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December 20, 2020

War Crime Agreement

Filed under: Uncategorized — Mark Baker @ 2:50 am

The concept of war crimes was born at the turn of the century, when the customary international law applicable to war between sovereign states was codified. This codification took place at the national level, for example. B with the publication of the Lieber Code in the United States, and internationally, with the adoption of treaties at the Hague Conventions of 1899 and 1907. In addition, trials before national courts continued to clarify the law during this period. [1] After the end of the Second World War, there were major legislative developments. Many trials against axis war criminals have based the Nuremberg principles, such as the idea that war crimes constitute crimes under international law. In addition, the 1949 Geneva Conventions established new war crimes and established that states can exercise universal jurisdiction over such crimes. [1] In the late 20th and early 21st centuries, after the creation of several international tribunals, other categories of war crimes were defined for armed conflicts other than those between states, such as civil wars. [1] Given that war crimes and crimes against humanity are one of the most serious crimes under international law, war crimes trials were considered from the outset by critics as “victory justice” because only people from defeated countries were persecuted and the accused were charged with acts that would not have been criminal when they were committed. In support of the trials, the Nuremberg court cited the Kellogg Briand Pact (1928), which formally banned war and made the dissolution of war a crime for which individuals could be prosecuted. The legitimacy of the war has sometimes been accused of stemming the preference for winners (“Victor`s justice”), [32] because some controversies were not considered war crimes. Some examples are the destruction of axis cities by the Allies during World War II, such as the bombing of Dresden, the Tokyo attack (the most destructive bombing in history) and the nuclear bombings on Hiroshima and Nagasaki.

[33] With regard to strategic bombing during the Second World War, there was no international treaty or instrument to protect a civilian population from aircraft attacks,[34] therefore, airstrikes against civilians were not official war crimes.

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