Since the mid-nineteenth century, the world has moved steadily to impose greater international control over the conduct of war and call to account individuals and states that violate international law. One central principle of this movement is the Responsibility to Protect (R2P). This is the idea that concerned outsiders have a moral and political obligation to help states prevent mass atrocity crimes, through what the World Summit Outcome Document characterises as “diplomatic, humanitarian and other peaceful means.”
This includes helping states establish domestic courts and assisting them in prosecuting perpetrators of genocide, crimes against humanity, and war crimes. For example, after the Cambodian regime committed a genocide in that country in the 1990s, the government worked with the UN to set up the Khmer Rouge Tribunal, which successfully prosecuted members of the regime for crimes against humanity and genocide.
The definition of war crimes includes serious violations of international humanitarian law that occur during an armed conflict, whether it is international or not. These violations include killing civilians, torturing, pillaging or damaging property belonging to noncombatants, targeting religious and educational buildings and other civilian infrastructure, attacking medical facilities, using biological weapons, and recruiting children for military service.
Perpetrators of these crimes can be brought to trial in national courts or at the ICC, depending on the type of crime. The ICC is the only permanent court in the world responsible for prosecuting crimes against humanity. However, it is possible for individuals to be prosecuted under R2P for committing crimes against humanity in countries that do not have an ICC, thanks to the concept of universal jurisdiction.
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