The Geneva Convention defines war crimes as “grave breaches” of the Convention. These are acts that are “intentionally causing death or serious injury to body or health,” “willfully causing great suffering or serious injury to body or health,” and “torture.” There is no specific definition for crimes against humanity, but the Rome Statute specifies certain actions that may constitute a crime against humanity.
These include murder, extermination, enslavement, deportation, imprisonment, torture, rape, sexual slavery, forced pregnancy, forced abortion, and any other inhumane act committed against any civilian population. So what’s the difference between war crimes and crimes against humanity? This infographic lays out the key distinctions.
What are War Crimes?
War crimes are serious violations of the laws and customs of war that take place during an armed conflict. War crimes include such offenses as murder, the use of child soldiers, rape, and the targeting of civilians. They are distinct from crimes against humanity, which are offenses that are committed against any civilian population, regardless of whether there is an armed conflict taking place. War crimes are prosecuted by international tribunals, such as the International Criminal Court, as well as by national courts. The prosecution of war crimes carries a potential penalty of life imprisonment or even death.
What are Crimes Against Humanity?
Crimes against humanity are certain acts that are committed as part of a widespread or systematic attack against any civilian population. These acts can include murder, extermination, torture, rape, imprisonment, and forced displacement. Crimes against humanity are often perpetrated during wartime, but they can also occur in times of peace. The perpetrators of these crimes can be government officials or members of a non-state actor, such as a terrorist organization. No one is immune from prosecution for crimes against humanity, and the punishment for these crimes can be life imprisonment or even death.
Difference between War Crimes and Crimes Against Humanity
War Crimes are defined by the Geneva Conventions and Additional Protocols thereto, as well as by customary international law. War Crimes are serious violations of the laws and customs applicable in international armed conflict or in internal armed conflict. They include but are not limited to, Killing or causing serious injury to civilians not taking adequate measures to protect civilians against the effects of hostilities Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of war attacking military objectives in the knowledge that such attack will cause incidental loss of civilian life which would be clearly excessive in relation to the concrete and direct military advantage anticipated Forcing a person to serve in the forces of a hostile power attacking humanitarian workers, civil defense units, medical units, or vehicles bearing the distinctive emblems of the Geneva Conventions Depriving a prisoner-of-war or a civilian protected person of a fair trial killing or torturing a captured combatant who has surrendered Failing to treat properly persons who are wounded and sickIllegally deporting, transferring or detaining civilian crimes Against Humanity, on the other hand, are much more comprehensive.
Conclusion
War crimes are violations of the laws and customs of war that include, but are not limited to, murder, torture, rape, and pillage. Crimes against humanity, on the other hand, are certain acts committed as part of a widespread or systematic attack directed against any civilian population. The main difference between these two offenses is that war crimes are specifically linked to warfare while crimes against humanity can be committed in peacetime or wartime.
