25 War Crimes and Genocide

Abstract Both genocide and war crimes are regarded as serious violations of international humanitarian law. Just as with genocide, war crimes may, in principle, be committed by and against civilians and military alike. The law of genocide and the laws of war have very different origins, however, and both categories of crime cover essentially different protected interests. War crimes and genocide contain a number of elements which are not required by the other, the most obvious being that while war crimes, of their nature, may only be committed in times of war, genocide may be committed during war or peace. Under the prevailing test of cumulative convictions developed by a majority of the appeals chamber, an individual who has been charged with both war crimes and genocide for the same criminal conduct could be convicted for both categories of crimes.