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United States war crimes are violations of the law of war which were committed by members of the United States Armed Forces after the signing of the Hague Conventions of 1899 and 1907 and the signing of the Geneva Conventions. The United States prosecutes offenders through the War Crimes Act of 1996 as well as through articles in the Uniform Code of Military Justice. The United States signed the 1999 Rome Statute but it never ratified the treaty, taking the position that the International Criminal Court (ICC) lacks fundamental checks and balances. The American Service-Members' Protection Act of 2002 further limited US involvement with the ICC. The ICC was conceived as a body to try war crimes when states do not have effective or reliable processes to investigate for themselves. The United States says that it has investigated many of the accusations alleged by the ICC prosecutors as having occurred in Afghanistan, and thus does not accept ICC jurisdiction over its nationals.

Definition

War crimes are defined as acts which violate the laws and customs of war established by the Hague Conventions of 1899 and 1907, or acts that are grave breaches of the Geneva Conventions and Additional Protocol I and Additional Protocol II. The Fourth Geneva Convention of 1949 extends the protection of civilians and prisoners of war during military occupation, even in the case where there is no armed resistance, for the period of one year after the end of hostilities, although the occupying power should be bound to several provisions of the convention as long as "such Power exercises the functions of government in such territory."

Minqar Qaim