Editing International Criminal Court (section)

=== War crimes ===
Article 8 defines war crimes depending on whether an armed conflict is either international (which generally means it is fought between states) or non-international (which generally means that it is fought between non-state actors, such as rebel groups, or between a state and such non-state actors). The most serious crimes constitute either [[Geneva Conventions#Enforcement|grave breaches]] of the [[Geneva Conventions]] of 1949 and its Protocols.{{rp|article 8(2)(c)}} In total there are 74 war crimes listed in article 8.<ref name="Elements of Crimes"/>

Eleven crimes constitute grave breaches of the Geneva Conventions and apply only to international armed conflicts:<ref name="Elements of Crimes"/>
# Willful killing
# Torture
# Inhumane treatment
# Biological experiments
# Willfully causing great suffering
# Destruction and appropriation of property
# Compelling service in hostile forces
# Denying a fair trial
# Unlawful deportation and transfer
# Unlawful confinement
# Taking hostages

Seven crimes constitute serious violations of article 3 common to the Geneva Conventions and apply only to non-international armed conflicts:<ref name="Elements of Crimes"/>
# Murder
# Mutilation
# Cruel treatment
# Torture
# Outrages upon personal dignity
# Taking hostages
# Sentencing or execution without due process

Another 56 crimes defined by article 8: 35 apply to international armed conflicts and 21 to non-international armed conflicts.<ref name="Elements of Crimes"/> Such crimes include attacking civilians or civilian objects, attacking peacekeepers, causing excessive incidental death or damage, transferring populations into occupied territories, treacherously killing or wounding, denying quarter, pillaging, employing poison, using expanding bullets, rape and other forms of sexual violence, and conscripting or using child soldiers.<ref name="RomeStatute" />{{rp|article 8}}