International Criminal Law

The concept of prosecuting war criminals is not unique to the modern world. Individuals who breached the "rules of war" were tried in ancient Greece, and probably earlier. However, those early prosecutions were hardly examples of fair and impartial international justice. Underpinning the prosecutions, however, was a notion that, even in war, there are certain rules which must be obeyed.

A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use, and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law.