Explainer
What Is a War Crime? Meaning, Examples and Legal Tests
War crimes are serious violations of international humanitarian law that give rise to individual criminal responsibility. Here is what that means in practice.
Reviewed 18 September 2026. This is an evergreen explainer; case-specific legal findings should be checked against the newest authoritative source.
In short: War crimes are serious violations of international humanitarian law that give rise to individual criminal responsibility. Here is what that means in practice.
“War crime” is often used in public debate as a synonym for something horrific that happens during war. Legally, the term is narrower. War crimes are serious violations of international humanitarian law for which individuals can be held criminally responsible.
Not every civilian death is automatically a war crime
International humanitarian law accepts that some attacks on lawful military objectives may incidentally harm civilians, provided the rules of distinction, proportionality and precautions are respected. A tragic outcome alone does not establish the elements of a war crime. Investigators need to examine the target, the conduct, the circumstances and the required mental element.
Examples of conduct that can amount to war crimes
Depending on the conflict and legal framework, war crimes can include wilful killing of protected persons, torture, intentionally directing attacks against civilians, certain attacks on protected medical or humanitarian objects, taking hostages, pillage, unlawful deportation, sexual violence, conscripting or enlisting children below applicable age thresholds, and using prohibited methods of warfare. The Rome Statute contains detailed lists for both international and non-international armed conflicts.
War crimes require a connection to armed conflict
The same underlying act can be prosecuted under different bodies of law, but a war crime must have a sufficient nexus to an armed conflict. A murder committed for purely private reasons during wartime is not automatically transformed into a war crime simply because a war is occurring nearby.
Who can be responsible?
International criminal law focuses on individual responsibility. Direct perpetrators may be liable, but responsibility can also arise through ordering, aiding, contributing to a common plan or—in specific circumstances—command or superior responsibility. The exact test depends on the applicable law and facts.
Who decides whether a war crime occurred?
Domestic courts have the primary role in many cases. International and hybrid tribunals may have jurisdiction in defined circumstances, and commissions of inquiry or fact-finding missions can make legal assessments without themselves conducting criminal trials. News organisations should distinguish allegations, investigative findings, arrest warrants, charges and final convictions.
Why careful wording matters
Saying an incident “may constitute a war crime” can be appropriate when an authoritative body has made that assessment. Declaring guilt is different. Criminal responsibility normally requires a legal process capable of examining evidence, defences and the mental element.
Frequently asked questions
Is killing civilians always a war crime?
Intentionally attacking civilians is prohibited and can be a war crime. Incidental civilian harm from an attack on a lawful military objective is analysed under different rules, including proportionality and precautions.
Can soldiers from the winning side commit war crimes?
Yes. The rules apply regardless of which side ultimately wins or claims a just cause.
Can war crimes happen in civil wars?
Yes. International law recognises war crimes in both international and non-international armed conflicts.