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1 1 (February 2, 2024)

handle is hein.crs/goveofq0001 and id is 1 raw text is: Congressional_______ ~.Research Service War Crimes: A Primer Updated February 2, 2024 The Russian invasion of Ukraine and the Israel-Hamas conflict have given rise to numerous accusations of war crimes. This Legal Sidebar addresses the sources and content of the law of war, also known as the law of armed conflict or international humanitarian law (IHL) as it pertains to war crimes that occur in an international armed conflict. IHL applies to the conduct of war; it does not address the legality of a war. Sources of International Humanitarian Law IHL is a combination of international treaties and customary international law. The Hague Convention of 1907 generally prescribes rules of conduct for armed forces, while the Geneva Conventions and Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts 1 (Protocol 1) address the rights of protected persons, such as civilians and prisoners of war, in an international armed conflict (i.e., a war between or among states). Non- international armed conflicts are governed by Article 3 Common to the Geneva Conventions (Common Article 3) and the Protocol Additional Relating to the Victims of Non-International Armed Conflicts (Protocol 2). A non-international armed conflict under Common Article 3 is an armed conflict that takes place in the territory of one of the High Contracting Parties, but the requirement has been understood to cover armed conflicts that take place on more than one territory but involve non-state actors-an understanding confirmed by the U.S. Supreme Court in the context of the armed conflict involving Al Qaeda and its associated forces. Because Gaza is not part of a state, it is unclear whether the Israel-Hamas conflict is an international (potentially involving an occupied territory) or non-international armed conflict. In addition, not all states are parties to these and other treaties pertaining to the law of war, but many treaty provisions are regarded as reflecting customary international law, which is binding on all states. Principles of International Humanitarian Law Certain principles undergird IHL and form the basis for the content of war crimes and serve to reduce unnecessary suffering during war. The most important principles are military necessity, humanity, and honor. The principles of distinction and proportionality flow from the first three. The Department of Defense's Law of War Manual describes their interaction as follows: Congressional Research Service https://crsreports.congress.gov LSB10709 CRS Legal Sidebar Prepared for Members and Committees of Congress

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