Chapter

The prosecution of international crimes in relation to the conduct of military operations

William J. Fenrick

The handbook of the international law of military operations

Oxford : Oxford University Press, 2015

p. 546-558

English

This chapter provides an overview of international crimes which may be committed during military operations or which may occur in areas where military operations are being conducted. International crimes which may occur in relation to military operations include war crimes, crimes against humanity, and genocide. All three types of crimes may be prosecuted on the basis of universal jurisdiction, that is, they may be prosecuted by the authorities of any State regardless of where the offence is committed although, usually, the accused must be in the hands of the State authorities which commence the prosecution. Commanders and other superiors are criminally responsible for war crimes, crimes against humanity, or acts of genocide committed by their subordinates. They must also take all practicable measures within their authority to ensure that their subordinates who appear to have committed international crimes are tried before appropriate tribunals and, if found guilty, appropriately punished.

• The handbook of the international law of military operations / ed. by Terry D. Gill and Dieter Fleck ; in collab. with Nils Melzer... [et al.]