Command responsibilityIn the practice of international law, command responsibility (also the Yamashita standard, the Medina standard, and superior responsibility) is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) is legally responsible for the war crimes and the crimes against humanity committed by his subordinates; thus, a commanding officer always is accountable for the acts of commission and the acts of omission of his soldiers.
War of aggressionA war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation. Wars without international legality (i.e. not out of self-defense nor sanctioned by the United Nations Security Council) can be considered wars of aggression; however, this alone usually does not constitute the definition of a war of aggression; certain wars may be unlawful but not aggressive (a war to settle a boundary dispute where the initiator has a reasonable claim, and limited aims, is one example).
International criminal lawInternational criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression. Classical international law governs the relationships, rights, and responsibilities of states.
Geneva ConventionsThe Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term Geneva Convention usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel, established protections for the wounded and sick, and provided protections for the civilians in and around a war-zone.
Superior ordersSuperior orders, also known as the Nuremberg defense or just following orders, is a plea in a court of law that a person, whether a member of the military, law enforcement, or the civilian population, should not be considered guilty of committing actions that were ordered by a superior officer or official. The superior orders plea is often regarded as the complement to command responsibility. One of the most noted uses of this plea, or defense, was by the accused in the 1945–1946 Nuremberg trials, such that it is also called the "Nuremberg defense".
Right of conquestThe right of conquest is a right of ownership to land after immediate possession via force of arms. It was recognized as a principle of international law that gradually deteriorated in significance until its proscription in the aftermath of World War II following the concept of crimes against peace introduced in the Nuremberg Principles.
HostageA hostage is a person seized by an abductor in order to compel another party, one which places a high value on the liberty, well-being and safety of the person seized—such as a relative, employer, law enforcement, or government—to act, or refrain from acting, in a certain way, often under threat of serious physical harm or death to the hostage(s) after expiration of an ultimatum. The Encyclopædia Britannica Eleventh Edition defines a hostage as "a person who is handed over by one of two belligerent parties to the other or seized as security for the carrying out of an agreement, or as a preventive measure against certain acts of war.
Law of warThe law of war is the component of international law that regulates the conditions for initiating war (jus ad bellum) and the conduct of warring parties (jus in bello). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with distinction and proportionality; and the prohibition of certain weapons that may cause unnecessary suffering.
Doctors' TrialThe Doctors' Trial (officially United States of America v. Karl Brandt, et al.) was the first of 12 trials for war crimes of high-ranking German officials and industrialists that the United States authorities held in their occupation zone in Nuremberg, Germany, after the end of World War II. These trials were held before US military courts, not before the International Military Tribunal, but took place in the same rooms at the Palace of Justice.
Military necessityMilitary necessity, along with distinction, and proportionality, are three important principles of international humanitarian law governing the legal use of force in an armed conflict. Military necessity is governed by several constraints: an attack or action must be intended to help in the military defeat of the enemy; it must be an attack on a military objective, and the harm caused to civilians or civilian property must be proportional and not "excessive in relation to the concrete and direct military advantage anticipated".
