Differences between War Crimes, Acts of Genocide and Crimes against Essay

Differences between War Crimes, Acts of Genocide and Crimes against Humanity - Essay Example In order to successfully offer a distinction it is important to identify what each means in international law. It is important to note that Crimes against Humanity to be precise are largely vague by definition in many legally authoritative commentaries (Trahan & Human Rights Watch, 2006). Acts of Genocide on the other hand are clear in many statutes while the former has many interpretations depending on which statute one is referring to. This can be attributed to their history and how each developed as an internationally recognised offense. Acts of Genocide and Crimes against Humanity emanated primarily from the Nuremberg trials where they were utilised as synonyms. It is important to note that these crimes had their roots after the World War II when the international community wanted the Nazi regime in Germany to be held accountable for the atrocities it had committed during the war. Discussions were held by the United Nations from 1947 to 1948 before the adoption of a definition of genocide. Crimes against Humanity are criminal conducts towards civilians or distinct groups of people for example murder, enslavement, sexual violence among other inhumane acts regardless of whether the state in question was at war and regardless whether the acts were against that state’s laws at the time of committal. These crimes can be committed by anyone ranging from state officials to individuals towards their own nationals or foreigners. Genocide on the other hand has a smaller definition which is an act perpetrated by state nationals or individuals with the intention to destroy a religious, national, racial or ethnic group irrespective of whether the state is at peace or at war (Schabas, 2000; Boot, 2002). War Crimes on the other hand are acts perpetrated at the time of armed conflict which are against international laws governing the rule of law. These acts include mistreatment of civilian populations and people exploitation through torture or executions. War Crimes have been around for a longer period than genocide or Crimes against Humanity. Many civilisations around the world have had their share of controls that governed their warfare. In China for example, those at war were strictly forbidden to strike an elderly enemy fighter or further harm an injured enemy or opponent. Further restrictions were in regards to treatment of captives or prisoners of war. They were to be well treated so as to be used later for the captors benefit. Some of these rules contributed to the definitions stipulated above under the international law. It should also be noted that defining War Crimes has been a problem especially when instilling punishment (Schabas, 2008). It is a fact that in war solders are instructed or even ordered to kill with methods of doing so having some restrictions. Some contradictions often arise in determining War Crimes circumstances for example where a soldier kills their victims during war and are punished for it. Another is where pla nes engage in mass bombing of cities killing many innocent lives and no one is held accountable for it. These and more are some of the dilemmas that challenge the implementation of international law in various nations. The notion of Crimes against Humanity As earlier mentioned, Crimes against Humanity are rarely defined in many authoritative commentaries. The Criminal Tribunal for Yugoslavia and that of Rwanda brought to the fore the graveness of lack of definite meanings for the Crimes against Humanity (Meron, 1994; Akhavan, 1996). The reason for this was that the statutes establishing these tribunals