The Hague Conventions adopted in 1899 and 1907 focus on the prohibition to warring parties to use certain means and methods of warfare. Even though the prohibition of certain behavior in the conduct of armed conflict can be traced back many centuries, the concept of war crimes developed particularly at the end of the 19th century and beginning of the 20th century, when international humanitarian law, also known as the law of armed conflict, was codified. For example, Article 8 of the Rome Statute categorises war crimes as follows: From a more substantive perspective, war crimes could be divided into: a) war crimes against persons requiring particular protection; b) war crimes against those providing humanitarian assistance and peacekeeping operations; c) war crimes against property and other rights; d) prohibited methods of warfare; and e) prohibited means of warfare. This term is used in such expressions as “to give no quarter” or “cry quarter”; in regard to hostilities by land, sea or air, denial of quarter means refusing to spare the life of anybody, even of persons manifestly unable to defend themselves or who clearly express their intention to surrender. to the benefit of quarter. During the Falklands war the Argentinians defending the school house at Goose Green waved a white flag, 3 Para Officers walked forward to take the surrender and were promptly shot dead. [7], The term may originate from an order by the commander of a victorious army that they will not quarter (house) captured enemy combatants. Treaties, States Parties and Commentaries, Wounded, sick, shipwrecked, dead and missing, Medical personnel, facilities and transports, General Statements on International Humanitarian Law, Chronology of Cases and Documents Relating to Past and Contemporary Conflicts. In international armed conflicts, victims include wounded and sick members of armed forces in the field and at sea, prisoners of war and civilian persons. What constitutes a war crime may differ, depending on whether an armed conflict is international or non-international. In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause: Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.
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