Legal Definitions - taking of hostages

The taking of hostages is a grave war crime under international law, specifically defined by the Rome Statute of the International Criminal Court. It occurs when, during an international armed conflict, an individual or group seizes, detains, or otherwise holds one or more people against their will. The perpetrators then threaten to kill, injure, or continue detaining these victims with the explicit purpose of forcing a state, an international organization, or other individuals to take a specific action or refrain from acting, as a condition for the victims' safety or release. The victims in such cases must be individuals protected by the Geneva Conventions of 1949, such as civilians, prisoners of war, or wounded soldiers.

Here are some examples illustrating the taking of hostages:

• Example 1: Coercing a Foreign Government

  During an international conflict, a non-state armed group captures several foreign aid workers operating in a contested zone. They then issue a public statement demanding that the aid workers' home government immediately release certain political prisoners held in their country, threatening to execute the aid workers if their demands are not met within 48 hours.

  This illustrates the taking of hostages because: The foreign aid workers (civilians, protected persons) are seized and detained. Their captors threaten harm (execution) to compel a state (the aid workers' home government) to act (release prisoners) as a condition for the victims' safety, all within the context of an international armed conflict.

• Example 2: Influencing Military Operations

  In an ongoing international war, a military unit captures a group of enemy soldiers who have surrendered and are now considered prisoners of war. The capturing unit then broadcasts a message to the opposing army, stating that these prisoners will not be exchanged or released until the opposing forces halt their advance on a strategically vital city.

  This illustrates the taking of hostages because: The captured enemy soldiers (prisoners of war, protected persons) are detained. Their captors threaten their continued detention to compel another state's military (the opposing army) to refrain from acting (halt their advance) as a condition for the prisoners' release, occurring within an international armed conflict.

• Example 3: Demanding Resources from an International Body

  Following an invasion and occupation, a military force detains several local engineers and technicians responsible for maintaining critical infrastructure. They then inform an international humanitarian organization that these individuals will remain imprisoned, and their well-being cannot be guaranteed, unless the organization immediately delivers a large shipment of specific medical supplies and fuel to the occupying forces.

  This illustrates the taking of hostages because: The engineers and technicians (civilians, protected persons in an occupied territory) are seized and detained. The occupying force threatens their continued detention and safety to compel an international organization to act (deliver supplies) as a condition for the victims' release, all within the context of an international armed conflict.