,
1653-695: The Blitz as well as the indiscriminate attacks on Allied cities with V-1 flying bombs and V-2 rockets , nor the Japanese for the aerial attacks on crowded Chinese cities. Controversy arose when the Allies re-designated German POWs (under the protection of the 1929 Geneva Convention on Prisoners of War ) as Disarmed Enemy Forces (allegedly unprotected by the 1929 Geneva Convention on Prisoners of War), many of which were then used for forced labor such as clearing minefields . By December 1945, six months after
1710-883: The Field (Lieber Code) was written by Franz Lieber , a German lawyer , political philosopher , and veteran of the Napoleonic Wars . Lincoln made the Code military law for all wartime conduct of the Union Army . It defined command responsibility for war crimes and crimes against humanity as well as stated the military responsibilities of the Union soldier fighting the Confederate States of America . The Geneva Conventions are four related treaties adopted and continuously expanded from 1864 to 1949 that represent
1767-482: The Japanese attack on Pearl Harbor . As the attack on Pearl Harbor happened while the U.S. and Japan were at peace and without a just cause for self-defense, the attack was declared by the Tokyo Trials to go beyond justification of military necessity and therefore constituted a war crime. War crimes are significant in international humanitarian law because it is an area where international tribunals such as
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1824-675: The Krupp Trial, twelve former directors of the Krupp Group were accused of having enabled the armament of the German military forces and thus having actively participated in the Nazis ' preparations for an aggressive war, and also for having used slave laborers in their companies. The main defendant was Alfried Krupp von Bohlen und Halbach , CEO of the Krupp Holding since 1943 and son of Gustav Krupp von Bohlen und Halbach who had been
1881-537: The Prosecution was Telford Taylor ; the Chief Trial Counsel was H. Russell Thayer , and Benjamin B. Ferencz participated as a Special Counsel. The indictment was presented on November 17, 1947; the trial lasted from December 8, 1947, until July 31, 1948. One defendant (Pfirsch) was acquitted, the others received prison sentences between three and twelve years, and the main defendant Alfried Krupp
1938-736: The Tokyo Trial, the Tokyo War Crimes Tribunal or simply as the Tribunal, it was convened on May 3, 1946, to try the leaders of the Empire of Japan for three types of crimes: "Class A" (crimes against peace), "Class B" (war crimes), and "Class C" (crimes against humanity), committed during World War II . On July 1, 2002, the International Criminal Court (ICC), a treaty-based court located in The Hague , came into being for
1995-462: The United States, Israel, India, Pakistan, Iraq, Iran, and others. Accordingly, states retain different codes and values about wartime conduct. Some signatories have routinely violated the Geneva Conventions in a way that either uses the ambiguities of law or political maneuvering to sidestep the laws' formalities and principles. The first three conventions have been revised and expanded, with
2052-444: The approach of pacifism is the belief that war of any kind is morally unjust. Pacifists sometimes extend humanitarian concern not just to enemy civilians but also to enemy combatants, especially conscripts . The laws of war have changed over the course of history, and international protocols like the Fourth Geneva Convention explicitly provide legal protections to protected civilians in territories belonging to or occupied by
2109-478: The attack should not be assigned any responsibility for the fact they were given the wrong target and that it is inappropriate to attempt to assign criminal responsibility for the incident to senior leaders because they were provided with wrong information by officials of another agency". The report also notes that "Much of the material submitted to the OTP consisted of reports that civilians had been killed, often inviting
2166-465: The case of people dying from indirect effects (category 3), much careful work is needed to distinguish between 'expected' and 'excess' levels of mortality. In the case of victims of sexual crimes (category 5) there could be an argument for including not only direct crimes by combatants, but also 'indirect' crimes due to general social collapse. In the case of those uprooted in war (category 6), the implication that refugees and IDPs always count as war victims
2223-418: The conclusion to be drawn that crimes had therefore been committed. Collateral casualties to civilians and collateral damage to civilian objects can occur for a variety of reasons." The Rendulic Rule is a standard by which commanders are judged. German General Lothar Rendulic was charged for ordering extensive destruction of civilian buildings and lands while retreating from a suspected enemy attack in what
2280-641: The course of fighting. The United Nations defines war crimes as described in Article 8 of the Rome statute , the treaty that established the International Criminal Court: Under the law of armed conflict (LOAC), the death of non-combatants is not necessarily a violation; there are many things to take into account. Civilians cannot be made the object of an attack, but the death/injury of civilians while conducting an attack on
2337-482: The enemy, and no explicit attention is paid to the problems of bombardment and the hazardous effects in the combat-zone . In 1977, Protocol I was adopted as an amendment to the Geneva Conventions, prohibiting the deliberate or indiscriminate attack of civilians and civilian objects in international armed conflicts; the attacking force must take precautions and steps to spare the lives of civilians and civilian objects as possible. Although ratified by 173 countries,
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2394-530: The first formal statements of the laws of war and war crimes in the nascent body of secular international law . The Lieber Code was written early in the American Civil War and President Abraham Lincoln issued as General Order 100 on April 24, 1863, just months after the military executions at Mankato, Minnesota . General Order 100, Instructions for the Government of the Armies of the United States in
2451-748: The forced labor charge (count 3), and of the ten charged on count 2 (economic spoliation), six were convicted. On January 31, 1951, two and a half years after the sentences, ten (all except Löser) were released from prison. Since no buyer for the Krupp Holding had been found, Alfried Krupp resumed control of the firm in 1953. War crime A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war , torture , taking hostages , unnecessarily destroying civilian property , deception by perfidy , wartime sexual violence , pillaging , and for any individual that
2508-484: The fourth one added in 1949: Two Additional Protocols were adopted in 1977 with the third one added in 2005, completing and updating the Geneva Conventions: Just after WWI, world governments started to try and systematically create a code for how war crimes would be defined. Their first outline of a law was " Instructions for the Government of Armies of the United States in the Field" —also known as
2565-476: The late 20th century and early 21st century, international courts extrapolated and defined additional categories of war crimes applicable to a civil war . In 1474, the first trial for a war crime was that of Peter von Hagenbach , realised by an ad hoc tribunal of the Holy Roman Empire , for his command responsibility for the actions of his soldiers, because "he, as a knight, was deemed to have
2622-406: The legal question of whether the expected incidental harm is excessive may be very subjective. For this reason, States have chosen to apply a "clearly excessive" standard for determining whether a criminal violation has occurred. When there is no justification for military action, such as civilians being made the object of attack, a proportionality analysis is unnecessary to conclude that the attack
2679-415: The literature about the casualties of contemporary war. A focus on the numbers of those uprooted in war is especially problematic as those who are trapped in conflict zones may in fact be worse off than those uprooted, but seldom feature in statistics. Figures for war deaths and for war-related migration should be presented separately, not amalgamated. Following World War II , a series of treaties governing
2736-426: The name implies, absolute. One such rule is that protected non-combatants cannot be attacked because they are, by definition, not partaking in combat; to attack non-combatants anyway, regardless of the expected outcome, is to deny them agency . Thus, by the absolutist view, only enemy combatants can be attacked. The philosopher Thomas Nagel advocates this absolutist rule in his essay "War and Massacre". Finally,
2793-489: The necessities of war." For example, conducting an operation on an ammunition depot or a terrorist training camp would not be prohibited because a farmer is plowing a field in the area; the farmer is not the object of attack and the operations would adhere to proportionality and military necessity. On the other hand, an extraordinary military advantage would be necessary to justify an operation posing risks of collateral death or injury to thousands of civilians. In "grayer" cases
2850-555: The only countries that are currently not signatories to Protocol I are the United States , Israel , Iran , Pakistan , India , and Turkey . Under international humanitarian law applicable to international armed conflict, enemy civilians and stateless persons or neutral nationals outside the territory of a belligerent state are protected persons under Article 4 of the Fourth Geneva Convention and
2907-539: The prosecution of war crimes committed on or after that date. Several nations, most notably the United States, China, Russia, and Israel, have criticized the court. The United States still participates as an observer. Article 12 of the Rome Statute provides jurisdiction over the citizens of non-contracting states if they are accused of committing crimes in the territory of one of the state parties. The ICC only has jurisdiction over these crimes when they are "part of
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#17327722054662964-409: The turn of the century to more than 90 per cent in the wars of the 1990s. Generating reliable assessments of casualties of war is a notoriously complex process. Civilian casualties present particular difficulties. One problem is that the attribution of the label 'civilian' is contested in some cases. On the surface, the definition of a civilian, at least in the context of international armed conflicts,
3021-417: The war had ended, it was estimated by French authorities that 2,000 German prisoners were still being killed or maimed each month in mine-clearing accidents. The wording of the 1949 Third Geneva Convention was intentionally altered from that of the 1929 convention so that soldiers who "fall into the power" following surrender or mass capitulation of an enemy are now protected as well as those taken prisoner in
3078-563: The winners (" Victor's justice "), as some controversies have not been ruled as war crimes. Some examples include the Allies ' destruction of Axis cities during World War II , such as the firebombing of Dresden , the Operation Meetinghouse raid on Tokyo (the most destructive single bombing raid in history), and the atomic bombings of Hiroshima and Nagasaki . In regard to the strategic bombing during World War II , there
3135-464: Was acquitted of that charge. Under the "Rendulic Rule" persons must assess the military necessity of an action based on the information available to them at that time; they cannot be judged based on information that subsequently comes to light. Killing civilians A civilian casualty occurs when a civilian is killed or injured by non-civilians, mostly law enforcement officers , military personnel , rebel group forces, or terrorists . Under
3192-457: Was no international treaty or instrument protecting a civilian population specifically from attack by aircraft, therefore the aerial attacks on civilians were not officially war crimes. The Allies at the trials in Nuremberg and Tokyo never prosecuted the Germans, including Luftwaffe commander-in-chief Hermann Göring , for the bombing raids on Warsaw , Rotterdam , and British cities during
3249-529: Was ordered to sell all his possessions. The main defendant Alfried Krupp always denied any guilt. In 1947, he stated: The economy needed a steady or growing development. Because of the rivalries between the many political parties in Germany and the general disorder there was no opportunity for prosperity. ... We thought that Hitler would give us such a healthy environment. Indeed he did do that. ... We Krupps never cared much about [political] ideas. We only wanted
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