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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, 2021. All Rights Reserved.date: 21 October 2021

Subject(s):
Geneva Conventions 1949 — War crimes

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

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 international...
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