{"id":353850,"date":"2016-04-04T10:47:07","date_gmt":"2016-04-04T15:47:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/military\/criminal-law\/international-criminal-laws-and-military-personnel.html"},"modified":"2016-06-20T20:25:07","modified_gmt":"2016-06-21T01:25:07","slug":"international-criminal-laws-and-military-personnel","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/military\/criminal-law\/international-criminal-laws-and-military-personnel.html","title":{"rendered":"International Criminal Laws and Military Personnel"},"content":{"rendered":"\n
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International Criminal Laws and Military Personnel<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

The ICC was created in 2002 by the Rome Statute<\/a> and is the first permanent international criminal court, created by a treaty and independent of any other organization or country. It was established to prosecute the more serious violations of international law. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

While those serving in the military sacrifice in many areas of their lives, it\u2019s also undeniable that their service includes the very real possibility of being deployed to combat zones around the world. This can put them in dangerous environments and, especially for those in combat or combat support positions, face-to-face with hostile groups that would use violence against them. Even with the best training and equipment, the fog of war often confronts service members with difficult, life-altering decisions.<\/p>\r\n

Fortunately, service members receive training in the Laws of Armed Conflict<\/a> (LOAC) to guide them in such situations. The U.S. operates under LOAC whenever it conducts military operations. It\u2019s based on a set of international laws<\/a> derived from treaties such as the Geneva and Hague Conventions as well as the historical customs and practices of nations, a type of international common law<\/a> referred to as customary international law. While there are many different laws under LOAC, including those pertaining to the handling of detainees, it has four basic principles that guide those involved in combat operations:<\/p>\r\n

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  1. Distinction<\/u>: the obligation to distinguish between civilian and military targets and to target only the latter<\/li>\r\n
  2. Proportionality<\/u>: the obligation to avoid causing excessive damage to civilian lives and property when engaging legitimate military targets<\/li>\r\n
  3. Military Necessity<\/u>: the obligation to only use military force when necessary to fulfill a legitimate military objective<\/li>\r\n
  4. Prevention of Unnecessary Suffering<\/u>: the obligation to avoid using weapons or tactics that cause unnecessary suffering<\/li>\r\n<\/ol>\r\n

    How are International Law Violations Prosecuted?<\/h2>\r\n

    Service members accused of committing war crimes (violations of the LOAC) or other crimes under international law, normally will face the prospect of prosecution by the military under the Uniform Code of Military Justice<\/a> (UCMJ). This would take place through a court-martial<\/a>. However, while less likely, there are also other venues in which a service member could face trial, including:<\/p>\r\n