Not all violations of the laws of war are sanctioned in the same manner. The Geneva Conventions and Additional Protocol I identify a limited set of violations – the grave breaches – which are particularly serious violations that give rise to specific obligations of repression for States. Grave breaches must be prosecuted by High Contracting Parties on the basis of the principle of universal jurisdiction. Together with other serious violations of IHL, grave breaches constitute war crimes.
See War Crime, Individual Criminal Responsibility; Universal Jurisdiction; Breach, Violations; Genocide; Crimes Against Humanity; International Criminal Court; ICTY; ICTR; International criminal law; Individual criminal responsibility;
OUTLINE
LEGAL SOURCE
definition and lists of offences
GCI, 50 (see ICRC updated Commentary)
GCII, 51 (see ICRC updated Commentary)
GCIII, 130
GCIV, 147
PI, 11/4
PI, 85
universal jurisdiction
GCI, 49 (see ICRC updated Commentary)
GCII, 50 (see ICRC updated Commentary)
GCIII, 129
GCIV, 146
PI, 85/1
CASES
The International Criminal Court (A. Art. 8)
Germany, International Criminal Code (Paras. 8-12)
Canada, Crimes Against Humanity and War Crimes Act (Section 4)
Belgium, Law on Universal Jurisdiction (A. Art. 136(c))
Ghana, National Legislation Concerning the Emblem
US, War Crimes Act
Hungary, War Crimes Resolution (V. 4 (b))
US Military Tribunal at Nuremberg, United States v. Alfried Krupp et al.
Chile, Prosecution of Osvaldo Romo Mena
Netherlands, In re Pilz
Israel, Human Rights Committee’s Report on Beit Hanoun (Paras. 49, 68 and 75)
Case Study, Armed Conflicts in the former Yugoslavia (17, 27 and 32)
UN, Statute of the ICTY (B. and C. Arts 2 and 3)
ICTY, The Prosecutor v. Tadic (A. paras 79-84)
ICTY, The Prosecutor v. Rajic (para 8)
ICTY, The Prosecutor v. Blaskic (A. paras 151-158)
Colombia, Constitutionality of IHL Implementing Legislation
United States, Military Commissions
France, Dupaquier et al v. Munyeshyaka
ICJ, DRC v. Belgium
Afghanistan, Separate Hospital Treatment for Men and Women (B. para 12)
Spain, Universal Jurisdiction over Grave Breaches of the Geneva Conventions
Central African Republic, Coup d'Etat
32nd International Conference of the Red Cross and Red Crescent, Sexual and gender-based violence: joint action on prevention and response
ECCC, Detention Sites in Cambodia
Afghanistan and Colombia, Conflict-Related Sexual Violence and Violence Against LGBT+ and Gender-Diverse Persons
BIBLIOGRAPHIC RESOURCES
Suggested reading:
FLECK Dieter, “Shortcomings of the Grave Breaches Regime”, in Journal of International Criminal Justice, Vol. 7, No. 4, September 2009, pp. 833-854.
ÖBERG Marko Divac, “The Absorption of Grave Breaches into War Crimes Law”, in IRRC, Vol. 91, No. 873, March 2009, pp. 163-183.
ROBERTS Ken, “The Contribution of the ICTY to the Grave Breaches Regime”, in Journal of International Criminal Justice, Vol. 7, No. 4, September 2009, pp. 743-762.
STEWART James G. (ed.), “The Grave Breaches Regime in the Geneva Conventions: a Reassessment Sixty Years On”, in Journal of International Criminal Justice, Vol. 7, No. 4, September 2009, pp. 653-877.
Further reading:
BOELART-SUOMINEN Sonja, “Grave Breaches, Universal Jurisdiction and Internal Armed Conflict: Is Customary Law Moving Towards a Uniform Enforcement Mechanism for all Armed Conflicts?”, in Journal of Conflict and Security Law, Vol. 5/1, 2000, pp. 63-103.
FERDINANDUSSE Ward, “The Prosecution of Grave Breaches in National Courts”, in Journal of International Criminal Justice, Vol. 7, No. 4, September 2009, pp. 723-741.
HENCKAERTS Jean-Marie, “The Grave Breaches Regime as Customary International Law”, in Journal of International Criminal Justice, Vol. 7, No. 4, September 2009, pp. 683-702.
KRESS Claus, “Reflections on the Judicare Limb of the Grave Breaches Regime”, in Journal of International Criminal Justice, Vol. 7, No. 4, September 2009, pp. 789-809.
MOIR Lindsay, “Grave Breaches and Internal Armed Conflicts”, in Journal of International Criminal Justice, Vol. 7, No. 4, September 2009, pp. 763-787.
O’KEEFE Roger, “The Grave Breaches Regime and Universal Jurisdiction”, in Journal of International Criminal Justice, Vol. 7, No. 4, September 2009, pp. 811-832.
ROBERTS Ken, “The Contribution of the ICTY to the Grave Breaches Regime”, in Journal of International Criminal Justice, Vol. 7, No. 4, September 2009, pp. 743-762.
SANDOZ Yves, “The History of the Grave Breaches Regime”, in Journal of International Criminal Justice, Vol. 7, No. 4, September 2009, pp. 657, 682.
STEWART James G., “The Future of the Grave Breaches Regime: Segregate, Assimilate or Abandon?”, in Journal of International Criminal Justice, Vol. 7, No. 4, September 2009, pp. 855-877.
