What distinguishes war crimes from other criminal offences?
After Russia invaded Ukraine in early 2022, the International Criminal Court (ICC) in The Hague began investigating alleged crimes against humanity and war crimes in Ukraine.
Neither Ukraine nor Russia is party to the Rome Statute, the treaty that established the ICC. The court cannot exercise jurisdiction over crimes by non-member states, so Ukraine is seeking backing for a special war crimes tribunal, in addition to the investigation by the ICC. This special tribunal would focus exclusively on the Russian crime of aggression against Ukraine and would aim to hold the Russian military and political elite responsible for the war.
How do you understand the term “war crimes”? What distinguishes war crimes from other criminal offences? Should war crimes be tried as criminal offences? Join the discussion!
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