War Crimes

What It Covers

The evolution of international war crimes law from the US Civil War's Lieber Code through Nuremberg trials to today's International Criminal Court, examining who defines war crimes and how enforcement remains politically contested.

Key Questions Answered

• •Lieber Code 1863: Francis Lieber created the first comprehensive legal framework distinguishing combatants from civilians, but included military necessity exceptions allowing commanders to bypass protections when preserving the Union required it, establishing precedent for situational war crime definitions.
• •Nuremberg precedent: The 1945 trials nearly didn't happen as Churchill and Roosevelt initially favored summary execution of Nazi leaders. Secretary of War Henry Stimson convinced them trials would avoid appearing as victor's revenge, establishing individual accountability over collective punishment.
• •ICC jurisdiction limits: The International Criminal Court established in 2002 has heard 33 cases with only 6 resulting in imprisonment or reparations. Major powers including US, China, Russia, and Israel remain non-members, limiting enforcement to smaller nations primarily in Africa.
• •US veto power contradiction: America championed Yugoslav and Rwanda tribunals created by UN Security Council where it held veto power, but opposed the independent ICC. The 2002 Hague Invasion Act authorizes military force to free any American detained by the court.