War Crimes Under the Jurisdiction of the International Criminal Court (ICC)

Preamble

The following acts constitute war crimes under the jurisdiction of the International Criminal Court (ICC). These crimes, when committed in the context of armed conflict, whether international or internal, are considered grave violations of international law and are subject to prosecution under the ICC Charter.

Article 1: Attacks on Civilians and Non-Combatants

1. Intentional Targeting of Civilians – The deliberate attack on civilians who are not directly participating in hostilities.
2. Indiscriminate Attacks – Conducting attacks that are not directed at a specific military target and that cause excessive civilian harm.
3. Use of Human Shields – The use of civilians to shield military objectives from attack.
4. Attacks on Humanitarian Aid and Medical Facilities – Targeting hospitals, medical personnel, and humanitarian missions providing aid.
5. Forced Displacement – The mass forced removal of civilian populations without military necessity.
6. Terror Tactics Against Civilians – The use of violence, threats, or systematic attacks intended to instill terror among civilian populations.

Article 2: Treatment of Prisoners of War (POWs) and Detainees

1. Execution Without Trial – The killing of captured soldiers, prisoners of war, or detained civilians without due judicial process.
2. Enforced Disappearances – The secret imprisonment or killing of individuals without acknowledgment or accountability.
3. Mutilation and Medical Experimentation – Performing medical procedures, amputations, or other modifications on prisoners without their consent.
4. Use of POWs for Military Labor – Forcing prisoners to participate in war efforts of their captors, including frontline activities, intelligence gathering, or dangerous labor.

Article 3: Unlawful Weapons and Methods of Warfare

1. Use of Banned Weapons – The employment of weapons internationally prohibited due to excessive suffering, such as:
   • Radiological weapons.
   • Cluster munitions and incendiary devices against civilians.
2. Targeting of Civilian Infrastructure – Deliberate destruction of infrastructure vital for civilian survival (water supplies, power grids, food production facilities).
3. Use of Starvation as a Method of War – Intentional deprivation of food, water, or essential resources for civilian populations.
4. Unlawful Sieges and Blockades – The imposition of sieges that primarily harm civilian populations without legitimate military necessity.
5. Environmental Warfare – The deliberate destruction of ecosystems, farmlands, or other natural resources to create famine or make land uninhabitable.
6. Booby-Trapping Corpses or Humanitarian Supplies – The placement of explosive devices on or within civilian supplies, dead bodies, or locations meant for humanitarian relief.
7. Attacks on ICC/Neutral Peacekeeping Forces – Targeting or harming peacekeeping missions or neutral observers deployed under international mandates.

Article 4: Crimes Against Cultural and Religious Heritage

1. Destruction of Cultural Heritage – Targeting and destruction of cultural, historical, and religious sites without military necessity.
2. Pillage and Plunder – The looting of occupied territories, including theft of cultural artifacts.
3. Desecration of Religious Sites – Attacks on places of worship and religious institutions.

Article 5: Use of Prohibited Combat Tactics

1. Use of Child Soldiers – The recruitment or use of individuals under the age of 18 in armed conflict.
2. Unlawful Occupation Practices – The forced conscription, enslavement, or abuse of occupied civilian populations.
3. Reprisals Against Civilians – The execution of punitive measures against civilian populations in retaliation for military actions.
4. Failure to Distinguish Between Combatants and Non-Combatants – Engaging in military actions that do not properly differentiate between enemy combatants and civilians.
5. Forced Marriage in Conflict Zones – The imposition of marriage upon civilian populations or prisoners by occupying forces or militias.

Article 6: Enforcement and Prosecution

• Individuals responsible for war crimes are subject to ICC prosecution regardless of rank or position.
• Commanders and political leaders may be held accountable for ordering, enabling, or failing to prevent war crimes under their authority.
• War crimes may be prosecuted regardless of whether the conflict was declared as a formal war.

Conclusion

War crimes undermine the fundamental principles of justice and humanity. The ICC is committed to ensuring accountability for those who violate the laws of war and to preventing future atrocities through legal enforcement and international cooperation.