NationStates Jolt Archive


Draft:Convention on ethical warfare

Faranya
18-02-2009, 21:58
Before I start, I just would like to say, hello, I'm new :D
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Convention on Ethical Warfare
Human Rights
Strength: Strong

Preamble: In recognition of the basic human worth, and the value contained therein, it is right to establish a code of ethical conduct for soldiers in warfare. Whereas war is in some cases a necessary action, there are certain limitations to be reasonably extended on military action.

Section 1: The Conventions of an International Conflict
a) An international conflict is defined as a conflict between the army of one nation and the army of a second nation, or as the conflict between the army of one occupying nation and the irregular resistance force of the occupied nation
b) Any standing army engaged in a conflict with an enemy army is bound to target only enemy soldiers, and only infrastructure being used for a military purpose.
c) Military targets should not contain disproportionate numbers of potential civilian casualties to the military advantage of the attack.
d) Psychological, chemical, biological, or nuclear warfare should not be committed against civilian populations, or ares containing high concentrations of civilians.
e) In attacks carried out on military targets in civilian areas, only conventional explosives and arms are to be employed.
f) At no point is it permissible to carry out attacks on medical workers, or otherwise specifically attacking wounded soldiers.
g) All enemy soldiers must be treated with respect to WA resolution 18, The Prisoners of War Accord, and resolution 9, Prevention of Torture, so long as those resolutions are in effect
h) It is necessary to provide, or allow to be provided, humanitarian aid to enemy civilian populations.
i) Any ruler whose military guilty of violating any of the above terms will be obligated to apply appropriate justice on those responsible for the crimes.

Section 2: Conventions of a Civil conflict
a) A civil conflict is defined as the conflict between the governing body of one nation and a rebellious faction or seceding government of that nation.
b) All conventions of Section 1 apply equally to Section 2.
c) Upon cessation of hostilities, no nation is permitted to continue in domestic retribution against those who fought against it.
d) Rebellious soldiers will be treated in accordance to resolution 18, The Prisoners of War Accord, and resolution 9, Prevention of Torture, not under the laws of the nation, so long as those resolutions are in effect
e) Exception to article c, when the rebellious soldier's actions were not in relation to the war, they were not acting as soldiers, and will be subject to the laws of their nation.

Section 3: Mercenaries
a) A Mercenary is defined as a soldier who, regardless of national affiliation, fights as a soldier in any army with an agreement, specific or implied, of monetary restitution for said service beyond that restitution to be paid to regular soldiers.
b) It is not permissible for any nation's active military in a conflict to consist of a number of mercenaries greater than one in ten.
c) Mercenaries are not to be placed in charge of occupied civilians.
d) Any violation of this convention by a Mercenary will be held as a violation by both the individual Mercenary and the governing body that hired said Mercenary.
Rutianas
19-02-2009, 03:43
Two points.

First,

g) All enemy soldiers must be treated with respect to WA resolution 18, The Prisoners of War Accord, and resolution 9, Prevention of Torture, so long as those resolutions are in effect

This makes your entire proposal illegal. Don't reference any previous resolutions in yours. Even with the final clause, it still would be problematic.

Second, the entire Section 3 may cause some issues as there is at least one nation within the WA who is a Mercenary Camp. They would immediately be in violation and unable to comply due to their very nature. Best to leave Mercenaries out of it, or just state that the Mercenary who is in violation will be in as much trouble as the nation, if the Mercenary comes from a WA nation. Since non-WA nations aren't bound by WA laws, a WA nation could potentially hire mercenaries that come from outside the WA reach. If the Mercenary then commits an act that is against this resolution, there's really not a damned thing the WA could do. The Mercenary isn't bound by WA laws.

What I would do is not determine how many mercenaries can be hired, but make it clear that the nation is responsible for mercenary actions. Not the mercenary. The nation who hired them.

I'll have to review the rest of it at a later date. Those were just two things that jumped out at me on first glance.

Paula Jenner