Who can be held accountable for violations of international humanitarian law?

International humanitarian law (IHL) sets out rules that apply during armed conflicts and protect persons who are not, or are no longer, participating in hostilities. At the same time, IHL limits the means and methods of warfare. Violations of these rules may give rise to individual criminal responsibility as well as the international legal responsibility of States.

Not every crime committed during war is a war crime. A crime becomes a war crime when it is closely linked to an armed conflict. For example, intentional killing, torture, unlawful deprivation of liberty, rape, looting, or unlawful destruction of property may constitute either ordinary criminal offences or war crimes if committed in the context of and in connection with an armed conflict.

Individuals who commit war crimes may be held accountable at both national and international levels. Relevant mechanisms of international criminal justice exist for this purpose. In Ukraine, responsibility for war crimes is provided for, in particular, under Article 438 of the Criminal Code of Ukraine (“War Crimes”).

At the same time, responsibility for violations of international humanitarian law is borne not only by individuals but also by States.

Each State is obliged to:

• respect IHL;
• ensure respect for IHL;
• incorporate relevant IHL provisions into its national legislation;
• investigate war crimes and, where appropriate, prosecute suspected perpetrators.

If a State fails to fulfil these obligations or itself violates international humanitarian law, it may incur international legal responsibility.

Understanding what constitutes a war crime is important not only for lawyers or military personnel. It helps to better understand which actions are prohibited under international law during armed conflict and why those responsible for the most serious violations of IHL may be held accountable even years after the crimes were committed.