What Are War Crimes?
War crimes are serious violations committed during armed conflicts by breaking accepted humanitarian and legal rules of war. These crimes can be committed against civilians, wounded people, sick people, prisoners, people who have left the battlefield, and other protected persons.
War does not allow every kind of action. Even when an armed conflict is taking place, human life, human dignity, and some basic rights must remain protected. The purpose of having special rules for war is to limit the harm caused by war and protect people who are not taking part in the conflict or who are no longer able to fight.
Civilians Must Not Be Targeted in War
In wars, civilians often suffer the greatest harm. Children, women, men, older people, and other civilians may lose their lives, homes, health, families, and basic means of living.
Civilians must not be directly targeted in war. Intentionally targeting civilian areas, carrying out attacks against people while clearly ignoring the risk of harm to civilians, or using violence to frighten and pressure civilians are serious humanitarian concerns and must be seriously investigated.
Examples of War Crimes
War crimes can take different forms. Intentionally killing civilians, torture, inhuman treatment, sexual violence, taking hostages, mistreatment of prisoners, unlawful deportation or displacement of civilians, and attacking people who are no longer taking part in the conflict are among the acts that have serious importance under international legal principles.
Illegal attacks against hospitals, medical workers, humanitarian aid workers, and places and people that have special protection can also lead to serious legal responsibility.
The Difference Between War and a War Crime
Not every war or every incident during a war is automatically considered a war crime. To determine whether an act is a war crime, the circumstances of the incident, the type of conflict, the way the act was carried out, the nature of the target, the intention of the person responsible, and other relevant legal elements must be considered.
This difference is important because every incident should be assessed without emotional judgment and based on available evidence and relevant legal standards. An allegation of a war crime should be assessed through a serious, impartial, and professional investigation.
Prisoners of War, Wounded and Surrendered Persons
People who are wounded, sick, captured, or have surrendered need special protection after they are no longer actively taking part in the fighting. Torturing them, humiliating them, intentionally killing them, treating them inhumanely, or denying them necessary medical care are serious violations of human dignity.
Wounded and sick people should receive medical care as far as the circumstances allow, regardless of their identity or which side of the conflict they belong to. The human dignity of prisoners and captured persons must also be respected.
Sexual Violence and Victims of War
Sexual violence is one of the most painful violations against people during war. Women, girls, boys, and men may face sexual violence, humiliation, abuse, and other harmful acts during armed conflicts.
Such acts do not only cause physical harm. They can also have deep effects on the victim’s mental health, family, social life, and future. Victims should have access to medical, psychological, social, and legal support, and their privacy and human dignity must be protected.
Displacement of People Because of War
War can force millions of people to leave their homes and areas. The destruction of homes, loss of basic means of living, fear, and insecurity can force people to leave their homes.
In such situations, the safety of civilians, their basic needs, and human dignity must be taken into consideration. People displaced by war should not be deprived of assistance, protection, and necessary legal support.
Rights of Victims
Victims of war crimes have the right to truth, justice, and human dignity. People who are killed or injured because of a crime and their families should not be forgotten. Victims may need medical treatment, psychological support, legal assistance, social support, and compensation for the harm they have suffered.
Protecting victims’ rights should not only be considered after the war ends, but throughout the entire investigation and justice process. They should have a proper opportunity to explain what happened, pursue their rights, and seek justice.
Justice and Accountability
Accountability is necessary to prevent war crimes and protect the rights of victims. People responsible for war crimes should be identified under the law and their responsibility should be examined through a fair judicial process.
The purpose of justice should not only be to punish offenders. It should also include finding the truth, recognizing victims’ rights, compensating them for their harm, and taking legal and practical steps to prevent similar crimes from happening again.
Our Position
The Afghan International Human Rights Organization strongly opposes the killing of civilians, torture, sexual violence, hostage-taking, inhuman treatment, and other serious violations during armed conflicts. We believe that armed conflict does not allow the destruction of human dignity or the right of civilians to life.
We emphasize that civilians must not be targeted in wars, and wounded people, sick people, prisoners, and surrendered persons must be treated humanely. Allegations of war crimes should be investigated impartially, professionally, and based on evidence.
We support the rights of victims, truth, justice, and accountability. We believe that the fight against war crimes should be based on protecting the dignity of victims, holding those responsible legally accountable, and preventing future crimes.