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290. These and other crimes are also listed in the Rome Statute of the International Criminal
Court, article 8 (2) (a) (“grave breaches”) and 8 (2) (b) (“other serious violations of the laws and
customs applicable in international armed conflict”).172
291. War crimes are serious breaches of international humanitarian law that apply to armed
conflicts and entail individual criminal responsibility under treaty or customary law. War crimes
can be committed in the context of armed conflicts of an international character as well as those
of a non-international character. This category of crimes includes and/or overlaps with the grave
breaches as defined in the four Geneva Conventions.
292. War crimes comprise crimes against protected persons (including wilful killing, torture or
other inhuman acts, taking hostages, and collective punishments); crimes against property
(including extensive destruction of property not justified by military necessity and carried out
unlawfully and wantonly, destroying or seizing property of the enemy, pillaging, and declaring
abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of
the hostile party); crimes relating to the use of prohibited methods and means of warfare
(including directing an attack against civilians or civilian objects, launching an attack directed
against legitimate targets if such attack causes excessive incidental civilian casualties or damage
to the environment, improper use of the protective emblems, the use of starvation of civilians as
a method of warfare, use of human shields and acts of terror). In addition, article 8 (2) (b) (iii) of
the Rome Statute defines as a war crime the direct attack against protected personnel,
installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping
mission.
293. Crimes against humanity are crimes that shock the conscience of humanity. The Statutes
of the International Criminal Tribunal for the former Yugoslavia and of the International
Criminal Tribunal for Rwanda provided for the prosecution of crimes against humanity. These
crimes comprise murder, extermination, enslavement, deportation, imprisonment, torture, rape,
persecutions and other inhuman acts when they are part of a widespread or systematic attack
against any civilian population.173 Although under the Statute of the International Criminal
Tribunal for the former Yugoslavia crimes against humanity must be committed in armed
conflict, such a requirement is not part of the customary law definition of the crime.
D.
International human rights law
294. Israel has ratified several of the most important international human rights treaties,
including the International Convention on the Elimination of All Forms of Racial
Discrimination, ICCPR, ICESCR, the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the Convention on the Rights of the Child, and the
Convention on the Elimination of All Forms of Discrimination against Women.
The possible application of the Rome Statute to the conflict in Gaza is still being discussed. The validity under its
article 12 (3) of the Palestinian declaration accepting the International Criminal Court’s jurisdiction is being
evaluated by the Office of the Tribunal’s Prosecutor.
172
See International Criminal Tribunal for the former Yugoslavia, Prosecutor v. Kunarac, case No. IT-96-23,
Judgement of 12 June 2002, para. 85.
173
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