International Humanitarian Law – jus in bello

1. Geneva Conventions

The law in this area is covered by the four Geneva Conventions, signed in 1949 after the atrocities of WW2 and two additional protocols signed in 1977.

1. Geneva Convention on the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (GC I) 2. Geneva Convention on the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (GC II) 3. Geneva Convention on the Treatment of Prisoners of War (GC III) 4. Geneva Convention on the Protection of Civilian Persons in Time of War (GC IV)

Protocols of 1977 – in response to the conflict in Vietnam

1. Protection of Victims of International Armed Conflicts (Additional Protocol I) 2. Protection of Victims of Non-International Armed Conflicts (Additional Protocol II)

2. International Armed Conflict – application of the GC’s

• International Committee of the Red Cross (ICRC) states that an armed conflict within the meaning of the Geneva Conventions is any difference of opinion between two states that leads to intervention or action by the members of their armed forces • Common Article 2 of GC (ie in all of them) states that it will apply: o To all cases of war, and armed conflict between two or more parties to the treaty (even if “the state of war” is not recognised by one of them) o To all cases of partial or total occupation of the territory of a state party (even if no armed resistance to the occupation) o To the actions of a state party in one of the above situations, even if the other parties to the conflict are not state parties • Additional Protocol I applies to international armed conflicts, but is drafted much more widely than the original GC’s o Would probably apply to a national liberation movement where the people are fighting against a colonial master/alien occupation or are fighting racist regimes attempting to exercise their rights to self-determination o Does not cover a pure “civil war” • Very difficult to discern line between international/non-international conflict, or whether it is “armed enough” o UK has always treated insurgents in Northern Ireland as common criminals, and not as persons involved in a conflict o Indonesia maintains that problems in Aceh etc, even including bombings, riots, armed clashes between civilians, insurgents, police and the armed forces are not armed conflict

2.1 Combatants, irregulars and civilians

• Main distinction is that combatants are targets, civilians are not • Combatants are the only persons legally able to participate in the conflict, and thus the only persons entitled to the protection of the Convention or the Protocol in the conflict • Only combatants are prisoners of war when they fall into the hands of the enemy – Art 4 GC III, Art 43(1) Protocol I

Art 4 GC III – protection extends to: • Regular armed forces • Volunteer and militia groups forming part of regular armed forces • Other volunteer and militia groups and organised resistance groups who are commanded by a responsible superior, have a fixed distinctive sign, carry arms openly and conduct themselves by the laws and customs of war • Civilians who accompany armed forces eg. supply contractors, labourers, war correspondents etc • Inhabitants of non-occupied territory who spontaneously take up arms when the enemy approaches to resist the invading forces without having the time to form regular units as long as they carry arms openly and follow the laws of war

Wider definition in Art 43 Protocol I • Combatants are obliged to distinguish themselves from the civilian population while engaged in an attack or a military operation preparatory to attack • While there are situations where combatants cannot so distinguish himself (owing to nature of hostilities – remember this came about after Vietnam war), he shall retain his status as a combatant provided he carries his arms - • During each military engagement • During times when he is visible to the enemy and engaged in military deployment preceding engagement • The definition is without prejudice to the definition in Art 4 – it is intended to widen the number of persons it includes

Article 43(4)
A combatant who falls into the power of an adverse Party while failing to meet the requirements…of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol.

• This is only binding on state parties to the Protocol • Customary law on this point is contrary – if you are not a prisoner of war within the meanings set down in GC III, you are not entitled to the protection of that status • Generally if you are not a prisoner of war, the enemy is entitled to execute you, or intern you without the same protections prisoners of war are entitled to – eg. the internees at Guantanamo Bay etc

2.2 Targets

• Principle of distinction – attacks should be limited to military targets and objectives • Principle of proportionality – military objectives should not be attacked if likely to cause civilian casualties etc which are excessive or out of proportion to the direct military advantage to be achieved by the attack • Combatants are all legitimate targets unless hors de combat: Article 41, Protocol I • A person is hors de combat if they are in the power of an opposing party, have surrendered or is unconscious, otherwise incapacitated by wounds or sickness and thus incapable of defending himself (as long as not trying to escape or attempt to commit a hostile act) • All military targets, military buildings etc are legitimate targets

Military Objectives • Defined as objects that because of their nature, location, purpose or use make an effective contribution to military action and will give a definite military advantage if attacked or destroyed: Article 52(2) Protocol I • Commanders have responsibility to determine if a certain building is a “military objective” on each day • Where a building is used for more than one purpose the test is whether the military use is sufficient to bring it within the 52(2) definition • In the case of doubt whether a place usually used only for civilian activities (eg. house, temple etc) is being used for military purposes – presumption is that it is only used for civilian purposes: Art 52(3) Protocol I • ‘civilian targets’ such as water towers, merchant ships at a port etc are military targets where they solely supply the military and support the war effort • Fine line to draw where ships bring supplies to both the civilian population and the armed forces

• Blanket bombing in WW2 by the Germans of French towns, London etc and by the Allies of many German cities attacked many civilian targets • Limited by the technology of targeting – the more technology an army has to target only military buildings etc is taken into account • Where the survival of a state as such is at risk, proportionality must have a wider scope • The Allies claimed that their efforts were proportionate (including atomic bomb attacks on Hiroshima, Nagasaki) because the military advantage acquired was that the war ended more quickly, saving millions of civilians from further war

Prohibited Targets • Civilians – GC IV, Art 51 Protocol I • Medical units of armed forces (including mobile units, trucks, ambulances, hospital ships etc): Art 19, GC I, Art 21 GC IV, Art 12, Protocol I • Civilian medical units, civilian hospitals and religious personnel: Art 18, GC IV, Art 15, Protocol I • Cultural objects, historic monuments, works of art, places of worship etc which constitute the spiritual/cultural heritage of peoples: Art 53 Protocol I • Objects indispensable to the survival of the civilian population including food stuffs, argricultural areas, crops, livestock, drinking water installations and supplies etc: Art 54 Protocol I • EXCEPT if used only for sustenance of the armed forces, or used for benefit of war effort and destruction will not force evacuation or starvation of civilian population: Art 54(2) • Cannot attack in ways which would cause widespread, long term and severe injury to the natural environment: Art 55, Protocol I • Cannot attack installations containing dangerous forces (eg. dams, dykes, nuclear electrical generating plants) even if a military objective under Art 52 where such attack may cause the release of dangerous forces and cause severe losses in the civilian population: Art 56, Protocol I • Also prohibited from attacking nearby military target where dangerous forces may be released • Protection ceases where installation is being used in a way to provide regular, direct and significant support to the war effort and the only feasible way of terminating such support is to attack the installation: Art 56(2) • In such an attack all measures must be taken to try to avoid the release of the dangerous forces: Art 56(3) • Art 56 is not recognised as representing customary law on this point

Distinction • Art 51 Protocol I states that parties are prohibited from indiscriminate attacks being those that are: • Not directed at a specific military target • Done by a method or means of attack which cannot be directed at a specific military target • Done by a method or means of attack whose effects cannot be limited in accordance with the rest of the Protocol • Examples given in Protocol are an attack which treats a number of distinct military targets within a town or city full of civilians as one military target and attacks the whole: Art 51(5)(a) • Attacking a target where the civilian casualties are expected to be excessive in relation to the direct military advantage to be achieved: Art 51(5)(b)

Proportionality • Accepted that civilian casualties are inevitable in war • test is whether likely civilian casualties are proportionate to the military aim to be achieved • Art 57 of Protocol I states that a commander who orders an attack must 1) do everything feasible to verify that target is legitimate (ie a military target) 57(2)(a)(i) 2) refrain from launching an attack which is likely to cause a disproportionate amount of civilian damage and causalities 57(2)(a)(iii) 3) where there is a choice between different weapons or methods of attack, choose the weapons or method that will minimise or avoid incidental civilian casualties 57(2)(a)(ii) 4) if there is a choice between targets, each of which will provide a similar military advantage, choose the target which will minimise the risk to civilians 57(3) • an attack should be cancelled or suspended if it becomes known that the target is not military or that the incidental civilian losses will be excessive when compared with the military advantage to be gained 57(2)(b) • the commander must balance up the possibilities and circumstances and make a decisions as to the proportionality

Protecting civilians • state parties are expected to take measures to ensure that its military operations are not conducted within civilian populations, to protect them from attack: Art 58 Protocol I • state parties are prohibited from moving their civilians around so as to shield military operations or objectives from attack: Art 51(7)

Other Prohibitions • attacking an enemy hors de combat – Art 41 Protocol I • to order that there shall be no quarter – Art 40 Protocol I (also Article 23(d) of the Hague Convention (II) 1899 • to act or threaten to act in a way the purpose of which is to spread terror among the civilian population – Art 51(2)

2.3 Weapons

3 principles of international customary law relating to weapons (outlined in Art 35 Protocol I, confirmed as CIL in the Nuclear Weapons Advisory Opinion) 1) cannot use means or methods of warfare that would cause unnecessary suffering or superfluous injury – unnecessary suffering principle 2) cannot use means or methods of warfare that cannot be directed toward a specific military objective and rather strike military and civilian targets without distinction – distinction principle 3) cannot use treacherous methods of warfare – treachery or perfidy principle

Unnecessary suffering • does not necessitate the removal of suffering • rather prohibits suffering which serves no useful military purpose • proper military purposes – disabling of military personel, destruction of weapons, equipment, disruption of supply lines, communication lines, targeting devices etc • need to take into account • availability of alternative weapons, • practicality and logistics of alternative weapons, • pain and long-term injuries caused by weapons, • psychological effects of weapons

Distinction • see Art 51 Protocol I above

The Legality of the Threat or Use of Nuclear Weapons Advisory Opinion ICJ • discrimination principle and unnecessary suffering principle are both “intransgressible” principles of international customary law • the rules apply to nuclear weapons same as any other type of weapons • found it hard to reconcile their use, which is indiscriminate when dropped on a city like Hiroshima and causes so much suffering, with the customary rules • court said it could not rule out circumstances under which the use would be legal • no specific treating banning nuclear weapons • the Nuclear Non-Proliferation Treaty 1968 bans the acquisition, production, possession etc of nuclear weapons for all 184 state parties except the five nuclear weapon states (UK, USA, China, Russia, France)\ • majority said they could not decide whether use would be legal or illegal in a matter of grave self defence, where the very survival of the state was at risk

Treachery and Perfidy • perfidy is defined in Art 37 of Protocol I to mean ‘acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence’ • examples given in Art 37(1): • feigning of intention to negotiate or surrender under flag of truce • feigning of incapacitation (wounds or sickness) • feigning of civilian or non-combatant status • feigning of protection or status by use of emblems including those of the UN, any neutral state party. • Ruses of war are not prohibited – includes camoflague, decoys, misinformation etc • Prohibited under Art 38 to misuse recognised emblems including the symbol of the Red Cross/Red Crescent, the symbol of the UN and any other signs, signals and emblems recognised in war – flag of truce etc • Prohibited under Art 39 to use insignia, emblems, flags etc of neutral countries or of the enemy country • Only applies to land warfare – not prejudicial to use of flags etc on the seas

Other Regulations and Treaties ❖ St Petersburg Declaration 1868 – prohibition of bullets or projectiles under 400gms weight which are explosive and charged with fulminating or inflammatory substances ❖ Hague Declaration No IV 3 1899 – prohibition on dum-dum (expanding) bullets ❖ Convention with respect to the Laws and Customs of War on Land 1899 and Regulations on the Laws and Customs of War on Land – prohibition on poison and poisoned weapons ❖ Geneva Gas Protocol 1925 – prohibition on asphyxiating, poisonous and other gases, liquids, materials and devices and bacteriological weapons ❖ Protocol I to the UN Convention on Conventional Weapons 1981 – prohibition on weapons that injure with fragments undetectable by X-ray ❖ Protocol II to the UN Convention on Conventional Weapons 1981 – prohibition on the use of mines and booby-traps ❖ Protocol III to the UN Convention on Conventional Weapons 1981 – prohibition on the use of incendiary weapons (inflammatory), in particular incendiary weapons delivered by air on places of high civilian concentration ❖ Environmental Modification Treaty 1977 – prohibition on using environmental modification techniques which cause widespread, long-lasting and severe destruction, damage and injury ❖ Additional Protocol I to the Environmental Modification Treaty 1977 – prohibition on the use of methods/means of warfare which cause widespread, long-lasting and severe damage to the natural environment ❖ Prohibitions on Chemical Weapons 1989 – reaffirmed the Gas Protocol of 1925 after Iran-Iraq war but most state parties have made a reservation so the true effect of the Treaty is to prevent first strikes with chemical weapons rather than banning chemical weapons per se

2.4 Treatment of the Wounded, Sick and Shipwrecked (GC I & 2)

Application of GC I and II – Article 13 (same as Art 4 GC III definition of combatants)

Protection under the Conventions • Cannot be targets or the subject of reprisals – Art 46 • Must be respected and protected in all circumstances: Art 12 • Treated humanely • Cared for within distinction on basis of race, sex etc • Must not be subjected to violence, attempt on life etc • Must not be subjected to medical experiments, torture • Must not be exposed to conditions which might be contagious or cause infection • Women are to be treated deferentially • If a person falls into enemy hands, they are a prisoner of war: Art 14 • Parties must after conflict search for wounded and sick, protect them from pillage etc and ensure adequate care: Art 15 • Parties must search for dead and ensure bodies are not despoiled: Art 15 • Parties must create register of all wounded or dead persons within their care: Art 16 • Parties must ensure death by medical examination and ensure identity before burying or cremating: Art 17 • Parties must allow locals to care for wounded and sick: Art 18 • Medical units, hospital ships and medical personnel must be respected and protected: Art 19 – 25 • Medical units can carry arms to protect themselves and those in their care, and do not by carrying arms become combatants – Art 22

2.5 Treatment of POWs (GC III)

Application of GC III – see Art 4 definition of combatant above

Protections afforded • General right to be treated humanely – Art 13 • must not be subjected to mutilation or scientific experiments – Art 13 • must be protected from acts of violence of intimidation and against insults and public curiosity – Art 13 • respect for their persons, particularly women – Art 14 • free medical attention – Art 15, Art 30 (once interned) • equal treatment (except where beneficial according to rank and sex) – Art 16 • evacuation away from conflict zone – Art 19 • internment only on land guaranteeing health and hygiene – Art 21 • internment under same conditions of soldiers in the same area – Art 25 • separate dormitories for women – Art 25 • sufficient food and water – Art 26 • permission to use tobacco – Art 26 • cannot collectively discipline POWs with food withholding etc – Art 26 • sufficient clothing – Art 27 • provision of ability to clean themselves, soap etc – Art 29 • frequent medical inspections – Art 31 • freedom to exercise their religious duties – Art 34 • encouragement of intellectual, educational and recreational pursuits including sports and games – Art 38 • labour only in certain industries – agriculture, industry, commercial services etc not connected with the military – Art 50 • suitable conditions of employment, similar wages, food, equipment, hours as equivalent employees – Art 51, 52 and 53 • no dangerous employment – Art 52 • accounts held for prisoners with items of equipment, money, personal belongings kept for them until their release – Art 58 – 66 • ability to send and receive letters and cards – Art 71 • POW can be tried by military court, but cannot be tried by a court which does not exhibit the “essential guarantees of independence and impartiality” – Art 84 • If offence is ‘escaping’, person will only be liable to disciplinary offence – Art 92 • Where being disciplined, must still be able to exercise and stay in the open air for at least 2 hours per day – Art 98

The impact of Protocol I

Persons not entitled to prisoner of war status • Spies – Art 46 Protocol I • Mercanaries – Art 47 Protocol I • To be a mercenary must fight in a country motivated by substantial material gain where you are not a national of the country or of any of the countries involved in the conflict and have been specially recruited to so fight (Art 47(2))

All persons taking part in hostilities • Must be presumed to be a POW if he claims such status or seems to have that status or there is any doubt and must be treated as such until his status is determined by a competent tribunal – Art 45 (1) • Where tried for any offence, such a person must have the right to assert their POW status – Art 45 (2) • Where not entitled to POW status and not entitled to higher protection under Convention 4 (ie as a civilian) any person taking part in the hostilities shall be protected by at least the guarantees in Art 75 – Art 45(3)

Art 75 Protocol I • Prohibits violence to the life, health and mental and physical well-being of peoples including murder, torture, corporal punishment and mutilation • Prohibits outrages upon personal dignity including humiliating or degrading treatment, enforced prostitution, indecent assault, taking of hostages, collective punishments • Prohibition on passing sentence on any person unless found guilty of an offence (not retrospective) by an independent and impartial tribunal (and afforded the usual guarantees – no forced self-incrimination, right to cross-examine, right to lead evidence, no double jeopardy, innocent until proven guilty) • Women to be held in separate quarters

2.6 Treatment of Civilians (GC IV)

Application of whole • Persons who find themselves within the hands of a party to the conflict or occupying power of which they are not nationals in the case of a conflict or occupation – Art 4

Protection afforded
Protected persons in territories of the parties of the conflict and occupied territories Part III Section I • Be treated humanely and with respect for their honour, religious practices, family and manners and customs – Art 27 • Be protected against acts of violence, threats etc – Art 27 • Women are to be particularly protected from enforced prostitution or any other indecent assault – Art 27 • Be able to make an application to any humanitarian organisation who may assist them, including the International Red Cross/Red Crescent – Art 30 • Not be physically or morally coerced or be subjected to physical suffering, brutality or extermination – Art 31, 32 • Not be collectively punished – Art 33 • Cannot be taken as hostages – Art 34

Aliens in the territory of a party to the conflict – Part III Section II • Provision to allow aliens to leave at outset or during conflict if they so desire, unless contrary to national interest of state – Art 35 • Shall be able to receive relief etc, receive medical attention, practice their religion, be protected from the conflict in the same way as nationals of the state – Art 38 • Only compelled to work to the same extent as nationals – Art 40 • Internment may only be imposed is absolutely necessary for the security of the detaining power – Art 42 • Internment should be reviewed by administrative bodies regularly – Art 43

Occupied territories – Part III Section III • Provision to allow persons to leave if they so desire – Art 47 • Individual or mass forcible transfers prohibited – Art 49 • Cannot deport parts of own population into territory you occupy – Art 49 • Nationals of occupied state cannot be forced to serve in armed or auxiliary forces of the occupying power – Art 51 • Cannot be forced to work unless over 18 years of age – Art 51 • If forced to work, can only be things of necessity for food, shelter etc of occupying army or civilians, not military operations – Art 51 • No destruction of property owned by private persons or to the state or other public authorities except if absolutely necessary – Art 53 • Occupying power to ensure adequate supplies of food etc – Art 55 • Must allow continuance of religious services, civilians hospitals etc – Art 57 – 58 • Similar rights with respect to fair and impartial trial – Art 71-77 • Shall be interned only for imperative reasons of security – Art 78

Treatment of Internees under any of categories – Part III Section IV • Free maintenance and medical attention – Art 81 • Accommodation of the internees languages, nationality and customs – Art 82 • Family members to be interned together – Art 82 • Cannot be interned in places where exposed to war – Art 83 • Sufficient food and water – Chapter III • Medical attention – Chapter IV • Religious, intellectual and physical activities – Chapter IV • Provision to send and receive letters and cards – Art 107 • Humane transfers, generally by rail or other transport, not on foot – Art 127

Application and protection from Part II – whole population • Applies to the whole population of any country in the conflict – Art 13 • Organisation of areas to protect women, children etc – Art 14 • Protection for wounded, sick etc – Art 16 • Civilian hospitals not to be attacked – Art 17 • Free passage of medical vehicles, medical supplies etc – Art 21 – 23 • Protection of children under age of 15 – Art 24 • Right to correspond with family – Art 25

Exception – Article 5 • Persons who are engaged in activities hostile to the security of the state in whose territory they are in (where the state is party to the conflict) that person is not able to claim the rights and privileges conferred by the Convention where that will be prejudicial to the security of the state • Must still be treated with humanity and given a fair trial • Spies, or those suspected of hostile activity may be denied the right to communication

Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory
Advisory Opinion 9 July 2004 ICJ • Concerned the annexation and building of a wall surrounding territory occupied by Israel but formally within the land of Palestine in the 1967 conflict • Held that such annexation was illegal – cannot claim territory through war • The building of the wall destroyed property of Palestinians and was not necessary by military reason and thus breached Art 53 GC IV • Establishment of Israeli settlements inside the wall on ‘Palestinian’ territory was a breach of Art 49 of GV IV which prohibits the transfer of civilians of an occupying power into occupied territory • Held that inherent right to self defence or state or necessity were not relevant in this case to excuse Israel’s otherwise illegal behaviour

3. Non international Armed Conflict

• 4 GC’s only apply to international armed conflict as spelled out in common Article 2 • Common Article 3 lays down the bare minimum expected of state parties involved in non-international armed conflicts

1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth, wealth, or any other similar criteria.

To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; b) Taking of hostages; c) Outrages upon personal dignity, in particular humiliating and degrading treatment; d) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording al the judicial guarantees which are recognised as indispensable by civilized peoples.

2) The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the ICRC, may offer its services to the parties to the conflict.

• The parties to non international armed conflict are to endeavour to abide by all the other stipulations of the GC’s: common Article 3 • Additional Protocol II was enacted to cover this gap in the GC’s • The ICC covers “war crimes” and other crimes committed during international or non-international armed conflicts

Protocol II Application and protection • Applies to all conflicts not covered by Protocol I between a state’s armed forces and dissident armed forces and other organised groups – Art 1 • Does not apply to other internal disturbances including riots, tension or other isolated and sporadic incidents of violence – Art 1 • Protocol is not reason to intervene in another state – Art 3 • All those who are not involved in the hostilities must be treated humanely and respected – Art 4 • Prohibits violence to the life, health and mental and physical well-being of peoples including murder, torture, corporal punishment and mutilation • Prohibits outrages upon personal dignity including humiliating or degrading treatment, enforced prostitution, indecent assault, taking of hostages, collective punishments • Prohibits slavery, pillage and acts of terrorism • Wounded and sick not to be attacked and to be provided with medical attention – Art 7 • Medical units and transports not to be the subject of attack – Art 11 • Distinctive emblem of red cross/red crescent not to be used improperly – Art 12 • Civilian population not to be the subject of attack – Art 13 • Objects indispensable to civilian survival (food stuffs, agriculture etc) not to be attacked – Art 14 • Objects containing dangerous forces not to be attacked – Art 15 • Cultural objects and places of worship not to be attacked – Art 16 • Prohibition on forced movement of civilians – Art 17

4. Enforcement of the laws of armed conflict

Rules of Engagement • Most conflicts are now conducted by ROE’s determined individually for each conflict • Usually cover levels of force to be used, types of weapons systems, geographic limitations like demilitarized zones etc, dealing with neutral civilians, dealing with terrorists, use of mines • ROE’s summarized and provided to soldiers for reference

State responsibility • Detaining power is responsible for all treatment given to POWs – Art 12 GC (III) • State responsible for breaches of GC (IV) – Art 29 GC (IV) • State responsible for breaches carried out by its armed forces – Art 91 Protocol I

Individual responsibility • Commander of POW camp personally responsible – Art 39 GC (III) • Violations of the Geneva Convention are war crimes and can thus be punished by the ICC • War crimes attract universal jurisdiction so individuals are required to be pursued by all state parties and can be prosecuted in any state that is a party to the Conventions (eg. Art 49 GC (I)) • International Military Tribunal at Nuremburg 1945 established that ‘superior orders’ is not a defence to war crimes • Combatants have duties under the Conventions not to follow illegal orders • Superior officers have the duty to ensure their personnel behave appropriately and lawfully – and thus the responsibility to train them adequately

Grave breaches • Defined in Art 50 of GC (I) as wilful killing, torture or inhuman treatment including biological experiments, wilfully causing great suffering or serious injury to health and extensive destruction/appropriation of property not justified by military necessity and carried out unlawfully and wantonly (of people protected by that Convention)

Australian response • International Criminal Court (Consequential Amendments) Act 2002 (Cth) renders all crimes under the Rome Statute for the ICC crimes under Australian law • Extends universal jurisdiction to the Australian court for these crimes