Several crimes not initially considered international crimes have been recognised as such over time and have been charged and prosecuted across jurisdictions. Some examples include:
Genocide was formally recognised as an international crime after the Nuremberg Trials following World War II. The United Nations adopted the Genocide Convention in 1948, which defined genocide as a crime under international law. Since then, individuals have been charged and prosecuted for genocide in international and hybrid courts.
Like genocide, crimes against humanity were also established as international crimes during the Nuremberg Trials. These crimes include murder, torture, and enslavement when committed as part of a widespread or systematic attack against a civilian population. International tribunals and hybrid courts have prosecuted them.
The Geneva Conventions and their Additional Protocols set out the rules for the conduct of armed conflicts. War crimes encompass acts committed during armed conflicts that violate these rules. Various international courts, including the International Criminal Court (ICC), have prosecuted individuals for war crimes such as targeting civilians, using prohibited weapons, and conducting indiscriminate attacks.
The crime of aggression was formally defined in the Rome Statute of the International Criminal Court in 2010. It involves the planning, preparation, initiation, or execution of an act of aggression by a state against the sovereignty, territorial integrity, or political independence of another state. The ICC has jurisdiction to prosecute individuals for this crime.
While there is no universally agreed-upon definition of terrorism in international law, several international treaties address specific aspects of terrorism, such as the 1999 International Convention for the Suppression of the Financing of Terrorism. Some acts considered terrorism have been prosecuted in international and national courts, often relying on other charges like murder or conspiracy.
Piracy is an ancient crime that has been addressed through international law. The United Nations Convention on the Law of the Sea (UNCLOS) provides a framework for prosecuting and suppressing piracy. International cooperation has led to the prosecution of pirates by various states.
The use of child soldiers has gained international recognition as a grave violation of human rights and has been prosecuted as a war crime or crime against humanity. The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict sets the framework for addressing this issue.
While not fully codified as international crimes, there have been efforts to address severe environmental offences with transboundary impacts, such as illegal logging, illegal fishing, and wildlife trafficking, as crimes with international significance. National and international efforts have led to some prosecutions in this area.
It is important to note that establishing international criminal tribunals like the ICC, developing customary international law and strengthening international treaties and conventions have often facilitated the recognition and prosecution of these crimes across jurisdictions.
The evolution of international criminal law has witnessed the transformation of certain offences from their initial status as domestic matters to their subsequent acknowledgment as international crimes, thereby prompting cross-jurisdictional charges and prosecutions.
Following the culmination of World War II, the Nuremberg Trials marked a pivotal juncture in formally recognising genocide as an international crime. The United Nations subsequently ratified this watershed moment by adopting the Genocide Convention in 1948, thereby delineating genocide as an actionable offence under the purview of international law. Since then, individuals have been subject to charges and prosecution within international and hybrid judicial forums for their roles in genocidal acts.
Concomitant with the precedent set by the Nuremberg Trials, the sphere of crimes against humanity also attained international legal status. Manifesting as acts encompassing murder, torture, and enslavement, these transgressions garnered international acknowledgment during the above mentioned trials. This acknowledgement notably pertains to instances where such acts were orchestrated within a widespread or systematic assault against civilian populations. The adjudication of these crimes has been the province of international tribunals and hybrid judicial mechanisms.
The provisions encapsulated within the Geneva Conventions, and their Additional Protocols stand as instrumental benchmarks in regulating the conduct of armed conflicts. The contours of war crimes, constituting violations of these established regulations during armed hostilities, have been progressively defined. International courts, most prominently the International Criminal Court (ICC), have convened to address these violations, encompassing actions such as the deliberate targeting of civilians, the utilisation of proscribed weaponry, and the perpetuation of indiscriminate attacks.
The crime of aggression was formalised through the Rome Statute of the International Criminal Court in 2010. Encompassing the ambit of the planning, preparation, initiation, or execution of acts of aggression by one state against another's sovereignty, territorial integrity, or political independence, the definition heralded a new threshold in international legal discourse. The ICC has the authority to adjudicate individuals implicated in committing this crime.
Terrorism, although lacking a universally ratified definition in international law, has elicited the articulation of several international agreements addressing its salient aspects. The 1999 International Convention for the Suppression of the Financing of Terrorism exemplifies such an endeavour. While the contours of terrorism remain subject to multifaceted interpretations, instances of purported terrorist activities have been pursued through international and national judicial arenas, often relying on alternative charges such as murder or conspiracy.
A historical offence dating back centuries, piracy has been the focus of international legal measures. A comprehensive framework for curbing and adjudicating piracy has been established through instruments such as the United Nations Convention on the Law of the Sea (UNCLOS). The resultant international cooperation has culminated in various states' prosecution of alleged pirates.
Acknowledged as a profound infringement upon human rights, the use of child soldiers has garnered international recognition as a crime of considerable magnitude. This reprehensible practice has been subject to prosecution under the auspices of war crimes or crimes against humanity. The Optional Protocol to the Convention on the Rights of the Child concerning the involvement of children in armed conflict serves as a foundational framework for addressing this grave violation.
While not exhaustively codified as international crimes, concerted efforts have addressed environmental transgressions with cross-border ramifications. Notable among these are activities such as illegal logging, illegal fishing, and wildlife trafficking, which have garnered consideration as crimes with international implications. Collaborative endeavours on national and international fronts have yielded prosecutorial initiatives within this domain.
It is germane to underscore that the elevation of these offences to international crimes and their ensuing prosecution across diverse jurisdictions have been facilitated, in no small measure, by establishing international criminal tribunals, most notably the ICC. The evolution of customary international law and the fortification of international treaties and conventions have further buttressed this trajectory.
