Any time a state uses armed force against another state (and sometimes against other entities), there is a war in which there can be war crimes.
> There is no declaration of war
War is war whether or not it is formally declared. (And the Trump Administration has described that it is fighting a war against Venezuela for months, though it has characterized Venezuela as the aggressor.) This was, among other things, the explicit premise of the invocation of the Alien Enemies Act months ago.
> and no approval of Congress.
That might arguably make any war also a violation of domestic law, but from the standpoint of international law it isn’t particularly a meaningful argument against their being a war.
> The ICC classified these strikes as crimes against humanity.
No, an individual who used to be a prosecutor with the ICC, acting as a private individual, described them that way.
Any time a state uses armed force against another state (and sometimes against other entities), there is a war in which there can be war crimes.
> There is no declaration of war
War is war whether or not it is formally declared. (And the Trump Administration has described that it is fighting a war against Venezuela for months, though it has characterized Venezuela as the aggressor.) This was, among other things, the explicit premise of the invocation of the Alien Enemies Act months ago.
> and no approval of Congress.
That might arguably make any war also a violation of domestic law, but from the standpoint of international law it isn’t particularly a meaningful argument against their being a war.
> The ICC classified these strikes as crimes against humanity.
No, an individual who used to be a prosecutor with the ICC, acting as a private individual, described them that way.