International Criminal Law
Question 3:
This essay will examine the potential indictments that may be brought against
Mr Davidson for the War Crimes he committed during a civil war between the Jar
and Tar ethnic groups in TANKO. In order to achieve this judgment, I will investigate
what constitutes a war crime, the punishments for breaches of the laws of war, what
NIAC’s are, and the Actus Reus and Mens Rea of war crimes, among other factors. I
will use my analysis of legal precedents and legislation, including the Nuremberg
Charter, the Geneva Convention (and its supplementary protocols), Articles 3/4 of
the ICTY, and Article 8 of the Rome Statute (and its prohibited acts) to reach my
conclusion to justify pursuing charges against Mr Davidson.
Firstly, International Humanitarian Law 1 (IHL2) is based on the Geneva Conventions 3
and its supplementary Protocols4, which provide rules for the conduct of armed
conflict and aim to mitigate its consequences. They safeguard those who are
not actively participating in the conflict or who have stopped doing so.
While the phrase ‘War Crimes’ is typically used to refer to international crimes, they
include a wide range of wrongdoings, not just one. Article 8 5 of the ICC Statute
details these violations. Some examples include, “directing attacks against civilian
populations, religious buildings, schools, hospitals, historic monuments, rape and
enforced prostitution6”. Nonetheless, the application of the law of armed conflict
relies on individual liability.
On the whole, the primary sources of the written law regulating armed conflicts and
its application to any given instance involving war crimes are the ‘Opinio juris sive
1
The definition of IHL is as follows: Humanitarian concerns motivate the development of international humanitarian law, a body
of laws intended to mitigate the worst outcomes of war. People who are not or are no longer taking part in the fighting are
safeguarded, and the ways in which war may be waged are limited. The term "law of war" or "law of armed conflict" is another
name for international humanitarian law.
2
Icrc, 'What is International Humanitarian Law?' (ICRC ADVISORY SERVICE ON INTERNATIONAL HUMANITARIAN
LAW, 2020) <https://www.icrc.org/en/doc/assets/files/other/what_is_ihl.pdf>accessed 2 January 2023
3
The most fundamental regulations regulating the barbarity of war may be found in international treaties like the Geneva
Conventions and their Additional Protocols. They shield those who are not fighting (civilians, medical personnel, humanitarian
workers) and those who are injured or unable to fight (wounded, sick and shipwrecked troops, prisoners of war).
4
Icrcorg, 'The Geneva Conventions of 1949 and their Additional Protocols' (ICRC, 01 JANUARY 2014)
<https://www.icrc.org/en/document/geneva-conventions-1949-additional-protocols> accessed 2 January 2023
5
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 1998 cl Article 8
6
Icc-cpiint, 'Rome Statute of the International Criminal Court' (International Criminal
Court, 2020) <https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf> accessed 2 January 2023
, International Criminal Law
necessitas: CIL acceptance of a practice as creating legal obligations’, ‘The Hague
Conventions 1899 and 19077’, ‘The Geneva Conventions 19498’ and ‘The Additional
Protocols I, II & III (1977 & 2005)9’.
Therefore, it appears that Mr Davidson, a pagan, and commander of the Jar ethnic
group, has likely violated Art 8 of the ICC Statute because he "directed attacks
against civilian populations and resorted to the destruction of places of worship 10"
(mosques, churches, and temples), killing 150 people and leaving 215 others in
critical condition.
Crimes of the greatest concern to the international community will be the only focus
of the Court's jurisdiction. According to Article 5 11 of the Rome Statute, the Court has
jurisdiction over genocide12, CAH13, war crimes14, and the crime of aggression15.
Given this, Article 6(b)16 of the Nuremberg Charter 17 states: "The Tribunal formed by
the Agreement referred to in Article 1 shall have the competence to prosecute and
punish people who committed" the following crimes “(b) War crimes: namely,
violation of the laws or customs of war. Such violations shall include, murder, for any
other purpose of civilian population or in occupied territory murder or ill-treatment of
prisoners of war, killing of hostages, plunder of public or private property or wanton
destruction of cities towns or villages…18”.
7
The editors of encyclopaedia britannica, 'Hague Convention international treaties [1899, 1907]' (Britannicacom, 2020)
<https://www.britannica.com/event/Hague-Conventions> accessed 2 January 2023
8
Icrcorg, 'The Geneva Conventions of 1949 and their Additional Protocols' (International Committee of the Red Cross, 29
October 2010) <https://www.icrc.org/en/doc/war-and-law/treaties-customary-law/geneva-conventions/overview-geneva-
conventions.htm> accessed 2 January 2023
9
Icrcorg, 'Protocols I and II additional to the Geneva Conventions' (International Committee of the Red Cross, 01 January
2009) <https://www.icrc.org/en/doc/resources/documents/misc/additional-protocols-1977.htm> accessed 2 January 2023
10
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT* 1998 cl Article 8 ((ix) Intentionally directing attacks against
buildings dedicated to religion)
11
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 1998 cl Article 5
12
Unorg, 'Office on Genocide Prevention and the Responsibility to Protect' (United Nations, 2020)
<https://www.un.org/en/genocideprevention/genocide.shtml> accessed 2 January 2023
13
Unorg, 'Crimes Against Humanity' (United Nations, 2020) <https://www.un.org/en/genocideprevention/crimes-against-
humanity.shtml>accessed 2 January 2023
14
Unorg, 'War Crimes' (United Nations, 2020) <https://www.un.org/en/genocideprevention/war-crimes.shtml> accessed 2
January 2023
15
Crimeofagressioninfo, 'Definition of the crime of aggression' (Role of the ICC, 2020) <https://crimeofaggression.info/role-of-
the-icc/definition-of-the-crime-of-aggression/> accessed 2 January 2023
16
Ihl-databasesicrcorg, 'Article 6 (b)' (International Humanitarian Law Databases, 2020) <https://ihl-databases.icrc.org/en/ihl-
treaties/nuremberg-tribunal-charter-1945/article-6b> accessed 2 January 2023
17
Nuremberg Charter 1945
18
Unorg, 'Agreement for the prosecution and punishment of the major war criminals ' (United Nations, 2020)
<https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.2_Charter%20of%20IMT%201945.pdf>accessed 2
January 2023
Question 3:
This essay will examine the potential indictments that may be brought against
Mr Davidson for the War Crimes he committed during a civil war between the Jar
and Tar ethnic groups in TANKO. In order to achieve this judgment, I will investigate
what constitutes a war crime, the punishments for breaches of the laws of war, what
NIAC’s are, and the Actus Reus and Mens Rea of war crimes, among other factors. I
will use my analysis of legal precedents and legislation, including the Nuremberg
Charter, the Geneva Convention (and its supplementary protocols), Articles 3/4 of
the ICTY, and Article 8 of the Rome Statute (and its prohibited acts) to reach my
conclusion to justify pursuing charges against Mr Davidson.
Firstly, International Humanitarian Law 1 (IHL2) is based on the Geneva Conventions 3
and its supplementary Protocols4, which provide rules for the conduct of armed
conflict and aim to mitigate its consequences. They safeguard those who are
not actively participating in the conflict or who have stopped doing so.
While the phrase ‘War Crimes’ is typically used to refer to international crimes, they
include a wide range of wrongdoings, not just one. Article 8 5 of the ICC Statute
details these violations. Some examples include, “directing attacks against civilian
populations, religious buildings, schools, hospitals, historic monuments, rape and
enforced prostitution6”. Nonetheless, the application of the law of armed conflict
relies on individual liability.
On the whole, the primary sources of the written law regulating armed conflicts and
its application to any given instance involving war crimes are the ‘Opinio juris sive
1
The definition of IHL is as follows: Humanitarian concerns motivate the development of international humanitarian law, a body
of laws intended to mitigate the worst outcomes of war. People who are not or are no longer taking part in the fighting are
safeguarded, and the ways in which war may be waged are limited. The term "law of war" or "law of armed conflict" is another
name for international humanitarian law.
2
Icrc, 'What is International Humanitarian Law?' (ICRC ADVISORY SERVICE ON INTERNATIONAL HUMANITARIAN
LAW, 2020) <https://www.icrc.org/en/doc/assets/files/other/what_is_ihl.pdf>accessed 2 January 2023
3
The most fundamental regulations regulating the barbarity of war may be found in international treaties like the Geneva
Conventions and their Additional Protocols. They shield those who are not fighting (civilians, medical personnel, humanitarian
workers) and those who are injured or unable to fight (wounded, sick and shipwrecked troops, prisoners of war).
4
Icrcorg, 'The Geneva Conventions of 1949 and their Additional Protocols' (ICRC, 01 JANUARY 2014)
<https://www.icrc.org/en/document/geneva-conventions-1949-additional-protocols> accessed 2 January 2023
5
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 1998 cl Article 8
6
Icc-cpiint, 'Rome Statute of the International Criminal Court' (International Criminal
Court, 2020) <https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf> accessed 2 January 2023
, International Criminal Law
necessitas: CIL acceptance of a practice as creating legal obligations’, ‘The Hague
Conventions 1899 and 19077’, ‘The Geneva Conventions 19498’ and ‘The Additional
Protocols I, II & III (1977 & 2005)9’.
Therefore, it appears that Mr Davidson, a pagan, and commander of the Jar ethnic
group, has likely violated Art 8 of the ICC Statute because he "directed attacks
against civilian populations and resorted to the destruction of places of worship 10"
(mosques, churches, and temples), killing 150 people and leaving 215 others in
critical condition.
Crimes of the greatest concern to the international community will be the only focus
of the Court's jurisdiction. According to Article 5 11 of the Rome Statute, the Court has
jurisdiction over genocide12, CAH13, war crimes14, and the crime of aggression15.
Given this, Article 6(b)16 of the Nuremberg Charter 17 states: "The Tribunal formed by
the Agreement referred to in Article 1 shall have the competence to prosecute and
punish people who committed" the following crimes “(b) War crimes: namely,
violation of the laws or customs of war. Such violations shall include, murder, for any
other purpose of civilian population or in occupied territory murder or ill-treatment of
prisoners of war, killing of hostages, plunder of public or private property or wanton
destruction of cities towns or villages…18”.
7
The editors of encyclopaedia britannica, 'Hague Convention international treaties [1899, 1907]' (Britannicacom, 2020)
<https://www.britannica.com/event/Hague-Conventions> accessed 2 January 2023
8
Icrcorg, 'The Geneva Conventions of 1949 and their Additional Protocols' (International Committee of the Red Cross, 29
October 2010) <https://www.icrc.org/en/doc/war-and-law/treaties-customary-law/geneva-conventions/overview-geneva-
conventions.htm> accessed 2 January 2023
9
Icrcorg, 'Protocols I and II additional to the Geneva Conventions' (International Committee of the Red Cross, 01 January
2009) <https://www.icrc.org/en/doc/resources/documents/misc/additional-protocols-1977.htm> accessed 2 January 2023
10
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT* 1998 cl Article 8 ((ix) Intentionally directing attacks against
buildings dedicated to religion)
11
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 1998 cl Article 5
12
Unorg, 'Office on Genocide Prevention and the Responsibility to Protect' (United Nations, 2020)
<https://www.un.org/en/genocideprevention/genocide.shtml> accessed 2 January 2023
13
Unorg, 'Crimes Against Humanity' (United Nations, 2020) <https://www.un.org/en/genocideprevention/crimes-against-
humanity.shtml>accessed 2 January 2023
14
Unorg, 'War Crimes' (United Nations, 2020) <https://www.un.org/en/genocideprevention/war-crimes.shtml> accessed 2
January 2023
15
Crimeofagressioninfo, 'Definition of the crime of aggression' (Role of the ICC, 2020) <https://crimeofaggression.info/role-of-
the-icc/definition-of-the-crime-of-aggression/> accessed 2 January 2023
16
Ihl-databasesicrcorg, 'Article 6 (b)' (International Humanitarian Law Databases, 2020) <https://ihl-databases.icrc.org/en/ihl-
treaties/nuremberg-tribunal-charter-1945/article-6b> accessed 2 January 2023
17
Nuremberg Charter 1945
18
Unorg, 'Agreement for the prosecution and punishment of the major war criminals ' (United Nations, 2020)
<https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.2_Charter%20of%20IMT%201945.pdf>accessed 2
January 2023
