[국제법에 명시된 戰爭犯罪(War Crimes)의 개념]
VI(b) War Crimes: Violations of the laws or customs of war which include but are
not limited to, murder, ill-treatment or deportation to slave-labor or for any other
purpose of civilian population of or in occupied territory, murder or ill-treatment
of prisoners of war or persons on the seas, killing of hostages, plunder of public or
private property, wanton destruction of cities, towns, or villages, or devastation
not justified by military necessity.
-Principles of International Law Recognized in the Charter of the Nuremberg
Tribunal and in the Judgment of the Tribunal
War consists largely of acts that would be criminal if performed in time of peace-
killing, wounding, kidnapping, destroying or carrying off other peoples' property.
Such conduct is not regarded as criminal if it takes place in the course of war,
because the state of war lays a blanket of immunity over the warrior.
But the area of immunity is not unlimited, and it's boudaries are marked by the
laws of war. Unless the conduct in question falls within those boundarie, it does
not loose the criminal character it would have should it occur in peacetime
circumstances.
- Telford Taylor, Nuremberg and Vietnam: An American Tragedy, 1979.
[지휘관의 책임]
1. 전쟁법의 교육/보급/전파/훈련 책임
2. 전쟁법 준수/이행의 감독책임
3. 작전수립시 적법한 군사목표 명시
4. 전투수행중 무고한 인원과 시설 보호
5. 포로와 노획물 관리책임
6. 부하의 위법행위에 대한 지휘책임
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