Revista Institutului Naţional de Justiţie (Dec 2023)
Criminological specificity of war crimes, their difference from crimes against humanity and genocide
Abstract
At the present day sometimes crime of genocide is practically described as a crime against humanity, and the latter is characterized as war crimes. Although some similarity does exist between these kinds of crimes, they have different peculiarities by their constituent elements. These peculiarities possibly may be linked with warfare, but it wouldn’t be correct to bind them entirely with warfare. This difference can be found even in the charters of international criminal tribunals, particularly in various articles of Statute of the International Criminal Court: crime of genocide in Article 6, crimes against humanity in Article 7, and war crimes in Article 8 respectively. Unlike war crimes, crimes against humanity and crime of genocide can be perpetrated both in times of warfare and peace. It’s always important to distinguish the latter from war crimes.
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