The Law of Armed Conflict International Humanitarian Law in War

Chapter 8 puts previous chapters to work by defining war crimes – their required precursors and circumstances – asking the reader whether real-life scenarios are, or are not, war crimes. The import of grave breaches is illustrated, including the factual World War II murder of fifty prisoners of war by Nazis, the subject of the motion picture, The Great Escape. When can a mosque be fired on, if ever? Are suicide attacks violations of LOAC? Is hostage-taking ever lawful? What is pillage? And “double-tapping”? On the battlefield, may one feign death? What if an individual volunteers to be a human shield? Are human shields ever lawful? Real-world war crime cases and their outcomes are related. “Disciplinary” war crimes, seldom noted, are, here, as well. Continuing, universal jurisdiction for war crimes turns out to be less than universal, and civilians can commit war crimes just as combatants can. Rape and other gender crimes are covered, here, as well. Four war crime trial records are included in the chapter’s Cases and Materials.