Author(s): Fateme Ghaeminasab
This article explores the scope and implications of war crimes within the context of the third generation of international criminal courts. War crimes, which include atrocities such as ethnic cleansing, prisoner executions, rape, and civilian bombings, are serious breaches of international humanitarian law. The article traces the development of the concept of war crimes from its early references in the Hague Convention of 1899 to the pivotal advancements following the Nuremberg Trials in 1945 and the establishment of the international criminal court (ICC) in 2002. The ICC's mandate to prosecute individuals for genocide, crimes against humanity, and war crimes represents a significant leap in international justice. This study delves into the challenges of prosecuting war crimes, such as jurisdictional issues, political considerations, and the difficulties of evidence collection in active conflict zones. It also discusses the principles of distinction and proportionality, which are essential to international humanitarian law, especially in the context of modern warfare involving non-state actors and advanced technologies. The article emphasizes the need for continual adaptation of legal frameworks to address new challenges and ensure accountability. The evolving interpretation and prosecution of war crimes reflect the international community's persistent efforts to maintain justice, prevent atrocities, and achieve enduring peace.