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Max Planck Encyclopedia of Public International Law [MPEPIL]

War Crimes

Alexander Schwarz

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 15 June 2019

Subject(s):
Geneva Conventions 1949 — War crimes

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The term and concept of ‘war crimes’ is not used uniformly. A wider approach defines war crimes as all acts constituting a violation of the laws or customs of war, irrespective of whether the conduct is criminal ( Werle and Jessberger [2014] 391 ; US Army Military Manual, § 499, FM 27–10 ; JS Pictet , ed, Geneva Convention I [1957] 351 ). The present contribution is based on a definition of war crimes in stricto sensu : A war crime is any act, or omission, committed in an armed conflict that constitutes a serious violation of the laws and customs of...
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