This chapter introduces the law of war crimes including: its historic development, common legal issues such as identifying an armed conflict, and the specific offences constituting war crimes. As for the historic emergence of war crimes law, the chapter looks at the evolution of humanitarian law – on which war crimes law is based. The chapter discusses the key principles of humanitarian law (distinction, proportionality, etc), the challenges of regulating warfare, the emergence of individual criminal responsibility (i.e. war crimes), and the evolution of war crimes in non-international armed conflicts. As for ‘armed conflict’, the chapter discusses common challenges in identifying the character of the armed conflict (international or non-international), for example in situations of invitation, national liberation, proxy forces, and transnational conflict. The chapter reviews the requirements to qualify as an armed conflict – intensity of the conflict and organization of the parties. It then reviews specific illustrations of war crimes, including: crimes against non-combatants (killing, sexual violence, experiments, and so on); attacks on prohibited targets (for example, historic monuments, hospitals, and so on); and attacks likely to inflict disproportionate civilian harm compared to the anticipated military advantage; prohibited weapons; and prohibited methods of warfare.

The ICC launched in 2002 to judge cases against individuals accused of war crimes, crimes against humanity, and genocide. It is unique among international institutions in this book in that it imposes its obligations upon individual persons rather than governments. This chapter shows the powers and limits on the authority of the ICC to punish people for large-scale atrocities. The practical power of the ICC is shaped by both the difficulty of apprehending people and the active work of those who wish to remain insulated from accountability.

The final substantive chapter of the book looks at how all these rules are implemented and enforced, and what mechanisms exist to hold violators of the law accountable for their acts. Common Article 1 of the Geneva Conventions requires states to ‘ensure respect’ for the rules of IHL, which is achieved through a range of measures such as education of the armed forces and civil society in the rules of IHL and entrenching the rules in domestic legislation. The chapter describes the roles of the ICRC, Protecting Powers and the International Humanitarian Fact-Finding Commission. The development and content of international criminal law are examined, including individual responsibility for war crimes, lesser violations of IHL, crimes against humanity and genocide, and the concept of command responsibility is explained. The growth in international and hybrid criminal tribunals is noted, as well as the roles played by the United Nations and other organisations in encouraging adherence to the rules of IHL. Finally the chapter examines mechanisms for implementation, enforcement and accountability in non-international armed conflict.

Pursuing German and Japanese war criminals and gaining compensation for survivors were high on the agenda of the victorious Allies after 1945. Enthusiasm, however, waned considerably and unforgivably in the context of the Cold War and partial restoration of pre-war elite networks. Long-term continuities in business–government networks in the coordinated economies of Germany and Japan meant that some of those who had been charged with war crimes – and/or those whose wealth derived at least in part from activities associated with the war – figured prominently in major post-war scandals. Over time, however, those directly tainted with pre-1945 crimes and practices begin to retire and die off. Moreover, the export orientation of both countries, combined with other aspects of the globalisation of business, finance, and markets, also changed the composition and dynamics of elite networks. This happened more rapidly and thoroughly in Germany than in Japan, owing to Germany’s greater dependence on exports; its central role in the European Union; and its greater openness to foreign imports and investment. German corporate governance therefore experienced more far-reaching reform than its Japanese counterpart. For many of the same reasons, Germany has made greater strides towards coming to terms with its pre-1945 past than Japan.

This chapter discusses the development and application of international humanitarian law (IHL) and its interrelationship with human rights law. It further examines this special relationship, which is of particular importance for the protection of civilians, especially where the applicability of IHL is contested or where IHL constitutes an exception to certain rights, such as the right to life, or fails to prevent and/or provide effective remedies for violations. The chapter seeks to identify the scope of application of IHL and demonstrate the degree to which the two can be reconciled. Moreover, a special case is made for the law applicable in situations of military occupation whereby human rights are subordinate to IHL. Despite this subordination, in practice because international human rights tribunals are not mandated to apply humanitarian law they necessarily interpret and enforce the rights of the victims on the basis of the rights found in their respective statutes. As a result, the jurisprudence of human rights tribunals is not always consistent with IHL. Yet, such tribunals are hard pressed to accept jurisdiction over situations which would otherwise be resolved on the basis of IHL alone. This chapter therefore goes on to discuss the exercise of extraterritorial jurisdiction by human rights tribunals.

The chapter begins by explaining the complementary role of criminal law in the application of international human rights. It then goes on to analyse the function of the concept of individual criminal responsibility under international law and its relationship to human rights violations. Subsequently, we examine the processes and mechanisms for enforcement of criminal rules under international law with an emphasis on policy rather than the procedural rules underpinning jurisdiction. The ‘peace versus justice’ debate, namely whether international prosecution should sometimes be side-lined in favour of negotiated solutions to ongoing conflicts, is an integral part of this discussion. Finally, the chapter concludes with an analysis of the two core mass international crimes, namely genocide and crimes against humanity with a view to demonstrating that their formulation is largely based on human rights (i.e. rights of victims), rather than criminal law, considerations.

The book closes with some early observations about the international armed conflict between Russia and Ukraine, from February 2022 until summer 2023 when this book was finalized. The Epilogue focuses on civilian Protection, prisoners of war, and ICRC communications policy. This approach allows one to begin to understand the complexities and difficult decisions facing the organization. The author’s necessarily tentative observations note, for example, the difficulties of getting ICRC activities properly underway, the sizable civilian assistance and protection provided, the grave difficulties involved in trying to get proper access to prisoners of war on both sides, and the debate surrounding the ICRC communications policy – which was much more open about civilian dangers and destruction than about the status of diplomacy for prisoners of war (not to mention interned and restricted Ukrainian civilians on the Russian side). As the book was going to press, the ICRC had major reputational problems in Kyiv despite its great effort to aid Ukrainian civilians severely affected by the fighting. And despite many bridge-building efforts in the past, it faced Russian policymakers whose priorities clearly did not include great attention to the rules of IHL, as had been true of Russian actions in the Syrian internal war and violent unrest in the Russian area of Chechnya – not to mention controversial Russian mercenary action in the Sahel. Despite over 150 years of persistent ICRC efforts, it was evident that in general the laws of war remained a fragile restraint on armed conflict and other major violence.

This chapter provides a brief overview of China’s engagement with international humanitarian law (IHL) since the late nineteenth century. It first looks back to the late Qing dynasty and follows it through to the early decades of the People’s Republic of China. It then examines China’s contemporary IHL practices, including China’s participation in IHL treaties, its domestic legislations, its approach to IHL training and education, as well as its participation in international rule-making processes. The chapter then focusses on developments of new technologies that have called into question the applicability, relevance and sufficiency of IHL. As IHL is in the process of being adapted, (re)interpreted and expanded, China is seeking to play a more active role in these processes. The chapter concludes with a reflection on China’s changing role and perspectives of its future engagements with IHL.

The Epilogue examines how trends from the 1990s continued to develop in the following decade. These included the growing civil–military gap, even as the American public lauded the troops as heroes; tensions between notions of the soldier as a male warrior and more inclusive visions of soldiers might be; and the question of what roles soldiers might be asked to take on. First, it explores how soldiers began to talk about themselves as ‘Spartans’, referencing their separate status as a warrior caste. It also examines how popular culture and the military itself began to increasingly venerate Special Forces ‘operators’, using these images to sell products as diverse as video games, fitness regimes and coffee blends, but also to reinforce notions of American soldiers as quasi-supermen, capable of incredible feats. Finally, it examines a cultural phenomenon that cut against the grain of ‘Spartan’ and ‘operator’ images: the ‘Fobbit’ – a term that refers to the personnel deployed to Forward Operating Bases but who avoided combat by remaining at the base, a description that then broadened to describe all sorts of personnel who deployed overseas but didn’t face the prospect of combat.

Fundamentals of our National Polity (Kokutai no hongi), where these quotations are from, was published by Japan’s education ministry in March 1937, months before the nation plunged into war against China and, subsequently, the Second World War.1 A portable canon of imperial ideology, the Fundamentals attacked the alien ideas that had become too prominent in Japanese society, particularly “individualism, which is the root of modern Occidental ideologies.”2 Yet the booklet contained more than simple propaganda; by instructing the imperial subjects to reaffirm their loyalty to the emperor and the nation, it reflected the Japanese state’s attempt to enlist citizens in its revolt against the West. As such, the pamphlet provides a useful historic vantage point. It illuminates, retrospectively, what had gone wrong in Japan’s quest for modernity over the preceding eight decades, which ended in an all-out confrontation with the Allied powers.

This chapter discusses international criminal law (fighting political crimes) and transboundary police cooperation (fighting common crimes), though mechanisms such as the ICC, but also extradition and abduction

This introduction to the book Graphic provides a brief overview of today’s digital information and media landscape, underscoring the often graphic nature of online content. Introducing the subject matter through the lens of a journalist who worked on the New York Times’ analysis of George Floyd’s killing, the authors raise the psychosocial risks that can come with engaging with upsetting online content, including secondary or vicarious trauma. Laying out a brief history of the role of visual imagery in advancing social change, they also emphasize the importance of finding ways to stay informed about the major social issues depicted in such imagery. Finally, this chapter provides an overview of the topics addressed in Graphic, ranging from the history of graphic visual content and its impact on human and civil rights, to how images affect people biologically and psychologically, to the ways peoples’ individual identities intersect with their experiences in potentially protective and harmful ways, to how people can increase their agency over their engagement with social media in order to minimize harm, to the ways community can act as a protective force, to strategies for maximizing meaning and other positive experiences from online experiences.

One of the most powerful ways to counter the isolation that often accompanies social media use – whether that use is professional or personal – is to foster community. That community can take various forms. For researchers and online investigators, it may mean working collaboratively or celebrating the cultures of those you are researching. For everyday users of social media, community may mean reaching out to others to talk about what you’re observing or to share your thoughts and feelings online. However, not all attempts to develop a sense of community are equally beneficial: According to recent research, for example, venting can have positive or negative effects, depending on how the user engages. In this chapter, the authors discuss what is known about effective ways to combat the isolation that can be endemic to online engagement, and how to proactively foster community in online and offline spaces to minimize the risk of psychological harm and maximize psychosocial well-being.

While people have similar biological responses when viewing graphic online imagery, our unique identities mediate that affect. This chapter explains how reactions to disturbing images can vary significantly from person to person, and how important it is to understand what makes each of us – and each other – more or less vulnerable to potential psychological harm when engaging online. The chapter explores how we can better protect our kids and communities by becoming more aware of the potential impact of social media content on ourselves and on other people, and the steps we can take to lessen the risk of harm.