Cameron Miranda
War is governed by a set of rules known as international humanitarian law (IHL) or the law of war. IHL is made up of treaties like the Geneva Conventions and customary international law. It applies only in situations of armed conflict and seeks to limit the effects of war by imposing rules on the means and methods of warfare. While the rules of war are often broken, there are consequences for doing so. These include sanctions, military intervention, economic sanctions, war crimes charges, and fines.
| Characteristics | Values |
|---|---|
| A country invades another | Sanctions or military intervention |
| An individual commits a war crime | Tried at an international court |
| An energy company spills oil in the sea | Fines and punishment |
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What You'll Learn
- Sanctions or military intervention may be imposed on a country that invades another
- War crime perpetrators may be tried at an international court
- A country that uses banned weapons may be prosecuted
- A country that mistreats prisoners of war may be prosecuted
- A country that attacks civilians may be prosecuted
Sanctions or military intervention may be imposed on a country that invades another
The enforcement of international law can be challenging, as it relies on the cooperation of sovereign nations. However, sanctions and military intervention are possible consequences for a country that violates international law. The United Nations (UN) plays a crucial role in this regard, as it can impose sanctions or authorize military action through the Security Council. The five permanent members of the Security Council, namely the US, UK, China, Russia, and France, hold veto power over resolutions, which can influence the outcome of enforcement efforts.
In addition to sanctions and military intervention, there are other potential consequences for a country that invades another. For example, individuals who commit war crimes may be tried at international courts, although this process can be lengthy and requires the cooperation of the individual's home country. Furthermore, the invading country may face challenges in gaining international support for its actions, as other nations may not condone their violation of international law.
It is important to note that the enforcement of international law is not always consistent, and the power dynamics between nations can influence the outcome. The winning country in a conflict may be in a position to avoid consequences, as prosecuting the victorious country for war crimes can be difficult. However, even victorious countries may face repercussions, such as economic sanctions or loss of international standing, if they are found to have committed serious violations of international law.
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War crime perpetrators may be tried at an international court
The ICC was established in 2002 pursuant to the multilateral Rome Statute, which was opened for signature by the United Nations in 1998. The Rome Statute laid the foundation for the establishment of the ICC and currently has 125 member states. The ICC is intended to serve as the "court of last resort", complementing existing national judicial systems, and may exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals.
The ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. The President is the most senior judge chosen by the eighteen judges in the Judicial Division, who hear cases before the Court. The Office of the Prosecutor is headed by the Prosecutor, who investigates crimes and initiates criminal proceedings before the Judicial Division. The Registry is headed by the Registrar and is charged with managing all the administrative functions of the ICC.
The ICC has faced criticism from some governments that have refused to recognize the court's assertion of jurisdiction, with civil groups also accusing the court of bias, Eurocentrism, and racism. Others have questioned the effectiveness of the court as a means of upholding international law. Despite this, the ICC is considered by its proponents to be a major step toward justice and an innovation in international law and human rights.
The ICC has issued arrest warrants for several high-profile individuals, including Ugandan rebel leader Joseph Kony, former President Omar al-Bashir of Sudan, President Uhuru Kenyatta of Kenya, Libyan head of state Muammar Gaddafi, President Laurent Gbagbo of Ivory Coast, and former Vice President Jean-Pierre Bemba of the Democratic Republic of the Congo. In March 2023, the ICC issued arrest warrants for Russian President Vladimir Putin and the Presidential Commissioner for Children's Rights in Russia, Maria Lvova-Belova, for child abductions in the 2022 Russian invasion of Ukraine.
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![Collection of evidence concerning the violations of international law by the countries at war with Austria-Hungary. I. supplement ; extract from the original publication. 1915 [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)
A country that uses banned weapons may be prosecuted
International humanitarian law (IHL) is a set of rules that seeks to limit the effects of armed conflict for humanitarian reasons. It protects those who are not taking part in the fighting, including civilians, medics, aid workers, wounded soldiers, prisoners of war, and detainees. It also imposes limits on the means and methods of warfare, such as the use of certain weapons.
IHL is made up of treaties, such as the Geneva Conventions, and customary international law. The Geneva Conventions have been ratified by all 196 states, making IHL a universal body of law.
The use of banned weapons in war is a serious violation of IHL and is considered a war crime. War crimes are serious violations of international humanitarian law that include the use of prohibited weapons, the murder or ill-treatment of prisoners of war, and crimes of sexual violence, among others.
Examples of weapons that are banned or restricted in war include:
- Non-detectable fragments, such as fragmented bullets or projectiles filled with broken glass.
- Anti-personnel mines, which are mines designed to target humans rather than tanks.
- Incendiary weapons, which cause fires and are not permitted for use on civilian populations or in forested areas.
- Blinding lasers, or laser weapons specifically designed to cause permanent blindness.
- Explosive remnants of war, such as cluster bombs, which scatter submunitions over vast areas of land and often do not explode, remaining dangerous for years.
The use of chemical and biological weapons is also banned under international law.
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A country that mistreats prisoners of war may be prosecuted
The treatment of prisoners of war is governed by international humanitarian law, which seeks to limit the effects of armed conflict. All parties fighting in a conflict are obliged to respect this law, which includes the Geneva Conventions and customary international law.
The Geneva Conventions, which have been ratified by all 196 states, outline the minimum conditions of internment for prisoners of war, including accommodation, food, clothing, hygiene, and medical care. They also protect prisoners of war from acts of violence, intimidation, insults, and public curiosity.
If a country mistreats prisoners of war, those accountable will be punished accordingly. An example of this is the Nuremberg and Tokyo Trials, where German and Japanese military commanders were prosecuted for preparing and initiating a war of aggression, murder, ill-treatment, and deportation of individuals, and genocide during World War II. Most were executed or sentenced to life in prison for their crimes.
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A country that attacks civilians may be prosecuted
International humanitarian law (IHL) is a set of rules that seeks to limit the effects of armed conflict for humanitarian reasons. It protects those who are not taking part in the fighting, including civilians, medics, aid workers, the wounded, sick, prisoners of war, and other detainees. It also imposes limits on the means and methods of warfare.
IHL is universal, and all parties fighting in a conflict are obliged to respect it. IHL is made up of treaties, such as the Geneva Conventions and their Additional Protocols, and customary international law.
One of the key principles of IHL is the protection of civilians. Civilians must not be the object of attack, and all feasible precautions must be taken to avoid or minimise incidental loss of civilian life, injury to civilians, and damage to civilian objects.
Attacks directed against civilians are prohibited under IHL, and constitute war crimes. War crimes can be investigated and prosecuted by any state, or in certain circumstances, by an international court. The International Criminal Court (ICC), for example, has jurisdiction over war crimes.
Individuals who commit, order, or condone war crimes are criminally responsible for their actions and can be prosecuted at any time. This includes those who target civilians.
In the case of a country that attacks civilians, the individuals responsible for the attacks may be prosecuted for war crimes. The country itself may also face consequences, such as economic sanctions. However, enforcement of IHL relies on the power of individual countries or international organisations to impose sanctions or other penalties. In some cases, the winning country in a war may be immune from prosecution for war crimes.
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Frequently asked questions
It depends. Pursuing justice takes time and money, so nothing may happen. However, soldiers who break the laws of war can be tried and imprisoned in their home country or the country in which the crime was committed. If found guilty of war crimes, individuals may also be tried at an international court, but this can take decades and requires the help of their home country. Countries that break the laws of war may face sanctions or even military intervention.
The laws of war, also known as international humanitarian law (IHL), are a set of rules that seek to limit the effects of armed conflict for humanitarian reasons. They protect those who do not take part in the fighting, including civilians, medics, aid workers, wounded people, sick people, shipwrecked troops, prisoners of war, and other detainees. They also impose limits on the means and methods of warfare, such as the use of certain weapons.
All parties fighting in a conflict are obliged to respect IHL, including both governmental forces and non-state armed groups.
Soldiers who break the laws of war can be tried and imprisoned in their home country or the country in which the crime was committed.
If a country wins a war, it is immune from being charged with war crimes. Only the losing country has its leaders (military and civilian) charged with war crimes, usually by the country that defeated it. However, individuals responsible for war crimes can still be searched for, investigated, and prosecuted.
