Practice Relating to Rule 156. Definition of War Crimes
In 2004, in the Recao case, the Constitutional Chamber of Venezuela’s Supreme Tribunal of Justice was called upon to decide on an appeal against the judgment of the Court Martial, which dismissed the constitutional complaint of the defendant regarding the failure of the Military Prosecutor to request the termination of the proceedings. The tribunal held:
War crimes, which were first defined in the Charter of the International Military Tribunal of Nuremberg of 8 August 1945 [1945 IMT Charter (Nuremberg)], are not always connected to the offence of military rebellion.
These crimes, according to the  Rome Statute of the International Criminal Court, must be committed as part of a plan or policy or on a large-scale and, broadly speaking, refer to various acts against persons and objects that include: grave breaches of the Geneva Conventions of 12 August 1949 or other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, in the case of international armed conflicts; or serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, among others, in the case of an armed conflict not of an international character, and not including situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. …
These war crimes can initiate with a military rebellion but this does not mean that every military rebellion … will result in … a war crime. Thus, it cannot be said that a military rebellion is always an offence connected with war crimes.
[emphasis in original]