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Old 25th Jan 2003, 21:18
  #27 (permalink)  
ORAC
Ecce Homo! Loquitur...
 
Join Date: Jul 2000
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PeterJ, you do not understand the Geneva Convention, the protocols or their applicability. Stop being patronising, and stick to things you understand.

War crimes are divided into three categories.

a) Crimes against Peace. Initiation of invasions of other countries and wars of aggression in violation of international laws and treaties.

b) War Crimes. Atrocities or offences against persons or property including, but not limited to, murder or ill treatment of prisoners of war or persons on the seas, the killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity.

c) Crimes against Humanity. Atrocities and offences, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, rape, or other inhumane acts committed against any civilian population.

Those liable for indictment under category A are the heads of state and their cabinets, ministers of the armed forces and the senior military leadership of the offending nation. Under this category, "I was only obeying orders" is acceptable - which is why every member of the German armed forces wasn't tried at Nurenberg.

All members of the armed forces are liable for indictment under categories B & C. Which is why you will find many lawyers present in a military HQ to judge the acceptability of a target and advise on themes such as proportionality.

I assure you that, at the AHQ level, I was well aware of the legal and ethical implications of my decisions. I think you will find that those in the military are as much concerned as anyone else, and perhaps more so. But, where it is legal, they also have a duty to obey.

Last edited by ORAC; 25th Jan 2003 at 23:28.
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