War Crimes
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War Crimes
Just a hypothetical one for all the "lawyers" out there...
The scenario;
A person is a member of the armed forces of a country that attacked another. In a military action that was subsequently shown to be illegal in international law (as discussed previously in another thread), that person carried out their duties as ordered.
The question;
Would the order to take part in offensive action be an "illegal" one, and could the person later be tried for "war crimes"?
Not me being bolshie, just curious to see what a discussion would throw up!!!!!!
The scenario;
A person is a member of the armed forces of a country that attacked another. In a military action that was subsequently shown to be illegal in international law (as discussed previously in another thread), that person carried out their duties as ordered.
The question;
Would the order to take part in offensive action be an "illegal" one, and could the person later be tried for "war crimes"?
Not me being bolshie, just curious to see what a discussion would throw up!!!!!!
Ecce Homo! Loquitur...
War crimes are violations by a country, its civilians, or its military personnel of the international laws of war. The laws of war are laws that must be obeyed by the military. The laws are contained in the Geneva Convention. They are also reflected in what is called customary international law. This law has arisen over hundreds if not thousands of years. All countries must obey it.
At the end of WWII, War crimes were divided into three broad categories.
a) Crimes against Peace. Initiation of invasions of other countries and wars of aggression in violation of international laws and treaties, including but not limited to planning, preparation, initiation or waging a war of aggression, or a war in violation of international treaties, agreements, or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing.
b) War Crimes. Atrocities or offences against persons or property, constituting violations of the laws or customs of war, including but not limited to, murder, ill treatment or deportation to slave labour or for any other purpose of civilian population from occupied territory, murder or ill treatment of prisoners of war or persons on the seas, 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, or persecutions on political, racial or religious grounds whether or not in violation of the domestic laws of the country where perpetrated. . . .
Your question concerns the first category. Those tried under the first category are normally the heads of state and their cabinets, ministers of the armed forces and the senior military leadership of the offending nation.
Anybody can, and should, be tried for crimes in categories 2 and 3.
A lot of information can be found at the International Law of War Association
At the end of WWII, War crimes were divided into three broad categories.
a) Crimes against Peace. Initiation of invasions of other countries and wars of aggression in violation of international laws and treaties, including but not limited to planning, preparation, initiation or waging a war of aggression, or a war in violation of international treaties, agreements, or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing.
b) War Crimes. Atrocities or offences against persons or property, constituting violations of the laws or customs of war, including but not limited to, murder, ill treatment or deportation to slave labour or for any other purpose of civilian population from occupied territory, murder or ill treatment of prisoners of war or persons on the seas, 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, or persecutions on political, racial or religious grounds whether or not in violation of the domestic laws of the country where perpetrated. . . .
Your question concerns the first category. Those tried under the first category are normally the heads of state and their cabinets, ministers of the armed forces and the senior military leadership of the offending nation.
Anybody can, and should, be tried for crimes in categories 2 and 3.
A lot of information can be found at the International Law of War Association
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war crimes
does war have to be formally declared in order for a crime to be declared a war crime? im guessing that it doesnt or slobodan wouldnt be on trial. but since 1945 the uk has taken part in three wars, korea ,falklands and gulf without a formal declaration of war. have declarations of war gone out of fashion?
Ecce Homo! Loquitur...
I have a list somewhere of the conflicts we've (UK) taken part in since WWII. Borneo, Malaysia, Oman etc. It's in the dozens. If you include peace keeping operations, it's over 60.
