War crimes are serious violations of international humanitarian law that can be committed during armed conflict. They include wilful killings, direct attacks against civilians, ill-treatment of prisoners and other persons captured, surrendered or injured in hostilities, and the use of prohibited weapons and methods of warfare.
Unlike genocide and crimes against humanity, which have a more universally accepted definition, the term “war crime” is defined by international law and includes conduct that violates a number of international treaties and conventions, including the Geneva Conventions and the Rome Statute of the International Criminal Court (ICC). In addition to domestic courts, specialized tribunals can also judge perpetrators of war crimes, such as the ad hoc tribunals for the former Yugoslavia, Rwanda and Sierra Leone. Additionally, individuals suspected of committing war crimes can be prosecuted by states that are not parties to the ICC through the principle of universal jurisdiction.
Preventing mass atrocities is a core U.S. national security interest, and the Commission applauds the new Strategy on Preventing Atrocities and the reaffirmation of U.S. leadership in developing tools for atrocity prevention. At the same time, it is critical to recognize that atrocity risk can arise in peacetime contexts, and strategies focused solely on preventing armed conflict without addressing latent risks may fail to prevent atrocities. The Commission urges all relevant government agencies to improve coordination to anticipate, prevent and respond to atrocity threats. Additionally, it is important that policymakers acknowledge that local actors are best placed to identify and address the historical legacies that fuel atrocities.