War Crimes Research Articles

Development of human remains investigations at fatal fire scenes: Bridging anthropology and fire sciences in the United States

AbstractAnthropological assessment of a scene for fatal fire victims can prove crucial in the search, recovery and identification of human remains from fire‐related death investigations. On scene contributions of the anthropologist include, but are not limited to, searching for remains in burnt structures, vehicles, roadside dumps, campfire accidents, and other fire investigations, as well as the proper documentation and collection of remains. While patterning and sequencing for all fire events is not standardized, thermal alteration can be classified and consistent terminology can be used to reflect commonalities and evaluation of thermally altered remains. Further, the anthropologist has the ability to evaluate damage to the remains in terms of possible associated trauma (e.g., antemortem, postmortem). However, scene investigators do not regularly call upon anthropologists to assist at the scene and often do not know the contributions and benefits of having an anthropologist on scene. This perspective article focuses on the development of fatal fire investigations within the United States, key terminology, and core concepts within anthropological sciences and provides recommendations for how fire investigators and anthropologists can collaborate–bridging the gap between the two fields. Uniting literature from fire science, anthropology, and fire investigations, this overview underscores the importance of anthropology and fire investigator collaboration.This article is categorized under: Forensic Anthropology > Taphonomic Changes and the Environment Forensic Anthropology > Trauma Analysis Forensic Anthropology > Anthropology in Mass Disaster & War Crime Contexts

Shadows of Return

Abstract In Germany, the prosecution of female Islamic State (IS) returnees for property offences under international criminal law has become increasingly important in recent years. These prosecutions give reason for critical reflections on the basis and limits of protection of property in international criminal law in general and its application in practice, in particular under the German Code of Crimes Against International Law (Völkerstrafgesetzbuch). This article argues that despite a well-established normative basis for and legitimacy of protecting property in international criminal law, there are considerable deficiencies in the application of the relevant offence in German jurisprudence. These deficiencies concern, first, the distinction between the different modalities of war crimes against property; secondly, the phenomenon of so-called multiple appropriations; and, thirdly, requirements for determining the gravity of property crimes. The article criticizes the fact that legal practice has so far only insufficiently evaluated the international dimension of property offences, warranting a presumption as an international crime. It argues the need for the criminal justice system to take greater account of the aims and functions of international criminal law in legal practice.

"BATTLE OF NARRATIVES" AS A MARKER OF HYBRID WARFARE (CONTENT ANALYSIS OF THE INFORMATION SPACE OF THE KHARKIV REGION)

Since the Russian Federation’s full-scale incursion into our country, there has been a notable shift in the narrative landscape at the systemic, national and local levels. By analyzing the content of narratives, it may be possible to make predictions about what will happen in the real world. These could include things like the military situation, the possibility of shelling, and the topics and directions of communication at the international level. The aim of this article is to study the Ukrainian and pro-Russian narratives that have emerged in response to certain events of the hybrid war, with a view to gaining insights into how these narratives are shaping the information space of the Kharkiv region. The object of this study is to examine the battle of narratives as a potential marker of hybrid warfare. The subject is the cognitive confrontation between pro-Russian and Ukrainian narratives in the information space of the Kharkiv region. The study is based on the findings of a content analysis of the information space of the Kharkiv region carried out between January and March 2024, which involved the analysis of over 500,000 items. It is a significant contribution to the field of study that this is the first time the battle of narratives in a specific region of Ukraine has been analyzed in order to predict events (military and socio-political) in the real world. The study offers a theoretical contribution to the field by demonstrating the practical significance of scientific linguistic research in the context of Russia’s full-scale aggression against Ukraine. The practical significance of scientific research may be seen in the development of an algorithm for analyzing the battle of narratives" in order to predict events in reality. The research methodology involved a content analysis conducted on the basis of Big Data technology and a set of analytical algorithms from the Attack Index information and analytical service. This approach allowed us to determine the degree of information resonance or danger of information flows on selected topics/personalities. It has been proven that Russian propaganda tries to transport a number of destructive narratives from the Russian media space into the Ukrainian one: "The Russian Federation is occupying Kharkiv, repeated attacks on Kharkiv and Kyiv are possible"; "A large-scale mobilization will take place in Ukraine to replenish the “catastrophic” gates"; "Russia seized the initiative on all fronts" and others. Kharkiv media during the mentioned period won the battle of narratives, using the following strategies: ignoring Russian narratives aimed at causing citizens a sense of hopelessness and a desire to surrender the city to the enemy; promotion of positive regional therapeutic narratives "Kharkiv is my city", "Kharkiv will stand, it is necessary to unite to oppose the enemy" and national — "Shocking of Kharkiv and other cities of Ukraine is a war crime". It seems that further study of the systemic organization and use of narrative discourse in hybrid confrontation could prove beneficial.

Defending heroic soldiers at the United Nations Human Rights Council: shame, honour, and sovereign masculinity

AbstractHuman rights activists worldwide rely heavily on naming and shaming rights‐abusing states at the United Nations Human Rights Council (UNHRC) to induce them to comply with international human rights norms. However, what about national‐level actors who seek to shame a government for complying with human rights? This article explores how Sinhala Buddhist ethnonationalist political leaders and ideologues in Sri Lanka invoked the trope of sovereignty as both autonomy and masculinity to shame the new United Front government (2015‐19) and its UN‐supported transitional justice programme designed to address war crimes committed by the state during the last phase of the civil war. In so doing, I draw on and contribute to the literature on shame and global governance and feminist and critical scholarship on sovereignty and masculinity. Moreover, this analysis contends that it is not possible to understand the logic and efficacy of these tropes in postwar Sri Lanka unless we consider the emergence of a hegemonic, anti‐Western, patriotic masculinity and a new idiom of honour that supplements the concept of lajja‐baya (shame and fear of shame) – a central category in the anthropological canon of Sri Lanka.

Between Politics and Justice: International Criminal Law in Hungary

Abstract Hungary has had an intense engagement with international criminal justice. During communism and democracy alike, the normative framework and language of international criminal law was used to delegitimise the political opponent. This article aims to describe the way international criminal law was repeatedly instrumentalized to not simply serve as a genuine tool for justice but also as a potent political pawn through presenting the use of international criminal law in four different time periods: (1) during the post-World War ii war crimes trials at the People’s Tribunals; (2) the adoption of universal jurisdiction during the communist era as a tool of Cold War status competition; (3) in the 1990s, as an instrument of transitional justice; and finally, (4) in the post-2010s, as a tool for memory politics and anti-migration propaganda.

The Sturdy Incident, 1944: Collateral damage or forgotten war crime?

Starved of worthwhile targets, the submarines of 8th Flotilla operating from Fremantle in 1944 developed tactics for sinking coastal craft in shallow water by gunfire and demolition charge. One such engagement by Sturdy led to the controversial death of women and children aboard a scuttled ship and was raised in Parliament over 40 years later. Declassified information and recently discovered evidence permit an open-minded review of the incident.

Why the rule of law? A historical perspective

Why do we expect law to bring about better and more just societies? Around the world, systems of accountability are weak and dictators find ways to avoid the constraints of both national and international laws. Yet we continue to call for better laws and for aggressors to be tried for war crimes. This article brings a historical approach to this puzzle, considering some of the earliest known laws, from Mesopotamia, Rome, the Hindu and Islamic worlds and China. Drawing analogies with anthropological analysis of ritual, I suggest that such laws may portray an imagined world, one that people feel it worth invoking in the face of threats to the social order, uncontrolled aggression and the abuse of power. The paradox is that we believe in the rule of law and that we insist it should constrain power in practical and effective ways to be worth creating at all.

Legacy media outlets also stand in dock over Gaza: How RNZ, ABC and other Western media failed to challenge Israeli war narratives

As Israel faces charges at the International Court of Justice in The Hague of breaching the 1948 Genocide Convention, for many people Western media institutions also stand in the dock. Critics have pointed to a media failure to effectively challenge a narrative that framed Israel’s actions in terms of an erroneous claim to Israeli ‘self-defence’, a de facto diplomatic cover for war crimes, ethnic cleansing and probable acts of genocide. In the Pacific, news leaders at Radio New Zealand (RNZ) and the Australian Broadcasting Corporation (ABC), by alleged omission, story framing, inaccuracies, passive editorial stances, including a refusal to adjudicate contentious claims when the evidence was available, fall into the category. Such failures call into question claims of due impartiality, a fundamental tenet media outlets use to anchor their credibility as trusted sources of news. Failure to adequately create awareness of Israeli crimes also raises questions over whether state-funded public broadcasters are fulfilling the informational needs of democratic citizenship and serving the public interest, or whether they are serving the interests of a Western power elite.

Command Responsibility in the Brereton Report: Weakened Accountability and the Threat to Rights, Freedoms, and Reputation

While the Brereton Report found that there was credible information that Australian soldiers committed numerous war crimes, it stated that no commander above patrol level should bear criminal responsibility. The wide spectrum of standards adopted for command responsibility in international law means that there is some basis to argue that applying the Brereton Report’s standard would comply with Australia’s international obligations. However, this standard does not offer the best balance of upholding high criminal justice standards and ensuring convictions are ‘deserved’, while deterring serious violations of rights during armed conflicts, such as the right to life and freedom from torture. In addition, a failure to address the scepticism that no Australian commander above patrol level is legally accountable raises questions of adherence to the rule of law. It may impact on Australia’s standing and its perceived commitment to international criminal justice.

Investigating war crimes in de-occupied territories: the role of the National Police of Ukraine

The purpose of this article is to examine the specific activities of the National Police of Ukraine in the investigation of war crimes in de-occupied territories, developing a clear algorithm of action and taking into account possible power, heating, and communication outages. The study argues for the creation of a Coordination Headquarters to ensure proper interaction between the bodies and departments involved in recording and investigating war crimes. The article proves that the activities of the National Police of Ukraine bodies and units during the investigation of war crimes in the de-occupied territories are aimed at their prompt, complete, and impartial investigation, so that any perpetrator of such acts is held accountable according to their guilt, and includes several algorithmic actions. The research methodology includes dialectical-materialistic, formal-logical, general scientific, and special methods. The results of the study are significant as they provide a practical guide for the National Police of Ukraine in the investigation of war crimes in de-occupied territories. The proposed algorithm and practical considerations can help ensure prompt, complete, and impartial investigations, ultimately contributing to the rule of law and justice in times of conflict.

Assessing the inaction of the Responsibility to Protect (R2P) in Myanmar and Gaza Amidst Atrocity Crimes

The global community's failure to prevent severe human rights violations, such as the Rwanda Genocide and Yugoslavian atrocities, led to the development of the "Responsibility to Protect" (R2P) doctrine, adopted by the UN in 2005. R2P aims to shield populations from genocide, ethnic cleansing, war crimes, and crimes against humanity. Despite its promise, R2P's implementation is hindered by geopolitical interests and power dynamics. To address ongoing atrocities, it is essential to strengthen international accountability mechanisms and prioritize civilian protection, ensuring such violations are neither tolerated nor inevitable.

Paramilitary Forces, Domestic Politics and Conflict: A Case of the Sudan Crisis.

What is the threat posed by paramilitary groups on the state? This paper seeks to examine the role and impact of paramilitary forces on domestic politics and how their involvement results in political (in)stability. It examines how the interplay between the Rapid Support Forces, a paramilitary force in Sudan and the Sudan Armed Forces has resulted in a humanitarian crisis since the overthrow of Omar Al Bashir's government in 2019. The authors argue that the formation of paramilitary groups is aimed at protecting the government from internal and external threats, yet these paramilitary groups can shift or withdraw their loyalty to the political leadership. Such a shift the paper finds creates a high potential for confrontation between the paramilitary forces and regular forces leaving the citizens vulnerable to mass atrocities and war crimes. The paper begins by examining the origin, spread and activities of militia groups globally and at the regional level before examining the concept of paramilitary forces. The authors then look at Sudan’s historical and contemporary experiences with paramilitary groups before discussing the recent crisis between the regular forces and the paramilitary force in Sudan. They find that the preferential treatment of paramilitary forces influences their actions during a crisis.

Criminal liability for the commission of war crimes: analysis of the corpus delicti of unlawful encroachments

The need for a criminal law analysis of military-violent crime is substantiated given the ongoing armed conflict in Ukraine, the annexation of some of its territories and the open calls of the russian authorities to destroy the Ukrainian nation and incite hatred towards everything that identifies Ukraine as a sovereign independent state. The classification of war crimes in the context of the armed conflict in Ukraine is proposed depending on the category of victims Military violent crimes in the context of the armed conflict in Ukraine should be divided into two groups of offences depending on the category of victims. The first group of such unlawful encroachments includes war crimes against the civilian population (Article 433; parts 1 and 2 of Article 438 of the CCU – violation of the laws and customs of war regarding rape and sexual violence, enslavement and torture, forced displacement of civilians, intentional killing of civilians; Article 442 of the CCU). The second group of military-violent offences includes military-violent crimes against servicemen (Article 434 of the Criminal Code of Ukraine; Part 1 of Article 438 of the Criminal Code of Ukraine – violation of the laws and customs of war regarding the ill-treatment of POWs, including cases of use of prohibited means and methods of warfare, as a result of which a serviceman was recognised as a victim). The approaches to the interpretation of certain features of the objective and subjective sides of the corpus delicti of the relevant military-violent crimes in the course of law enforcement are analysed and clarified, and recommendations aimed at forming a unified law enforcement practice regarding their criminal law qualification are provided The emphasis is placed on the fact that for the purpose of qualification and distinction from other war crimes of violation of the laws and customs of war in various forms of the objective side of Part 1 of Article 438 of the CC of Ukraine, not only the features of the objective side, the disposition of which is of a blanket nature, are important, but also the features of the subject of this criminal encroachment, which is not limited to the fact that it can be only a combatant. The author offers recommendations on the qualification features of various types of military violent crimes and their distinction from crimes against humanity, taking into account the existing doctrinal positions.

Guaranteeing russia’s responsibility for war crimes in Ukraine: the information and legal aspect

The article examines the issue of bringing russia to justice for mass war crimes, crimes against humanity and acts of aggression committed during the full-scale invasion of Ukraine. The purpose of the work is to analyse the available legal instruments, to formulate a comprehensive approach to solving this problem and to search for effective information and legal mechanisms to ensure the inevitability of russia's punishment under international law. The research methodology is based on a systematic analysis of current international legal norms and procedures in the field of international humanitarian law. The relevance of the work is due to the unprecedented scale of war crimes committed by russia in Ukraine and the need to bring the perpetrators to justice in order to restore justice. The scientific novelty is that for the first time a comprehensive information and legal model for prosecuting and bringing to justice the aggressor state for war crimes is proposed. The paper analyses the current legal mechanisms for bringing Russia to justice for war crimes committed in Ukraine at the national and international levels. The practical role of the key institutions – the International Criminal Court and the European Court of Human Rights – in ensuring the inevitability of punishment for the russian federation is considered. Potential opportunities for russia to avoid responsibility are identified. The article proposes an information and legal model for the effective prosecution and bringing russia to justice for its act of aggression against Ukraine. The results obtained can be applied in the field of international criminal law and ensure compliance with international humanitarian law norms. The practical significance lies in the formation of a basis for specific actions by the international community to hold russia accountable for crimes in Ukraine. Despite all the difficulties, the international community should make every effort to bring the russian federation to justice in accordance with international law. The proposed information and legal model can be one of the effective tools to achieve this goal.

International Criminal Justice and Lithuanian Experience

Abstract The article deals with the laws of genocide, crimes against humanity and war crimes, and the status of victims of occupations in Lithuania. In addition, the article discloses Lithuanian state policy, society’s cultural approach to atrocity crimes, and support for victims. The article draws attention to how the concept of genocide has been constantly expanded in Lithuania. The international role of Lithuania in the fight against genocide, crimes against humanity and war crimes is emphasized.

Authority of the International Court of Justice in Islamic Jurisprudence

This article explores how the authority of the International Court of Justice (ICJ) is perceived in fatwas on genocide and war crimes committed in Bosnia and Herzegovina during the 1992-1995 war. Sources include the ICJ’s judgement in Bosnia and Herzegovina v. the Federal Republic of Yugoslavia (Serbia and Montenegro); verdicts of the International Criminal Tribunal for the Former Yugoslavia; two fatwas from the Islamic Community in Bosnia and Herzegovina’s Council of Muftis on war crimes against the Bosniak populations of Srebrenica, Žepa, Prijedor and the Sana Valley; and preparatory materials written by expert groups that preceded the fatwas’ issuance. Despite initial criticism of the localisation of genocide in the ICJ’s judgement, the fatwas recognise its authority in cases that apply the Genocide Convention. The argumentation of these fatwas is based on the higher objectives of Islamic law (maqasid al-Sharia), in accordance with the role of Islamic normativity in a secular state.

All Roads Lead to Rome Combating Impunity for Perpetration of Slave Trade and Slavery Crimes

The Republic of Sierra Leone has proposed amendments to the Rome Statute of the International Criminal Court (ICC) to include, inter alia, provisions for the slave trade as a crime against humanity and has recommended that the General Assembly include the slave trade as an enumerated crime in the Draft articles on Prevention and Punishment of Crimes Against Humanity (CAH) (Draft articles). This declaration came nearly five years after Cardozo's Benjamin B Ferencz Human Rights and Atrocity Prevention Clinic, on behalf of slavery crimes expert Patricia Viseur Sellers, sent commentaries to the United Nations International Law Commission (ILC) to revise in a similar fashion the Draft articles. The Rome Statute creates a wide impunity gap by omitting the slave trade entirely as a war crime and crime against humanity and by including only those conflict-related slavery acts that include causing someone to engage in an act of a sexual nature. Specifically, the Rome Statute does not enumerate the slave trade or slavery under Article 8 as war crimes. It does not define the slave trade within the crime of enslavement under Article 7(g) as a crime against humanity or explicitly enumerate the slave trade within the context of a widespread or systematic attack against a civilian population. War crimes conduct is not captured fully or explicitly under ICC jurisdiction because the Rome Statute sanctions only persons exercising powers attaching to the rights of ownership who also cause that person to engage in an act of a sexual nature. Crimes against humanity conduct also escapes legal sanction when perpetrators transport or otherwise engage in any slave trade acts without exercising powers attaching to the right of ownership over a person. Furthermore, the Rome Statute's bifurcation of enslavement and sexual slavery lead to non-factual, incomplete, and discriminatory results. Sexual slavery is enslavement; its separate enumeration as a crime against humanity has required some victims to prove additionally that they were caused to engage in an act of a sexual nature in violation of non-discrimination and others' slavery harms to escape legal characterization altogether.

The Adjudication of Slavery Crimes against the Yazidi by German Courts Evolving Jurisprudence and the Need for Rectifying Legal Amendments in German Law

This article examines the interpretation and application of relevant provisions of the German Code of Crimes against International Law (CCAIL) and the German Criminal Code (GCC) to the slave trade and slavery conduct committed against the Yazidi by the Islamic State of Iraq and the Levant (ISIL, IS or Da'esh). Specifically, the article takes an intersectional approach to reviewing in detail the cases of Sarah O (Higher Regional Court of Düsseldorf) and Taha Al J (Higher Regional Court of Frankfurt) while drawing observations from other German cases concerning slavery crimes against the Yazidi. These were in the majority, if against German nationals, conducted under the principle of active personality or, in the alternative, under the principle of universal jurisdiction. The article shows how German prosecutors and courts did not shy away from creatively grappling with slave trading, slavery and trafficking conduct committed by ISIL.Cases, such as Nadine K, demonstrate a positive evolution towards cumulative charging and convictions that afford comprehensive legal redress to persons affected by the slave trade, slavery and trafficking. Still, the absence of the slave trade as an enumerated provision of crimes against humanity and war crimes in the CCAIL can be felt and must be rectified to realise legal protection as envisioned by customary international law.

Terrorism and War Crimes: Two Sides of The Same Coin?

The definition of terrorism is not consensual, even within the same country. Indeed, in the United States of America, a country where the fight against terrorism is one of the present political priorities, the definition varies depending on whether the source is the Department of Defense (DoD), the US Code, the Federal Bureau of Investigation (FBI) or the Department of State, but this lack of consensus does not mean that terrorism is not considered a crime according to the Resolution 49/6026 of 17 February 1995 of the United Nations General Assembly. However, many experts on the thematic do not accept the definition of terrorism as an international crime in time of peace defending that terrorism is essentially the violation of domestic laws which have their genesis in treaties to which states may or may not adhere, and this explains why some countries refuse to reduce their sovereignty and do not accept to transfer the jurisdiction for crimes of international terrorism to supranational institutions. According to this vision, terrorism must be included as a subtype in one of the four modalities that are already recognized by international law. This article reflects on the relationship between terrorism and the modalities of war crimes judged by the International Criminal Court (ICC) and seeks to show that the seriousness of the terrorist threat justifies that terrorism should be considered an autonomous international crime.

Trafficking in Persons in Situations of Conflict Accountability, Prevention and Protection Gaps

Accountability for trafficking in persons remains limited. The consequences of such continued impunity include limited access to justice and effective remedies for trafficked persons and continuing failures of prevention and protection. UN Security Council Resolution 2331 (2016) recognises that 'trafficking in persons entails the violation or abuse of human rights, and underscoring that certain acts or offences associated with trafficking in persons in the context of armed conflict may constitute war crimes'. Further, it recognises that '[...] trafficking in persons in areas affected by armed conflict and post-conflict situations can be for the purpose of various forms of exploitation'. Despite this recognition, limited progress has been made in promoting accountability and access to justice for victims of trafficking in situations of conflict. This article deals with trafficking in persons in conflict and the failures of protection and accountability; the application of international criminal law to trafficking in persons; child trafficking and the continuing invisibility of child victims; the principle of non-punishment of victims of trafficking; and the gender dimension of trafficking: moving beyond stereotypes.