Criminal Consequences of War Crimes Before International Criminal Courts:Armed Conflicts as War Crimes

Abstract

The crimes specified by the Rome Statute, falling under the purview of international criminal jurisdiction and international law, pose a significant threat to peace, security, and fundamental human rights. These crimes have three, possibly four, core dimensions, including the legal dimension. These dimensions encompass the material, moral, and international aspects. In the context of researching war crimes, Article 8 of the Rome Statute criminalizes acts of war. War, in this context, refers to conflicts involving opposing parties who employ all available means to secure victory or impose their will on others.

The importance of this research lies in understanding the criminal ramifications of both international and non-international armed conflicts, as well as prohibited actions during wars. The role of both temporary and permanent international criminal courts is crucial in resolving these conflicts by referring to agreements and treaties to curtail and prevent their recurrence. Such violations may occur during or after a conflict, with enduring psychological effects such as death, displacement, rape, enslavement, economic devastation, building destruction, and lingering cases of psychological trauma imprinted on collective memories.