universal-rights

 
  

 


 
 
War Crimes and Violations of the Law of Nations during Armed Conflict.

Much frustration has been expressed with the world's legal systems to effectively deal with the crimes that inevitably occur in the chaos and lawlessness of war.

Criminal justice systems, like other government functions, cannot function in the middle of an armed conflict. While armies may have their own way to deal with war criminals, it seems these cases are only prosecuted if sufficient pressure is applied by the news media.

The increasing use of private mercenaries, ironically, provides a mechanism for victims to bring civil cases against the mercenaries' employers. Unlike governments, private corporations do not enjoy sovereign immunity, and can be sued for war crimes and violations of the laws of nations. These cases can be brought in the United States under the Alien Tort Claims Act, Torture Victims' Protection Act, and other laws. While this is en emerging and somewhat unsettled area of law, it provides the hope that victims of the worst atrocities committed on the planet can have some hope of reparations, at least when the crimes were committed by private actors.

Copyright Paul Wolf, 2008. All Rights reserved.