PRIZE COURT

 

24.       Property of the enemy captured on the High Seas is termed prize. It differs from booty, which is applied to the property of the enemy taken on land. A little to prize is acquired only on its condemnation by competent court and tilt its determination the right of property remains in a state of legal sequestration. Prize Courts are Municipal Courts specially constituted for the purpose of deciding questions of maritime capture in time of war. The jurisdiction of a Prize Court extends to all captures made on the high seas by its country’s cruisers during war, to the captures made on land by its naval forces and to ransom and connected questions of damage. It also includes all recaptures. The Prize Courts derive their jurisdiction from the belligerent state establishing them, which is confirmed by its municipal law.

 

LAWS OF AIR WARFARE

 

25.       The Second World War brought about a complete transformation in the conception of International law in relation to aerial warfare by the use of atom bomb in Hiroshima and Nagasaki in August, 1945. The ruthless destruction and the unprecedented havoc caused by it had the effect of discarding all the canons of civilized warfare. With the discovery of hydrogen bomb, which is considered ten times more powerful than the atom bomb, aerial warfare has assumed still greater importance and the conventional rules relating to this have almost become a relic of the hoary past. In spite of this rapid transformation it is necessary to study the principles laid down at various Conference. Following are the most important conferences regarding air warfare, which prescribed various rules regarding it:

 

a.         The Brussels Conference 1874: The rules laid down in this Conference are that towns’ agglomerations of houses or villages, which are open or undefended could not be attacked or bombarded.

 

b.         The Hague Conference 1892: This Conference prescribed definite rules with regard to aerial warfare. It forbade the discharge of projectiles explosives from balloons or by others similar new methods.

 

c.         First World War: During the First World War it was claimed by each of the belligerents that they had instructed their aviators to confine their attacks to military objectives only.

d.         Washington Conference 1921:In this conference a resolution was passed for the appointment of a commission of Jurists to consider the problems of aerial warfare.

e.         Air Warfare Rules 1923:It prescribed rules regarding aerial bombardment.

f           The Geneva Protocol of 1925: The Geneva protocol of 1925 prohibited the use of gas, bacteriological weapons and chemical weapons in warfare.

            g.         Second World War:         After the Second World War all States agreed not to

use atomic and nuclear weapons for destructive functions.

 

 

THE CONCEPT OF WAR CRIMES

 

26.       Technological developments have made the nature of modem warfare very destructive. This has led to the development of the phenomenon, 'Laws of War'. Laws of War do not regulate or govern wars or armed conflicts, but limit sufferings of people, use of force alleviate suffering of civilians and military personnel during war, limit battle areas, etc. However, in modern warfare one sees that atrocities, cruelties, barbarities, etc have taken place violating the 'Rules of War', this has led the development of the concept 'war crimes'.

 

WAR CRIME

 

27.       The term War Crime is the technical expression for a violation of law of war by any person or persons, military or civilian. Every violation of the law of war is a war crime. War crimes are mainly two categories. Conventional War crimes and other offences regarded as War crimes e.g. crimes against peace and crime against humanity. The following acts are representative conventional war crimes:

 

a.         Violation of the laws and customs of war on land.

b.         Violation of the laws and customs of war at sea.

c.         Violation of the laws and customs of war in the air.

28.       By signing and ratifying the 1949 Geneva Conventions, each nation incurs an obligation to suppress all war crimes. Universal jurisdiction exists over war criminals since they have committed offences against the law of nations. Under the Geneva Conventions each nation is under a strict obligation to search for all persons alleged to have committed war crimes, to investigate the allegations and to prosecute or extradite those so accused of. Following are the forums that prosecute the alleged war crimes:

 

a.         International military tribunal.

b.         United Nations Security Council.

c.         Military Commissions.

d.         Domestic criminal courts

 

29.       Here an example can be cited regarding the trials of war crimes in the former Yugoslavia. After the Nuremberg and Tokyo trials the International Tribunal (IT) is the first international court, which had been formed, to prosecute individuals accused of cruelties, barbarities, atrocities, etc during Wars or armed conflicts. In contrast to the Nuremberg and Tokyo Trials, which took place after WW-II, the International Tribunal has been formed while conflict still continues in Bosnia-Herzegovina. It is based on chapter 7 of the UN charter in regard to breaches of peace, threats to peace and acts of aggression, etc. The IT becomes a part of the UN but independent of the ICJ and based at The Hague, Netherlands. The powers and functions of the IT are based on resolution 808 of the UN. Under resolution 780, the Kalshoven commission chaired by Fritz Kalshoven was formed to analyze and investigate information atrocities taking place in the conflict.