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In March 2003, the United States and its allies, the United Kingdom, Australia and Poland invaded Iraq. The UK, Australia and Poland are all state parties to the Rome Statute which established the International Criminal Court (ICC) and therefore their nationals are liable to prosecution by the court for the violation of any relevant international criminal laws. As the United States is not a state party, American citizens can only be prosecuted by the court if the crime takes place in the territory of a state party (e.g. Jordan), or if the situation is referred to it by the Security Council.


In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. Every violation of the law of war in an inter-state conflict is a war crime, while violations in internal conflicts are typically limited to the local jurisdiction. In essence, the term "war crime" represents the concept of an international jurisdiction as applicable to the most severe crimes, in areas where government is dysfunctional and society is in a state of turmoil.

The article "list of war crimes" summarizes war crimes committed since the Hague Conventions of 1907. In addition, those incidents which have been judged in a court of law to be Crimes Against Peace and Crimes against Humanity that have been committed since these crimes were first defined (in the London Charter, August 8, 1945) are also included.

The article "list of war criminals" is a list of war criminals as according to the conduct and rules of warfare as defined by the Nuremberg Trials following World War II as well as earlier agreements such as Hague Conferences of 1899 and 1907, the Kellogg-Briand Pact of 1928, and the Geneva Conventions of 1929 and 1949.

Crimes

War crimes include violations of established protections of the laws of war, but also include failures to adhere to norms of procedure and rules of battle, such as attacking those displaying a flag of truce, or using that same flag as a ruse of war to mount an attack. Another good example includes attacking enemy troops while they are being deployed by way of a parachute. The definition of the term "war crime" usually varies between trials to convict the defendants with a more specific crime that they may have committed.

It comprises such acts as mistreatment of prisoners of war or civilians. War crimes are sometimes part of instances of mass murder and genocide though these crimes are more broadly covered under international humanitarian law described as crimes against humanity.

War crimes are significant in international humanitarian law because it is an area where international tribunals such as the Nuremberg Trials have been convened. Recent examples are the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, which were established by the UN Security Council acting under Chapter VII of the UN Charter.