War Crimes By Irregular and Nongovernmental Forces
| DOI | 10.1177/004711787100301204 |
| Author | Robert K. Woetzel |
| Date | 01 December 1971 |
| Published date | 01 December 1971 |
| Subject Matter | Articles |
995
WAR
CRIMES
BY
IRREGULAR
AND
NONGOVERNMENTAL
FORCES
ROBERT
K.
WOETZEL
Article
6
of
the
Charter
of
the
International
Military
Tribunal
at
Nuremberg
defines
war
crimes
as
&dquo;violations
of
the
laws
or
customs
of
war.
Such
violations
shall
include,
but
not
be
limited
to,
murder,
ill-treatment,
or
deportation
to
slave
labor
or
for
any
other
purpose
of
civilian
population
of
or
in
occupied
territory,
murder
or
ill-treatment
of
prisoners
of
war
or
persons
on
the
seas,
killing
of
hostages,
plunder
of
public
or
private
property,
wanton
destruction
of
cities,
towns
or
villages,
or
devastation
not
justified
by
military
necessity.&dquo;1
Since
war
crimes
are
closely
related
to
crimes
against
humanity
involving
actions
by
a
government
against
its
own
citizens,
it
is
well
to
cite
the
definition
of
such
crimes
in
the
same
Article:
&dquo; ...
murder,
extermination,
enslavement,
deportation,
and
other
inhumane
acts
committed
against
any
civilian
population,
before
or
during
the
war;
or
persecutions
on
political,
racial
or
religious
grounds
in
execution
of
or
in
connection
with
any
crime
within
the
jurisdiction
of
the
Tribunal,
whether
or
not
in
violation
of the
domestic
law
of
the
country
where
perpetrated.&dquo;
The
laws
and
customs
of
war
are
generally
regarded
as
binding
on
nations.
As
the
IMT
at
Nuremberg
stated,
&dquo; ...
by
1939
these
rules... were
recognized
by
all
civilized
nations,
and
were
regarded
as
being
declaratory
of
the
laws
and
customs
of
war ...
112
They
are
contained
in
such
agreements
as
the
Hague
Convention
of
1907
and
the
Geneva
Conventions
of
1949.
To
the
extent
that
they
are
codified
in
the
Nuremberg
principles
they
were
unani-
mously
endorsed
by
the
United
Nations
in
Resolution
No.
95
(1)
of
December
11,
1946.3
3
The
Geneva
Conventions
provide
that
the
laws
of
war
shall
be
applicable
to
different
types
of
war,
declared
and
undeclared.
Article
2
of
the
Geneva
Convention
Relative
to
the
Protection
of
Civilian
Persons
in
Time
of
War
of
August
12,
1949
states
that
‘‘ ...
the
present
Convention
shall
apply
to
all
cases
of
declared
war
or
any
other
armed
conflict
which
may
arise
between
two
or
more
of
the
High
Contracting
Parties,
even
if
the
state
of
war
is
not
recognized
by
one
of
them ...
&dquo;~
And
Article
3
lists
provisions
1
International
Military
Tribunal,
Trial
of
the
Major
War
Criminals
before
the
International
Military
Tribunal,
Nuremberg
1948,
Vol.
XXII,
p.
496
(hereafter
referred
to
as
IMT).
See
also
Robert
K.
Woetzel,
The
Nurem-
berg
Trials
in
International
Law,
London,
1962,
pp.
172-174.
2
IMT,
Vol.
XXII,
p.
497.
3
"The
General
Assembly,
recognizing
the
obligations
laid
upon
it
by
Article
13...
Taking
note
of
the
Law
of
the
Charter
of
the
Nuremberg
Tribunal
of
August
8,
1945,
for
the
prosecution
and
punishment
of
the
major
war
criminals;
(1)
reaffirms
the
principles
of
international
law
recognized
by
the
Charter
of
the
Nuremberg
Tribunal
(of
August
8,
1945),
and
the
Judgments
of
the
Tribunal ...
"
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