Legal Definitions - Mutiliation

Mutilation, in the context of international criminal law, refers to the intentional act of causing severe and permanent physical harm to an individual during an armed conflict. This harm involves either lasting disfigurement or the permanent disabling or removal of an organ or body part.

For an act to be considered mutilation as a war crime, several conditions must be met:

• The victim suffers permanent disfigurement, or an organ or appendage is permanently disabled or removed.
• The harm inflicted is not justified by legitimate medical, dental, or hospital treatment, nor is it in the victim's best interest. This distinguishes it from necessary surgical procedures.
• The victim is a protected person, meaning they are a civilian, a wounded or sick combatant, a prisoner of war, or otherwise no longer actively participating in hostilities (they are "hors de combat").
• The conduct occurs in connection with an armed conflict.

Examples of Mutilation as a War Crime:

Example 1: Deliberate Harm to a Prisoner of War

During an international armed conflict, a captured enemy soldier, who has surrendered and is clearly a prisoner of war, is subjected to an interrogation. After refusing to provide information, a guard intentionally severs one of the prisoner's fingers with a knife, not for any medical reason, but as a punitive measure. The finger is permanently removed, causing lasting disability.

This illustrates mutilation because the victim was a protected person (a prisoner of war, thus hors de combat), suffered permanent removal of an appendage, the act was not medically justified, and it occurred within the context of an armed conflict.

Example 2: Disfigurement of a Civilian

In a region experiencing a non-international armed conflict, a group of armed non-state actors enters a village. They identify a local community leader who has been critical of their actions. As a warning to others, they deliberately use a sharp object to carve symbols onto the leader's face, causing severe and permanent scarring and disfigurement. The leader was a civilian and not involved in the fighting.

Here, the victim was a civilian, a protected person not participating in hostilities. The act caused permanent disfigurement, was not for any medical purpose, and took place during an armed conflict, fitting the definition of mutilation.

Example 3: Unjustified Amputation of a Wounded Combatant

Following a skirmish, a combatant from one side is severely wounded in the leg and left behind. Enemy forces discover him. Although his wound could potentially be treated, a medic from the enemy forces, acting on orders, deliberately amputates the combatant's leg without any medical necessity or attempt to save the limb, simply to inflict further suffering and permanent disability. The wounded combatant was no longer able to fight and was awaiting medical attention.

This scenario demonstrates mutilation because the victim was a wounded combatant and therefore hors de combat. The amputation caused permanent disability (removal of an appendage), was not medically justified or in the victim's interest, and occurred during an armed conflict.