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War Crime Accountability


Author: Yeddu Meghana, Osmania University


People are affected by war profoundly and permanently, both immediately and over time. Physical, psychological, social, and economic levels are all affected. Both civilians and combatants run the risk of suffering injuries or losing their lives. The greatest number of victims are frequently civilians, particularly in confrontations involving landmines, aerial bombardments, or ethnic violence. Millions of people are forced to leave their homes due to war. Internally displaced people (IDPs) and refugees must endure perilous travel, property loss, and family separation. Basic necessities including access to food, water, and medical care are disrupted when homes, hospitals, schools, and other vital services are destroyed by war.
War can have a terrible psychological impact and leave enduring emotional scars. Post-traumatic stress disorder (PTSD), sadness, and anxiety are common among combat victims. Soldiers and citizens alike may experience nightmares, flashbacks, and a profound sense of loss. When friends, family, or neighbours pass away, it can cause intense sadness, emotional numbness, and a sense of powerlessness. Children are especially susceptible to witnessing violence or even joining the military. Their mental health and future development may be influenced by the trauma they endure.War has the power to destroy towns and families. When social institutions disintegrate, trust and social cohesiveness may be undermined, making it more challenging to heal and reconcile after a conflict.
War disproportionately affects women and girls, who experience increased rates of exploitation, trafficking, and sexual abuse. Sexual assault frequently turns into a weapon of mass destruction. War frequently makes already-existing social differences based on political, religious, or ethnic views worse. Cycles of violence, retaliation, and additional persecution of minorities may result from this. Roads, bridges, and power plants are among the infrastructures that are frequently destroyed during war. This hurts economies and makes it hard for people to get jobs or start their own enterprises. War may bring down entire economies. Wages decline, jobs are destroyed, and many people are left without a source of income. The conflict may cause long-term poverty or economic stagnation in some areas.
People are frequently pushed farther into poverty by conflict because of the devastation of infrastructure, loss of livelihoods, and interruption of industry or agriculture. Famine, a shortage of food, and a lack of essential resources can arise from this. War can have repercussions that last for generations. Growing up in a war zone exposes children to inadequate schooling, delayed development, and unstable futures. These problems have the potential to prolong violent and impoverished cycles. For years, refugees and internally displaced persons may reside in camps, frequently without proper supplies. They may find it difficult to integrate into new communities or nations because to their lack of stability and uncertainty about the future.
Accountability for war crimes is a critical worldwide issue as conflicts continue to rage in different parts of the world. Serious violations of international humanitarian law (IHL) that occur during armed conflict are known as war crimes. Among these are intentional assaults on civilians. The use of weapons that are forbidden, such as cluster munitions or chemical weapons. Genocide, sexual assault, and torture. Aiming for humanitarian or cultural establishments,
The *Geneva Conventions (1949)*and their Additional Protocols are among the legal systems that regulate war crimes. The International Criminal Court’s (ICC) Rome Statute, International customary law.
Alleged war crimes during the current conflict between Russia and Ukraine are being looked into by the International Criminal Court (ICC). An important step in holding state leaders responsible was taken in 2023 when the ICC issued arrest warrants for Russian officials involved in the deportation of Ukrainian children. The International Court of Justice (ICJ) and the ICC are dealing with matters pertaining to the ethnic cleansing and genocide of the Rohingya people in Myanmar and the Rohingya Crisis. Reports of forced starvation, sexual assault, and mass murder in Ethiopia’s Tigray War have prompted requests for international enquiries and indictments. Rekindled hostilities in the Israel-Palestine conflict have heightened discussions about alleged war crimes, such as the targeting of civilians and the legitimacy of military actions.
Accountability confronts a number of challenges despite strong legal systems. For example, several states limit enforcement capabilities by refusing to recognise the authority of the ICC or other international institutions. Investigations and prosecutions in international venues are frequently postponed or obstructed by geopolitical concerns. It can be difficult to collect trustworthy evidence in places of active conflict, particularly those with little access to the outside world. Critics contend that when powerful governments escape investigation, poorer ones are disproportionately targeted by international systems.
Accountability for war crimes is contingent upon the particular circumstances, the type of crime, and the procedures established for its investigation and prosecution. The perpetrators of war crimes, including the targeting of people, torture, and genocide, may face consequences. Heads of state, generals, and other senior officials fall under this category. Prosecution may also be brought against soldiers or other individuals who directly commit war crimes. If leaders failed to stop or punish war crimes committed by subordinates while knowing (or should have known) about them, they could be held liable. Even while states are not “prosecuted” in the same manner as individuals, they can nevertheless be held responsible through international court decisions like the International Court of Justice, reparations, and sanctions.
Under some laws, businesses or individuals that knowingly aid war crimes by supplying weapons, money, or logistical support may also be held accountable. Under their national laws, nations have the authority to prosecute war crimes. People are prosecuted for war crimes by courts such as the **International Criminal Court (ICC)* or ad hoc tribunals (such as the International Criminal Tribunal for Rwanda or the Nuremberg Trials). The Special Court for Sierra Leone is one example of a court that combines the national and international legal systems. On the grounds that war crimes have an impact on all of humanity, several states bring charges against individuals for war crimes regardless of the location of the acts. Powerful states or individuals may evade accountability through political leverage or lack of enforcement mechanisms.
War crimes, which include acts like the intentional targeting of civilians, genocide, torture, and the use of prohibited weapons, are some of the most serious transgressions of international law. Justice, deterrence, and the maintenance of international order all depend on holding those responsible for these crimes accountable. However, there are still many obstacles in the way of accountability, such as political meddling and the difficulty of gathering evidence in conflict areas.
Political clout or veto power in organisations like the UN Security Council can help powerful states or people avoid justice. War crime investigation and prosecution demand substantial financial and logistical resources, which are frequently insufficient in post-conflict settings. It is risky and challenging to gather trustworthy evidence in areas devastated by recent or ongoing conflict. Even when convictions are obtained, it can be difficult to enforce punishments, particularly when they involve prominent figures. Accountability makes ensuring that victims’ voices are heard and recognises their pain. The prosecution of war crimes may serve as a deterrent to future crimes by making it abundantly evident that such acts will not go unpunished. International law is strengthened by accountability, which promotes adherence to institutions and standards. A sustainable peace frequently requires justice because it resolves grievances that can lead to more violence.
When a war is started without a UN Charter-based legal basis, it is against international law. Intentional injury is done to civilians, POWs, and non-combatants. Weapons or strategies that are prohibited are employed.
Human rights are routinely infringed. These infractions pose a threat to the world order and human values in addition to being violations of legal frameworks. To guarantee that these rules are followed and enforced, it is essential to hold offenders accountable.


Conclusion:

For the sake of justice, deterrent, and averting further horrors, war criminals must be held accountable. Notwithstanding the notable advancements, political meddling, resource constraints, and enforcement deficiencies continue to be strong obstacles. In order to overcome these obstacles and guarantee that the rights of victims are respected and those guilty of war crimes are held accountable, a concerted international effort is essential. Only by tackling war crimes with unwavering determination will the world progress towards a more equitable and tranquil future. International law offers a framework for accountability, but in reality, it is still difficult to execute. Accountability for war crimes is still essential for post-conflict countries’ justice, deterrence, and reconciliation. Depoliticising international justice, utilising new technology, and filling enforcement gaps are necessary for success.
The international community may reaffirm its commitment to respecting international law and safeguarding human rights by guaranteeing accountability. War has far-reaching and significant repercussions. Even though the short-term effects are frequently disastrous, the long-term effects on people, families, and communities are equally terrible and frequently have an influence on entire generations.


FAQS


*What is the International Criminal Court (ICC)?
The ICC is a permanent tribunal that tries people responsible for serious international crimes. The ICC’s headquarters are in The Hague, Netherlands.


*Who should be responsible for war crimes?
Besides State responsibility for violations of international law, individuals may be held criminally responsible for international crimes (i.e., war crimes, crimes against humanity, and genocide).

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