The Summit on ICC Warrants: Israel & Hamas
The Evolving Definition of War Crimes and the Borderlines of Appropriate Military Action in Gaza
Expert Confirmation Summit of ICC Arrest Warrants Against Israeli / Hamas Leadership Calls for Action
Develop Comprehensive Guidelines for Military Conduct: Auniversally accepted manual for military operations must be created, clearly outlining the obligations of armed forces under international law and precisely defining war crimes to avoid legal ambiguities and ensure accountability.
Enhance Accountability Mechanisms: Strengthen international frameworks to hold political and military leaders accountable for war crimes, particularly in powerful nations. Advocate for more robust and independent mandates for international courts and legal bodies to pursue justice without political interference.
Promote International Cooperation for Evidence Collection: International legal bodies, governments, and NGOs should collaborate to improve evidence collection in conflict zones. This includes training local investigators, leveraging new technologies for documentation, and ensuring transparency in war crimes prosecutions.
Advocate for Legal Reforms in International Humanitarian Law: Lobby for updates and revisions to international humanitarian law to better address the evolving nature of warfare, including new forms of conflict and advances in military technology. Legal frameworks must evolve to keep pace with these changes.
Raise Public Awareness on War Crimes and Accountability: Launch global campaigns to educate the public and policymakers on the importance of adhering to international humanitarian law and the consequences of failing to prosecute war crimes. Mobilizing public opinion is crucial to supporting legal reforms and accountability efforts
Panel Discussion Summary
This panel convened experts in international humanitarian law to discuss the evolving definitions of war crimes and the challenges of applying these definitions in modern conflicts. The discussion focused on legal frameworks governing war crimes, practical obstacles to enforcing international law, and the role of evidence collection in holding perpetrators accountable.
Key Points Discussed:
The evolving definition of War Crimes in Modern Conflicts:
Sir Geoffrey Robertson addressed the difficulties of clearly defining war crimes in today’s complex conflicts. He highlighted how past attempts to create consistent definitions have fallen short, leading to gaps in accountability. Robertson called for the development of a comprehensive manual or guide that would establish clear guidelines for military conduct in the 21st Century, ensuring commanders, armed forces and prosecutors understand their legal obligations in conflict zones.
Challenges of Applying War Crimes Definitions:
David Crane spoke on the challenges of applying war crimes definitions in active conflicts, emphasizing the role of political reluctance in shielding leaders from accountability. He cited the ongoing conflicts in Gaza, Ukraine, and Sudan as examples where leaders evade responsibility for their actions. Both Crane and Tapas Kanti Baul stressed the importance of adhering to the principles of proportionality and distinction in military operations. Yonah Diamond contributed by pointing out how professional armies must make decisions that avoid collateral damage, adding an ethical dimension to the legal obligations of military forces.
Legal Frameworks and Self-Defense Claims:
Zachary Cooper explored the legal intersection of the law of armed conflict and the laws governing the use of force. He examined whether claims of self-defense, often invoked by states in conflict, could justify actions that might otherwise be seen as war crimes. Cooper used case studies from Ukraine and Gaza to highlight how the legal interpretation of self-defense can blur the lines between legitimate military action and violations of international law. This part of the discussion underscored the complexity of applying international law in real-world military engagements.
Evidence Collection and International Cooperation:
David Crane emphasized the importance of thorough and impartial evidence collection in prosecuting war crimes, particularly in post-conflict situations. He pointed out the inherent difficulties in gathering evidence amid the destruction of war, especially in regions like Gaza, where ongoing conflict can complicate documentation efforts. Crane stressed the need for better international cooperation, including training local investigators and employing technology to document crimes in real time, ensuring that evidence is preserved for future prosecutions.
The panel highlighted the challenges of defining and applying war crimes in contemporary conflicts, focusing on the legal and political obstacles to accountability. The evolving nature of warfare, coupled with technological advancements, requires new legal standards and clearer guidelines for military conduct. The panelists called for immediate steps to develop comprehensive guidelines, strengthen international accountability mechanisms, and enhance evidence collection efforts. They also emphasized the importance of public awareness campaigns to foster a global understanding of international humanitarian law and support for the prosecution of war crimes. The discussion underscored the urgent need for reforms in both legal frameworks and practical enforcement mechanisms to ensure justice in the face of modern warfare.
