War crimes are violations of international humanitarian law (as opposed to genocide or crimes against humanity) that occur in the context of an armed conflict, whether international or non-international. They can include acts such as murder, torture, pillage and attacks against hospitals, schools, religious buildings, civilians, and medical or humanitarian staff. The use of weapons that are prohibited by international treaties, such as cluster munitions or chemical weapons, also constitutes a war crime. Unlike genocide and crimes against humanity, those responsible for war crimes are criminally responsible regardless of whether they are acting on their own or under order from a superior.
Until World War II, it was common for people to be tried for their actions in war, but only if the losing side of the war lost – victorious countries often did not try their own soldiers and commanders. Since then, the concept of war crimes has become more widely accepted. It has given rise to the Nuremberg and Tokyo Trials and led to tribunals such as the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Court.
In situations of conflict in which atrocity crimes are being committed, it is important to have a mix of strategies that address both peace and justice. Accountability is crucial to deter future atrocities, but pursuing it in the short term may undermine peace efforts. TRIAL International tries to strike this balance by submitting a variety of cases to domestic jurisdictions, where suspected war criminals reside or pass through, urging them to exercise universal jurisdiction.