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. Should a holding power fail to carry out its responsibilities it would be liable to pay compensation, 33 while the individuals responsible for or ordering ill treatment as a result of the holding power’s failure to exercise proper responsibility would be liable for war crimes. 34 This means prisoners of war must be treated humanely and protected at all times, particularly against any acts of
crimes, 7 it established a Commission of Experts to undertake an independent investigation. 8 Following the report of the Commission, the Security Council requested the UN Secretary-General to submit proposals for the establishment of an ad hoc tribunal for the prosecution of war crimes in the former Yugoslavia. 9 The Secretary-General’s Report was adopted in May
health or integrity of any person in the power of a belligerent, other than that on which he depends, 26 or which violates any of these provisions, is a grave breach of the Protocol, 27 and if committed by a non-party would amount to a war crime or a grave breach of the Prisoners of War Convention or, if a party to it, the Civilians Convention. Reprisals against the wounded, sick or shipwrecked, or against medical personnel
. 225. Eugène Aroneanu, Le Crime Contre l’Humanité, Dalloz, Paris 1961, pp. 20, 23, 235, 262; Sigrun I. Skogly, ‘Crimes Against Humanity – Revisited: Is There a Role for Economic and Social Rights?’, International Journal of Human Rights 5/1 (2001), 58–80, at pp. 74–5; Mark R. von Sternberg, ‘A Comparison of the Yugoslavian and Rwandan War Crimes Tribunals: Universal Jurisdiction and the “Elementary Dictates of Humanity”’, Brooklyn Journal of International Law 22 (1996), 111–56, at p. 142; Michael E. Tigar et al., ‘Paul Touvier and the Crime Against Humanity’, Texas
population of the adverse party would amount to war crimes. 5 The impact of World War II As a result of the treatment of civilians in occupied territory during World War II action was taken in 1949 to spell out the rights of an Occupant and of the occupied in the form of Geneva Convention IV relative to the treatment of civilians in time of war
uncertainty and, over time, rife with contradiction, perhaps best seen in the White House’s responses to events in Egypt and Bahrain. As regimes fought back against protesters, Western governments continued to support their allies in a triumph of realpolitik over normative concerns. Supplementing this were arms sales to Saudi Arabia and Bahrain, in spite of concerns that these weapons were being used in Yemen against civilians and allegations of war crimes. Underpinning Western policy towards the uprisings were long-standing fears about both Political Islam and Iran. These
serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes’. Article 1F is framed in mandatory language. It would appear that contracting states have no discretion as to whether or not to grant refugee status to persons suspected of international crimes
police or civil administration. 34 Neutral nationals resident in or visiting belligerent territory may be tried for war crimes or grave breaches of the Geneva Conventions and Protocol I in the same way as any other offender. 35 If a prima facie case of war crimes is made out against a person present in neutral territory, the neutral power concerned is under an obligation either to try him or hand
Henry V Shakespeare has Fluellen say, 40 ‘Kill the boys and the luggage! ’Tis expressly against the law of arms: ’tis as arrant a piece of knavery as can be offer’d.’ By 1434 the Constable of France was trying a variety of écorcheur 41 captains for war crimes, and in 1474 Peter of Hagenbach was tried by a tribunal made up of representatives of the Hanseatic League for
. 24 Any agreement made by belligerent commanders must be scrupulously adhered to 25 and any breach of the conditions they contain would involve international responsibility if ordered by a government, and personal liability, which might in some circumstances amount to a war crime, 26 if committed by an individual on his own authority. 27 If it seems that the