WAR CRIMES UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

Abstract

It is important to know the great scientific achievements of Polish medieval science on what a war is and in what civilized manner can be fought – i.e., the so-called Polish school of ius gentium (law of nations). However, as there have been wars, there have also been war crimes. The beginnings of the modern war regulations date back to the end of the 19th century or even the beginning of the 20th century. For civilized rules of warfare very important is the Hague Convention of October 18, 1907 on the laws and customs of war on land with an annex – the Regulations concerning the laws and customs of war on land (replacing the Convention of July 29, 1899). Very important, achievements of international law in the field of armed conflict law, including war crimes are, of course, regulations of the Rome Statute of the International Criminal Court (done at Rome on July 17, 1998 – in force on July 1, 2002). The Rome Statute distinguishes (in six groups of regulations on such crimes) four categories of war crimes: first – grave breaches of the Geneva Conventions of 12 August 1949, second – other serious violations of the laws and customs applicable in international armed conflicts, third – serious violations of Article 3. common to the Geneva Conventions which applies to non-international armed conflicts, and the last fourth category – other serious violations of the laws and customs applicable in armed conflicts not of an international character.