We can say without hesitation that war is an international crime because it is the source of destruction and the cause of orphanage, grief and suffering. The humankind record marked by wars and conflicts, which have become a feature of human history.
Pages of history are stained with war victims’ blood, proof of the horrors and atrocities that wars had inflicted on human beings, characterized by brutality and much blood shedding.
No old woman, pregnant woman or child has escaped war misfortunes. The voices have increased calling for the abandonment of wars and the disposition of evils, misfortunes and its elimination.
Meanwhile, the legal treatment of the war and the organization of its various dimensions represented a major focus of the jurisprudence efforts.
The 19th and early twentieth centuries witnessed a series of conferences aimed at codifying the principles of international jurisprudence.
The desire to provide the greatest protection to the victims of war in general was a definitive desire. However, the emergence of the principle of national sovereignty and its right to war has undermined efforts to resolve conflicts that arise between states and the peace conferences held in Brussels and Hague in order to provide protection.
This factor revealed terrible dimensions of the phenomenon of all-out war and the resort to reprisals against the law, in light of the tremendous scientific and technical development through weapons of mass destruction, which puts humanity on the brink of abyss.
Despite this categorical prohibition of war and the lack of recognition of its consequences, war still exists as a real phenomenon of human suffering. The efforts of international or regional organizations have not succeeded in eliminating wars.
The rules of international humanitarian law, which was blended with the rules of international criminal law to mitigate the scourge of war and reduce their impact were limited to a narrower scope.
For this reason, the international humanitarian law as well as international criminal law laid down the rules of ‘”inhuman” treatment during conflicts.