The most comprehensive and accepted list of international humanitarian law offenses is set out in the Rome Statute governing the International Criminal Court (ICC) at the Hague. Offenses within the ICC’s jurisdiction fall within three categories: genocide, crimes against humanity, and war crimes. War crimes are further dividied among four sub-catagories based primarily on the nature of the armed conflict: grave breaches of the Geneva Conventions, serious violations of the laws and customs of war applicable in an international armed conflict, serious violations of Common Article 3 of the Geneva Conventions in a conflict not of an international character, and serious violations of the laws and customs of war applicable in a conflict not of an international character. Set forth below is a brief description of each offense punishible at the ICC.
(See the ICC website for additional information)
I. Genocide
Genocide by killing. Killing one or more persons of a particular national, ethnic, racial, or religious group with the intent, in whole or in part, to destroy that group.
Genocide by causing serious bodily or mental harm. Causing serious bodily or mental harm to one or more persons of a particular national, ethnic, racial, or religious group with the intent, in whole or in part, to destroy that group.
Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction. Inflicting certain conditions of life on one or more persons of a particular national, ethnic, racial, or religious group calculated, in whole or in part, to bring about the physical destruction of that group.
Genocide by imposing measures intended to prevent births. Imposing certain measures upon one or more persons of a particular national, ethnic, racial, or religious group intended to prevent births within that group and with the intent, in whole or in part, to destroy that group.
Genocide by forcibly transferring children. Forcibly transferring one or more persons under the age of 18 years of a particular national, ethnic, racial, or religious group to another group with the intent, in whole or in part, to destroy that group.
II. Crimes Against Humanity
Crime against humanity of murder. Killing one or more persons as part of a widespread or systematic attack directed against a civilian population.
Crime against humanity of extermination. Killing one or more persons as part of a mass killing of members of a civilian population.
Crime against humanity of enslavement. Exercising the power attaching to the right of ownership over one or more persons or imposing similar deprivations of liberty as part of a widespread or systematic attack against a civilian population.
Crime against humanity of deportation or forcible transfer of population. Deporting or forcibly transferring, without grounds permitted under international law, one or more persons lawfully present in the area to another location by expulsion or other coercive acts as part of a widespread or systematic attack against a civilian population.
Crime against humanity of imprisonment or other severe deprivation of physical liberty. Imprisoning or otherwise depriving one or more persons of physical liberty under circumstance where the gravity of the conduct is in violation of fundamental rules of international law and committed as part of a widespread or systematic attack against a civilian population.
Crime against humanity of torture. Inflicting severe physical or mental pain or suffering without lawful sanctions upon one or more person under the control of the perpetrator as part of a widespread or systematic attack directed against a civilian population.
Crime against humanity of rape. Penetrating the body of the victim or the perpetrator, however slight, with a sexual organ, or of the anal or genital opening of the victim with any object or body part, by force or threat of force or coercion, or against a person incapable of giving consent, as part of a widespread or systematic attack directed against a civilian population.
Crime against humanity of sexual slavery. Exercising the power attaching to the right of ownership over one or more persons or imposing similar deprivations of liberty, and causing such person or person to engage in one or more acts of a sexual nature as part of a widespread or systematic attack against a civilian population.
Crime against humanity of enforced prostitution. Causing one or more persons to engage in one or more acts of a sexual nature by force, threat of force, coercion, or by taking advantage of the inability to give genuine consent, with an expectation of obtaining a financial or other advantage in exchange for the acts of a sexual nature and conducted as part of a widespread or systematic attack against a civilian population.
Crime against humanity of forced pregnancy. Confining one or more women forced to become pregnant with the intent of affecting the ethnic composition of a population as part of a widespread or systematic attack directed against a civilian population.
Crime against humanity of enforced sterilization. Depriving one or more persons of biological reproductive capacity when it is neither justified for medical treatment nor carried out with consent as part of a widespread or systematic attack directed against a civilian population.
Crime against humanity of sexual violence. Committing a grave act of a sexual nature against one or more persons, or causing such person or persons to engage in an act of a sexual nature by force, threat of forces, coercion, or incapacity to give consent, as part of a widespread or systematic attack directed against a civilian population.
Crime against humanity of persecution. Severely depriving one or more persons of fundamental rights, contrary to international law, based upon political, racial, national, ethnic, cultural, religious, gender or other grounds universally recognized as impermissible under international law as part of a widespread or systematic attack directed against a civilian population.
Crime against humanity of enforced disappearance of persons. Refusing to acknowledge the arrest, detention, or abduction, or to give information about the fate or whereabouts of one or more persons, carried out by or with the acquiescence of a State or a political organization, with the intent to remove such person or persons from the protection of the law for a prolonged period of time as part of a widespread or systematic attack directed against a civilian population.
Crime against humanity of apartheid. Committing an inhumane act against one or more persons in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups committed as part of a widespread or systematic attack directed against a civilian population.
Crime against humanity of other inhumane acts. Inflicting great suffering or serious injury to the body or to the mental or physical health by means of an inhumane act committed as part of a widespread or systematic attack directed against a civilian population.
III. War Crimes
a. Grave Breaches of the Geneva Conventions
War crime of willful killing. Killing one or more persons protected under one or more of the Geneva Conventions of 1949, such conduct taking place in the context of an international armed conflict.
War crime of torture. Inflicting severe physical or mental pain or suffering upon one or more persons protected under one or more of the Geneva Conventions of 1949 for purposes of obtaining information or a confession, punishment, intimidation or coercion, or for any reason based on discrimination, such conduct taking place in the context of an international armed conflict.
War crime of inhuman treatment. Inflicting severe physical or mental pain or suffering upon one or more persons protected under one or more of the Geneva Conventions of 1949, such conduct taking place in the context of an international armed conflict.
War crime of biological experiments. Subjecting one or more persons protected under one or more of the Geneva Conventions of 1949 to biological experiments that seriously endangers the physical or mental health of such person or persons, such conduct taking place in the context of an international armed conflict.
War crime of willfully causing great suffering. Inflicting severe physical or mental pain or suffering upon one or more persons protected under one or more of the Geneva Conventions of 1949, such conduct taking place in the context of an international armed conflict.
War crime of destruction and appropriation of property. Destroying or appropriating property protected under one or more of the Geneva Conventions of 1949 under circumstances where the destruction or appropriation is not justified by military necessity, such conduct taking place in the context of an international armed conflict.
War crime of compelling service in hostile forces. Coercing one or more persons protected under one or more of the Geneva Conventions of 1949 to take part in military operations against the person’s own country or forces or to otherwise serve in the forces of the hostile power, such conduct taking place in the context of an international armed conflict.
War crime of denying a fair trial. Depriving one or more persons protected under one or more of the Geneva Conventions of 1949 of a fair trial by denying the judicial guarantees as defined, in particular, in the third and fourth Geneva Conventions, such conduct taking place in the context of an international armed conflict.
War crime of unlawful deportation and transfer. Deporting or transferring one or more persons protected under one or more of the Geneva Conventions of 1949 to another State or location, such conduct taking place in the context of an international armed conflict.
War crime of unlawful confinement. Confining one or more persons protected under one or more of the Geneva Conventions of 1949, such conduct taking place in the context of an international armed conflict.
War crime of taking hostages. Seizing, detaining, or otherwise holding hostage one or more persons protected under the Geneva Conventions of 1949 intending to compel a State, group, or person to act or refrain from acting as a condition for the safety or release of such person or persons, such conduct taking place in the context of an international armed conflict.
B. Serious Violations of the Laws and Customs Applicable in International Armed Conflict
War crime of attacking civilians. Deliberately directing an act, the object of which is a civilian population or individual civilians not taking direct part in hostilities, such conduct taking place in the context of an international armed conflict.
War crime of attacking civilian objects. Deliberately directing an act, the object of which is a civilian objects which are not legitimate military objectives, such conduct taking place in the context of an international armed conflict.
War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission. Deliberately directing an act, the object of which is people, places, or things involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations and entitled to protection under the law of armed conflict, such conduct taking place in the context of an international armed conflict.
War crime of excessive incidental death, injury, or damage. Launching an attack that would cause incidental death or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment that would be of such an extent as to be clearly excessive in relation to the overall military advantage anticipated, such conduct taking place in the context of an international armed conflict.
War crime of attacking undefended places. Attacking one or more town, villages, dwelling, or buildings that are open for unresisted occupation and did not constitute legitimate military objectives, such conduct taking place in the context of an international armed conflict.
War crime of killing or wounding a person hors de combat. Killing or injuring one or more persons hors de combat (out of combat and therefore protected), such conduct taking place in the context of an international armed conflict.
War crime of improper use of a flag of truce. Knowingly using a flag of truce to feign an intention to negotiate resulting in death or serious personal injury, such conduct taking place in the context of an international armed conflict.
War crime of improper use of a flag, insignia or uniform of the hostile party. Knowingly using a flag, insignia, or uniform of the hostile party in a manner prohibited under the international law of armed conflict resulting in death or serious personal injury, such conduct taking place in the context of an international armed conflict.
War crime of improper use of a flag, insignia or uniform of the United Nations. Knowingly using a flag, insignia, or uniform of the United Nations in a manner prohibited under the international law of armed conflict resulting in death or serious personal injury, such conduct taking place in the context of an international armed conflict.
War crime of improper use of the distinctive emblems of the Geneva Conventions. Knowingly using the distinctive emblems of the Geneva Conventions in a manner prohibited under the international law of armed conflict resulting in death or serious personal injury, such conduct taking place in the context of an international armed conflict.
The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory. Moving part of the occupying power’s own population into territory it occupies or deporting or relocating all or part of the population of the occupied territory, such conduct taking place in the context of an international armed conflict.
War crime of attacking protected objects. Directing an attack against one or more buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals or places where the sick and wounded are collected, which are not military objectives, such conduct taking place in the context of an international armed conflict.
War crime of mutilation. Subjecting one or more persons under the power of the perpetrator to disfigurement, or the disabling or removal of an organ or appendage, causing death or seriously endangering the physical or mental health of such person or persons without medical justification, such conduct taking place in the context of an international armed conflict.
War crime of medical or scientific experiments. Subjecting one or more persons under the power of the perpetrator to medical or scientific experiments causing death or seriously endangering the physical or mental health of such person or persons without medical justification, such conduct taking place in the context of an international armed conflict.
War crime of treacherously killing or wounding. Inducing one or more of the adverse party to believe the perpetrator is entitled to the protections afforded under the international law applicable in armed conflict and then betraying that belief resulting in the death or injury of one or more of the adverse party, such conduct taking place in the context of an international armed conflict.
War crime of denying quarter. While in command or control over subordinate forces, declaring that there shall be no survivors in order to threaten an adversary or to conduct hostilities intending there be no survivors, such conduct taking place in the context of an international armed conflict.
War crime of destroying or seizing the enemy’s property. Destroying or seizing property of a hostile party knowing such property is protected under the international law of armed conflict and is not justified by military necessity, such conduct taking place in the context of an international armed conflict.
War crime of depriving the nationals of the hostile power of rights or actions. Abolishing, suspending, or terminating certain rights or actions in a court of law of the national of a hostile party, such conduct taking place in the context of an international armed conflict.
War crime of compelling participation in military operations. Coercing nationals of a hostile party, by acts or threats, to take part in military operations against their own country or forces, such conduct taking place in the context of an international armed conflict.
War crime of pillaging. Appropriating property for personal use without the consent of the owner, such conduct taking place in the context of an international armed conflict.
War crime of employing poison or poisoned weapons. Employing a substance whose toxic properties cause death or serious injury in the ordinary course of events, such conduct taking place in the context of an international armed conflict.
War crime of employing prohibited gases, liquids, materials or devices. Employing a gas or similar substance with asphyxiating or toxic properties that cause death or serious injury in the ordinary course of events, such conduct taking place in the context of an international armed conflict.
War crime of employing prohibited bullets. Employing bullets that violate the international law of armed conflict because they expand or flatten easily in the human body, such conduct taking place in the context of an international armed conflict.
War crime of outrages upon personal dignity. Humiliating, degrading, or otherwise violating the dignity of one or more persons to a degree generally recognized as an outrage on personal dignity, such conduct taking place in the context of an international armed conflict.
War crime of rape. Penetrating the body of the victim or the perpetrator, however slight, with a sexual organ, or of the anal or genital opening of the victim with any object or body part, by force or threat of force or coercion, or against a person incapable of giving consent, such conduct taking place in the context of an international armed conflict.
War crime of sexual slavery. Exercising the power attaching to the right of ownership over one or more persons or imposing similar deprivations of liberty, and causing such person or person to engage in one or more acts of a sexual nature, such conduct taking place in the context of an international armed conflict.
War crime of enforced prostitution. Causing one or more persons to engage in one or more acts of a sexual nature by force, threat of force, coercion, or by taking advantage of the inability to give genuine consent, with an expectation of obtaining a financial or other advantage in exchange for the acts of a sexual nature, such conduct taking place in the context of an international armed conflict.
War crime of forced pregnancy. Confining one or more women forced to become pregnant with the intent of affecting the ethnic composition of a population or carrying out other gave violations of international law, such conduct taking place in the context of an international armed conflict.
War crime of enforced sterilization. Depriving one or more persons of biological reproductive capacity when it is neither justified for medical treatment nor carried out with consent, such conduct taking place in the context of an international armed conflict.
War crime of sexual violence. Committing a grave act of a sexual nature against one or more persons, or causing such person or persons to engage in an act of a sexual nature by force, threat of forces, coercion, or incapacity to give consent, such conduct taking place in the context of an international armed conflict.
War crime of using protected persons as shields. Using one or more civilians or other persons protected under the international law of armed conflict to shield a military objective from attack or impede military operations, such conduct taking place in the context of an international armed conflict.
War crime of attacking objects or persons using the distinctive emblems of the Geneva Conventions. Attacking one or more persons, buildings, medical units or transports, or other objects using, in conformity with international law, a distinctive emblem or other method of identification indicating protection under the Geneva Conventions, such conduct taking place in the context of an international armed conflict.
War crime of starvation as a method of warfare. Depriving civilian of objects indispensable to their survival intending to starve them as a method of warfare, such conduct taking place in the context of an international armed conflict.
War crime of using, conscripting or enlisting children. Conscripting one or more persons into the national armed forces or using one or more person in active hostilities where such person is under the age of 15 years, such conduct taking place in the context of an international armed conflict.
C. Serious Violations of Common Article 3 of the Geneva Conventions in Conflicts Not of an International Character
War crime of murder. Killing one or more persons that were hors de combat or civilians, medical personnel, or religious personnel taking no part in the hostilities, such conduct taking place in the context of an armed conflict not of an international character.
War crime of mutilation. Subjecting one or more persons under the power of the perpetrator to disfigurement, or the disabling or removal of an organ or appendage, causing death or seriously endangering the physical or mental health of such person or persons without medical justification, such conduct taking place in the context of an armed conflict not of an international character.
War crime of cruel treatment. Inflicting severe physical or mental pain or suffering upon one or more persons either hors de combat or civilians, medical personnel, or religious personnel taking no active part in hostilities, such conduct taking place in the context of an armed conflict not of an international character.
War crime of torture. Inflicting severe physical or mental pain or suffering upon one or more persons either hors de combat or civilians, medical personnel or religious personnel taking no active part in the hostilities for purposes of obtaining information or a confession, punishment, intimidation or coercion, or for any reason based on discrimination, such conduct taking place in the context of an armed conflict not of an international character.
War crime of outrages upon personal dignity. Humiliating, degrading, or otherwise violating the dignity of one or more persons either hors de combat or civilians, medical personnel or religious personnel taking no active part in the hostilities to a degree generally recognized as an outrage on personal dignity, such conduct taking place in the context of an armed conflict not of an international character.
War crime of taking hostages. Seizing, detaining, or otherwise holding hostage one or more persons either hors de combat or civilians, medical personnel or religious personnel taking no active part in the hostilities intending to compel a State, group, or person to act or refrain from acting as a condition for the safety or release of such person or persons, such conduct taking place in the context of an armed conflict not of an international character.
War crime of sentencing or execution without due process. Passing sentence or executing one or more persons either hors de combat or civilians, medical personnel or religious personnel taking no part in hostilities, when there was no previous judgment by a court, or the court that rendered judgment was not ‘regularly constituted’ in that it did not afford the essential guarantees of independence and impartiality, or the court that rendered judgment did not afford all other judicial guarantees generally recognized as indispensable under international law, such conduct taking place in the context of an armed conflict not of an international character.
D. Serious Violations of the Laws and Customs Applicable to Armed Conflicts Not of an International Character
War crime of attacking civilians. Deliberately directing an act, the object of which is a civilian population or individual civilians not taking direct part in hostilities, such conduct taking place in the context of an armed conflict not of an international character.
War crime of attacking objects or persons using the distinctive emblems of the Geneva Conventions. Attacking one or more persons, buildings, medical units or transports, or other objects using, in conformity with international law, a distinctive emblem or other means of identifications indicating protection under the Geneva Conventions, such conduct taking place in the context of an armed conflict not of an international character.
War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission. Deliberately directing an act, the object of which is people, places, or things involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations and entitled to protection under the law of armed conflict, such conduct taking place in the context of an armed conflict not of an international character.
War crime of attacking protected objects. Directing an attack against one or more buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals or places where the sick and wounded are collected, which are not military objectives, such conduct taking place in the context of an armed conflict not of an international character.
War crime of pillaging. Appropriating property for personal use without the consent of the owner, such conduct taking place in the context of an armed conflict not of an international character.
War crime of rape. Penetrating the body of the victim or the perpetrator, however slight, with a sexual organ, or of the anal or genital opening of the victim with any object or body part, by force or threat of force or coercion, or against a person incapable of giving consent, such conduct taking place in the context of an armed conflict not of an international character.
War crime of sexual slavery. Exercising the power attaching to the right of ownership over one or more persons or imposing similar deprivations of liberty, and causing such person or person to engage in one or more acts of a sexual nature, such conduct taking place in the context of an armed conflict not of an international character.
War crime of enforced prostitution. Causing one or more persons to engage in one or more acts of a sexual nature by force, threat of force, coercion, or by taking advantage of the inability to give genuine consent, with an expectation of obtaining a financial or other advantage in exchange for the acts of a sexual nature, such conduct taking place in the context of an armed conflict not of an international character.
War crime of forced pregnancy. Confining one or more women forced to become pregnant with the intent of affecting the ethnic composition of a population or carrying out other gave violations of international law, such conduct taking place in the context of an armed conflict not of an international character.
War crime of enforced sterilization. Depriving one or more persons of biological reproductive capacity when it is neither justified for medical treatment nor carried out with consent, such conduct taking place in the context of an armed conflict not of an international character.
War crime of sexual violence. Committing a grave act of a sexual nature against one or more persons, or causing such person or persons to engage in an act of a sexual nature by force, threat of forces, coercion, or incapacity to give consent, such conduct taking place in the context of an armed conflict not of an international character.
War crime of using, conscripting and enlisting children. Conscripting one or more persons into the national armed forces or using one or more person in active hostilities where such person is under the age of 15 years, such conduct taking place in the context of an armed conflict not of an international character.
War crime of displacing civilians. Ordering the displacement of a civilian population when such order is not justified by legitimate concern for the security of the civilians involved or by military necessity, such conduct taking place in the context of an armed conflict not of an international character.
War crime of treacherously killing or wounding. Inducing one or more of the adverse party to believe the perpetrator is entitled to the protections afforded under the international law applicable in armed conflict and then betraying that belief resulting in the death or injury of one or more of the adverse party, such conduct taking place in the context of an armed conflict not of an international character.
War crime of denying quarter. While in command or control over subordinate forces, declaring that there shall be no survivors in order to threaten an adversary or to conduct hostilities intending there be no survivors, such conduct taking place in the context of an armed conflict not of an international character.
War crime of mutilation. Subjecting one or more persons under the power of the perpetrator to disfigurement, or the disabling or removal of an organ or appendage, causing death or seriously endangering the physical or mental health of such person or persons without medical justification, such conduct taking place in the context of an armed conflict not of an international character.
War crime of medical or scientific experiments. Subjecting one or more persons under the power of the perpetrator to medical or scientific experiments causing death or seriously endangering the physical or mental health of such person or persons without medical justification, such conduct taking place in the context of an armed conflict not of an international character.
War crime of destroying or seizing the enemy’s property. Destroying or seizing property of a hostile party knowing such property is protected under the international law of armed conflict and is not justified by military necessity, such conduct taking place in the context of an armed conflict not of an international character.
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