PDA

View Full Version : Write a note on war crimes. (2004)(2005)



vustudents
09-08-2012, 12:17 AM
1. Introduction:
There are certain rules of international law if they are violated, it will constitute war crimes. if they are committed by the soldiers or by other individual, punishment is given not by an independent forum but by the victorious states.
2. Definition of war crimes:
According to Schwarzenberger:
"War crimes are acts which strike at the very roots of international society, like genocide, piracy, violation off recognized rules of warfare.
According to Oppenheim:
"War crimes are such hostile or other acts of soldiers or other individuals as may be punished by the enemy on capture of the offenders.
According to Higgins:
"War crime include the vidation of the recognized rules of warfare by illegitimate hostilites in arms committed by individuals who are not members of the armed forces espionage and war treason and marauding."
3. Classification of war crimes:
Oppenhiem classifies war crimes under the following four heads:
(i) Violation of recognized rules regarding warfare committed by member of armed forces.
(ii) All hostilities in arms committed by individual who are not members of the enemy armed forces.
(iii) Espionage and war treason.
(iv) Marauding acts.
4. Responsibility for war crimes:
Those person or soldiers who commit war crimes are indivdiually responsible for war crimes such person are called war criminals.
Disability of war criminal:
A person committing war crimes cannot raise the plea that the crime was committed in pursuance of an order of the government or of two superior officer.
5. Who commit war crimes:
War crimes may be committed by.
i. Arm forces
ii. Political leaders having the power to control or authority to give directions.
6. War crimes trials:
6.Important war crimes trials are following:
(a) Nuremberg trial (1946)
(b) Tokyo trial(1946)
(c) Peleus trial
(d) Eichman trial (1962) (e) Mai lai trial
(f) Milosevic trial.
7. War crimes and united nation:
United nation recognized those principle which have been laid down in different war crimes trials. the general assembly also formulated certain principles relating to person guilty of war crimes. according to a resolution of general assembly where in it was laid down that state shall not grant asylum to any person with respect to whom there are serious charges for considering that he has committed war crimes. the united nation that he has authorised every state to try own nationals for war crimes or crime against humanity.
8. Conclusion:
To conclude i can say that war crimes are those acts which are violative of customs of war. the criminals or may not be member of armed forces. those person who commits war crime are personally responisble for their acts. the war crimes are against humanity and international peace e.g murder deportation imprisonment rape and other inhuman acts.