The Universal Obligations To Prosecute War Crimes and The Universal Application of the Four Geneva Conventions and State Practice
The Universal Obligations To Prosecute War Crimes and The Universal Application of the Four Geneva Conventions and State Practice
War is a harsh reality that humanity has grieviously faced throughout its history. It often comes with a great cost: the suffering of innocent civilians, the devastation of infrastructure, and the destruction of entire communities. In order to mitigate the harms of war, the international community has established laws and conventions that regulate the conduct of war and the treatment of its victims. Among the most important of these are the Four Geneva Conventions.
The Geneva Conventions were first established in 1864 in order to protect the sick and wounded soldiers of the armed forces. Over time, they were expanded to include civilians, prisoners of war, and other non-combatants. The conventions were updated and expanded in 1949, and today they form the cornerstone of international humanitarian law. They are universally recognized as the most important legal instruments for the protection of victims of armed conflict.
The Four Geneva Conventions deal with a wide range of issues related to the conduct of war and the treatment of its victims. Among the most important of these are the obligations to prosecute war crimes. War crimes are acts committed during armed conflict that are considered to be grave breaches of international humanitarian law. These can include crimes such as the intentional targeting of civilians, the use of prohibited weapons, and the mistreatment of prisoners of war.
Under the Geneva Conventions, all states are OBLIGATED to ensure that war crimes are prosecuted. This means that states have a legal obligation to investigate allegations of war crimes, to bring those responsible to justice, and to punish them appropriately. This obligation applies to all states, regardless of whether they are parties to the conventions or not.
The obligation to prosecute war crimes is a strict legal requirement and furthermore, it also bears a moral imperative. War crimes are a betrayal of the very principles that underpin human society. They violate the dignity and rights of the individual, and they undermine the very foundations of justice and the Rule of Law.
In recent years, there have been many instances where war crimes have been committed with impunity. In some cases, this has been due to a lack of political will on the part of states to prosecute those responsible. In other cases, it has been due to a lack of resources or capacity to carry out investigations and trials.
As an example, the Office of the United Nations High Commissioner for Human Rights (OHCHR) has verified that a total of 8,173 civilian deaths as a direct result of Russia’s invasion of Ukraine as of March 5, 2023. From 24 February 2022, which marked the start of the large-scale armed attack by the Russian Federation, to 5 March 2023, OHCHR recorded 21,793 civilian casualties in the country: 8,173 killed and 13,620 injured.
https://www.ohchr.org/en/news/2023/03/ukraine-civilian-casualty-update-6-march-2023
It is imperative that the international community redouble its efforts to ensure that war crimes are prosecuted. This means providing states with the necessary resources and support to carry out investigations and trials, and holding those who commit war crimes accountable for their actions.
The Four Geneva Conventions and the obligations to prosecute war crimes are crucial elements of international humanitarian law. They reflect the universal desire to mitigate the harms of war and to protect the dignity and rights of all individuals affected by armed conflict. It is our collective responsibility to ensure that these obligations are met, and that those who commit war crimes are held accountable for their actions. Only then can we hope to build a more just and peaceful world.
As earlier stated, ONE of the key obligations established by the Four Geneva Conventions is the obligation to prosecute war crimes committed during armed conflict.
War crimes are defined by the Geneva Conventions as “grave breaches” of international humanitarian law, and can include offenses such as willful killing, torture, and intentionally causing great suffering. The Geneva Conventions mandate that all states must take steps to prevent and punish these crimes, regardless of whether they are parties to the Conventions.
State practice has played a crucial role in determining the scope and effectiveness of these obligations. Over the years, many states have taken steps to fulfill their obligations under the Geneva Conventions by enacting laws and regulations that codify these requirements into domestic law.
For example, in the aftermath of the Yugoslav wars of the 1990s, the International Criminal Tribunal for the former Yugoslavia was established to prosecute war crimes committed during the conflict. This tribunal was supported by many states, which provided funding, personnel, and other resources to ensure its success.
Similarly, in the wake of the Rwandan genocide, the International Criminal Tribunal for Rwanda was established to bring to justice those who committed atrocities during the conflict. Again, many states provided support to this tribunal, both in terms of funding and personnel.
The failure to hold perpetrators of war crimes accountable for their actions undermines the legitimacy of the Four Geneva Conventions and erodes the international community’s ability to prevent future atrocities. It is crucial that states fulfill their obligations to prosecute war crimes, not only to bring perpetrators to justice but also to deter future violations of international humanitarian law.
It must be stringently considered that the Four Geneva Conventions, adopted in 1949, are Universally Applicable, meaning that they apply to all parties involved in armed conflicts, regardless of whether they have ratified the Conventions or not. This is because the Conventions have attained the status of customary international law, which means that they reflect a general practice accepted as law by the international community. As such, all parties to an armed conflict, including non-state actors, are bound by the principles set out in the Geneva Conventions, which provide a framework for the protection of civilians, prisoners of war, and other non-combatants during times of war. The universality of the Geneva Conventions underscores the importance of international humanitarian law as a means of promoting respect for human rights and ensuring that the rules of warfare are respected, even in the most difficult of circumstances.
In conclusion, State Practice plays a crucial role in determining the effectiveness of the obligations established by the Four Geneva Conventions to prosecute war crimes. History has shown that the international community has been in solidarity to ensure that nation-states fulfill their obligations to prevent and punish war crimes, and to hold accountable those who violate these principles as was seen in the former states of Yugoslavia and Rwanda as examples. A world where the Rule of Law and respect for duly entrenched humanitarian rights and other distinct but complementary rights enshrined in other bodies of law are truly universal.
Copyright © Hakimi Abdul Jabar (A.J. Hakimi) LLB (Hons) [Wolverhampton], CLP (Hons) [LPQB], CMSA [CFI Vancouver], Certificate in Humanitarian Response to Conflict and Disaster [HarvardX-edx] and THE SOFTWARE SUITE™, Broadway, New York, USA, London, England & Kuala Lumpur, Malaysia. March 24, 2023. All Rights Reserved.
Hakimi Abdul Jabar is the Founder-Owner, Managing Consultant, International Trade Negotiator, Lead Commodities Trader, Global Money Manager, International Business, Commercial and Trading Consultant, Chief Software Developer, International Intermediary Consultant, Global Legal Advisor etc. of THE SOFTWARE SUITE™. He is a totally true democrat SECULARIST HRD & humanitarian supporting Protection International, Suaram, HHI etc.
