NationStates Jolt Archive


War Crimes A Definition: OOC:

Whittier-
31-07-2004, 06:20
Use of Nuclear Weapons:
In 1994, several NGOs opposed to the use of nuclear weapons convinced a majority of the United Nations General Assembly to ask the International Court of Justice at The Hague for an advisory opinion on the legality of nuclear weapons and their use. Under the UN Charter, the General Assembly is authorized to request such an opinion from the court on any legal question. (The United States opposed adoption of the resolution but was outvoted.) The court’s opinion, delivered on July 8, 1996, illustrates how deeply divided the international legal community is on this issue. The fourteen judges then sitting on the court split evenly on whether nuclear weapons could ever be lawfully used in accordance with the laws of war. In that situation, the president of the court is allowed to cast a second vote to break the tie. By this procedure, the court gave the General Assembly the following ambiguous advice:

“[T]he threat or use of nuclear weapons would generally be contrary
to the rules of international law applicable in armed conflict, and in
particular the principles and rules of humanitarian law;

“However, in view of the current state of international law, and of the elements of fact at its disposal, the Court cannot conclude definitively whether the threat or use of nuclear weapons would be lawful or unlaw- ful in an extreme circumstance of self-defense, in which the very survival of a State would be at stake.”


Biological Weapons
The Biological Weapons Convention (BWC), which entered into force in 1975, bans the research, development, production, stockpiling, or acquisition of biological and toxic weapons. The convention similarly bans delivery systems specifically designed for such weapons. While the BWC deals only with possession of these weapons, first use in warfare was banned by the 1925 Geneva Protocol (which also dealt with the use of chemical weapons). This protocol was itself derived from an ancient customary law of war restricting the use of “poisonous” weapons or substances in armed conflict that had first been codified in the Hague Conventions of 1899 and 1907. To date 149 countries have joined the BWC.

The BWC contains no provision for monitoring, but there is a nonbinding “confidence-building” regime under which States may make declarations about their facilities that handle highly pathogenic organisms and give lists of publications which deal with them. Although a group of treaty members has begun drafting a legally binding protocol for verification, I and others with field experience believe that it is not possible to have a global measure that can work with any degree of confidence. It is more likely to give a sense of false security, which may be worse than the existing situation.


Acts of War:
The term act of aggression has to all intents and purposes subsumed the legal term act of war and made it irrelevant, although act of war is still used rhetorically by States that feel threatened. The People's Republic of China stated in 1997 that any attempt by the Republic of China (Taiwan) to declare independence would be regarded as an act of war; and in August 1998, the U.S. Secretary of State, Madeleine Albright, said Osama bin Laden, the reputed mastermind of truck-bomb attacks on two U.S. embassies in Africa, had "declared war on the United States and struck first." In the domestic law of many States, act of war is also used in some contexts, such as insurance and reparations claims, to refer to any use of force in any armed conflict.
An act of war in the traditional and historical sense was understood to mean any act by a State that would effectively terminate the normal international law of peacetime and activate the international law of war. The decision was invariably that of the target State and was generally preceded by a statement warning that certain acts would be considered acts of war and would trigger hostilities. Belligerent and neutral States also used the term. Belligerents would interpret as acts of war any action that seemed to assist the enemy; neutrals, any infringement of their neutrality.
Second, the definition offers an illustrative list of acts of aggression: invasion, attack, or occupation of whatever duration; bombardment; blockade; attack on another State's armed forces; unauthorized use of military forces stationed in a foreign State; allowing territory to be used for aggression; and sending armed bands or similar groups to carry out aggression or substantial involvement therein.

Acts of aggression such as these trigger the two key lawful uses of force mentioned in the charter: (a) individual or collective self-defense; and (b) force approved by the UN itself. Thus, the Iraqi invasion of Kuwait triggered the right of Kuwait and its allies to engage in self-defense, as well as the right of the UN to approve the use of force against Iraq under Chapter VII.


Naval Blockade of a nation:
Under the traditional concept of blockade, a belligerent was entitled to proclaim a blockade of all or part of the enemy’s coast and to use warships to enforce that blockade. There was no legal obligation to comply with a blockade, but any merchant ship, whether belligerent or neutral, that was intercepted by the blockading State while attempting to run the blockade was liable to capture. Following the decision of a prize court, ship and cargo became the property of the blockading power. The traditional concept of the blockade was confined, therefore, to the law of naval warfare. Blockade today is a technical legal term that most people, including lawyers, use without much precision to describe a variety of conduct beyond maritime operations.
In order to be lawful, a naval blockade had to be formally declared and had to be effective, that is to say it had to be properly enforced by warships of the blockading State. At one time this meant stationing warships just off the coast of the State that was subject to blockade, but by the time of the two World Wars, blockades were often administered from a long distance. An effective blockade allowed a belligerent to cut off all maritime commerce between its enemy and the rest of the world. The purpose was not only to prevent goods from reaching the enemy (to a large extent that could be done without a blockade in any event) but also to prevent the enemy from exporting to the outside world and thereby sustaining its war economy.

Carpet Bombing
An explicit ban on area bombardment was first codified in the 1977 Additional Protocol I, which applies to bombardments of cities, towns, villages, or other areas containing a concentration of civilians. An attack by bombardment by any methods or means that treats as a single military objective a number of clearly separated and distinct military objectives is considered to be an indiscriminate attack and is prohibited. Launching such an attack in the knowledge that it will cause excessive loss of life, injury to civilians, or damage to civilian objects is considered a grave breach. Bombarding areas containing solely military targets is permitted. Important powers such as the United States, which are not party to Protocol I, accept this principle as binding customary international law.
the Protocol’s wording makes it clear that attacks targeting cities as such are prohibited

Civilian Immunity
The civilian population enjoys immunity insofar as it shall "enjoy general protection against dangers arising from military operations" and "shall not be the object of attack." The Protocol prohibits actions whose primary purpose is to spread terror among the civilian population. It also prohibits so called indiscriminate attacks, thereby obliging each party to an armed conflict under all circumstances to distinguish at all times between the combatants and military objectives, and civilians or civilian objects.


Targeting of Civilians:
The direct targeting of civilians is a breach of the laws of armed conflict. “The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited,” states Additional Protocol I of 1977. Israel has not ratified Protocol I, but this provision, prohibiting direct attacks on civilians, is generally recognized as customary law, universally applicable regardless of ratification.
Displacement of civilians is permitted under the laws of war if it is for their own protection or required for imperative military reasons.
They also prohibit: acts or threats of violence, the primary purpose of which is to spread terror among the civilian population; attacks which may be expected to cause incidental loss of civilian life, injury to civilians; damage to civilian objects or a combination thereof, which would be excessive in relation to the concrete and direct
military advantage anticipated; and attacks by bombardment by any methods or means which treat as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or area containing a similar concentration of civilians or civilian objects.


Collataral Damage;
Collateral or incidental damage occurs when attacks targeted at military objectives cause civilian casualties and damage to civilian objects. It often occurs if military objectives such as military equipment or soldiers are situated in cities or villages or close to civilians. Attacks that are expected to cause collateral damage are not prohibited per se, but the laws of armed conflict restrict indiscriminate attacks.
in an international conflict, "constant care shall be taken to spare the civilian population, civilians, and civilian objects." In addition, under Article 51, carpet bombing is prohibited, as are attacks that employ methods and means of combat whose effects cannot be controlled. Finally, attacks are prohibited if the collateral damage expected from any attack is not proportional to the military advantage anticipated.


Command Responsibility:
a military commander is liable for crimes that he "knew or should have known" about under circumstances at the time, and only for those crimes committed by forces under his "effective command and control." He is liable if he "failed to take all necessary and reasonable measures" to prevent and repress such crimes that subordinates "were committing or about to commit" or for failing to report such crimes to proper authorities.

Crimes against humanity:
Crimes against humanity: murder, extermination, enslavement, deportation, and other inhumane acts committed against civilian populations, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.

Evacuation of civilians from a combat zone:
The law actually places the burden of protecting civilians most heavily on the force that has some real control over the civilians. Thus, while an attacking force can not deliberately target civilians, neither can a defending force use civilians as some sort of a shield against legitimate attacks.

Hospitals:
Hospitals, of course, enjoy a special protected status under international humanitarian law. It is a war crime deliberately to attack a hospital or other medical unit, whether civilian or military. It is also unlawful to use a hospital in direct support of a military operation—to convert one wing of the hospital into an ammo dump, for example. (Indeed, hospitals that are misused in this manner lose their legal protection.) Medical personnel in general may not be attacked; but at the same time it is unlawful to use medical facilities, or related equipment such as ambulances, as camouflage or protection for military personnel, or as a shield for military forces.

Illegal Acts:
Illegal acts include: use of prohibited means and methods of warfare, including poison or other weapons calculated to cause unnecessary suffering; perfidious attacks not involving the abuse of protective emblems or emblems or uniforms of neutral countries; failure to wear a uniform to identify oneself as a legal combatant; pillage; terrorism; interference with humanitarian aid shipments; nonextensive, unjustified destruction of property; attack or bombardment of undefended towns, dwellings, or buildings; seizure of or willful damage done to certain cultural institutions, e.g., those dedicated to religion, education, charity, arts, sciences, or historic monuments and works of art; reprisals against protected persons or objects; and any breach of an armistice.

Immunity from attack:
The absolute rule is that civilians must not be directly targeted for military attack. Furthermore, some individuals considered especially vulnerable —children under fifteen, the elderly, pregnant women, and mothers of children under seven—are granted special protection and may, for example, be moved to safe zones exempt from attack by agreement of the warring parties. The wounded, sick, or shipwrecked, military personnel who are considered to be hors de combat, are protected, as are prisoners of war.

Indiscriminate attacks are illegal:
Types of Indiscriminate Attack

1. An attack that is not targeted at military objectives. (Damage to civilian property that is actually intended is known as wanton destruction, especially if it is wide-scale.)

2. Use of weapons that are not able to be properly targeted.

3. Use of weapons that have uncontrollable effects.

4. An attack that treats an area with similar concentrations of military and civilian objectives as a single military objective.

5. An attack that may be expected to cause harm to civilians or civilian objectives in excess of the concrete and direct military advantage anticipated.

Legitimate Targets:
Legitimate military targets include: armed forces and persons who take part in the fighting; positions or installations occupied by armed forces as well as objectives that are directly contested in battle; military installations such as barracks, war ministries, munitions or fuel dumps, storage yards for vehicles, airfields, rocket launch ramps, and naval bases.

Legitimate infrastructure targets include lines and means of communication, command, and control—railway lines, roads, bridges, tunnels, and canals—that are of fundamental military importance.

Legitimate communications targets include broadcasting and television stations, and telephone and telegraph exchanges of fundamental military importance.

Legitimate military-industrial targets include factories producing arms, transport, and communications equipment for the military; metallurgical, engineering, and chemicals industries whose nature or purpose is essentially military; and the storage and transport installations serving such industries.

Legitimate military research targets include experimental research centers for the development of weapons and war matériel.

Legitimate energy targets include installations providing energy mainly for national defense, such as coal and other fuels, and plants producing gas or electricity mainly for military consumption. Attacks on nuclear power stations and hydroelectric dams are generally, but not always, prohibited by the laws of war.
Communist Mississippi
31-07-2004, 06:30
Occ- Foreign Minister Paul Stahlecker will remember to print a copy and use it as toilet paper.
Whittier-
31-07-2004, 06:33
Military Necessity:
The concept of military necessity acknowledges that even under the laws of war, winning the war or battle is a legitimate consideration, though it must be put alongside other considerations of IHL.

It would be overly simplistic to say that military necessity gives armed forces a free hand to take action that would otherwise be impermissible, for it is always balanced against other humanitarian requirements of IHL. There are three constraints upon the free exercise of military necessity. First, any attack must be intended and tend toward the military defeat of the enemy; attacks not so intended cannot be justified by military necessity because they would have no military purpose. Second, even an attack aimed at the military weakening of the enemy must not cause harm to civilians or civilian objects that is excessive in relation to the concrete and direct military advantage anticipated. Third, military necessity cannot justify violation of the other rules of IHL.

Pillaging:
The pillage of a town or place, even when taken by assault, is prohibited.
Requisitioning—the taking of “necessities” from a population for the use of an army of occupation—is legal, however. Requisitioning must be ordered by the local commander, must be proportionate to what the area can provide, must take the needs of the population into account, and should be of such a nature as not to require the population to take part in military operations against their own country. Requisitioned goods shall “as far as possible, be paid for in ready money; if not, their receipt shall be acknowledged.” However, goods possessed by the enemy’s armed forces are “subject to the laws and customs of war,” that is, they may be seized as booty.

Wanton Destruction of Civilian Property:
The laws of armed conflict permit the deliberate destruction of property under certain circumstances. Article 52 of the 1977 Additional Protocol I to the Geneva Conventions sanctions such attacks, but only on “those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.” This provision addresses the situation of military forces making a direct attack on civilian objects and property for the purpose of destroying it.
Under the laws of armed conflict, civilian property may not be targeted as such, simply for the sake of destroying it. It must constitute a legitimate military target or military objective. Its destruction must be required by military necessity. A party to a conflict may damage or destroy civilian property only if damage would not be excessive compared to the military advantage to be gained. This prohibition was stated in the 1907 Hague Conventions and is now viewed as part of customary law. Destruction or seizure of property is prohibited unless it is “imperatively demanded by the necessities of war.” The 1977 Additional Protocol I to the Geneva Conventions states explicitly that “civilian objects shall not be the object of attack or reprisals, and objects or installations ordinarily of civilian use are presumed to be civilian unless determined to be otherwise.” The 1998 Rome Statute for the International Criminal Court lists “extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly” as a grave breach.

Law of Proportionality;
attacks are prohibited if they cause incidental loss of civilian life, injury to civilians, or damage to civilian objects that is excessive in relation to the anticipated concrete and direct military advantage of the attack. This creates a permanent obligation for military commanders to consider the results of the attack compared to the advantage anticipated. The target list has to be continuously updated as the conflict develops with special attention given to the safe movement of civilians.


Safe Zones:
Areas that may not be attacked:
Safety zones is an unofficial term covering a wide variety of attempts to declare certain areas off-limits for military targeting. The Fourth Geneva Convention of 1949 and Additional Protocol I provide for three main types: hospital zones, neutralized zones, and demilitarized zones. These treaty arrangements require consent between belligerents, depend on complete demilitarization, and do not specify any arrangements for defending the areas. They have been used only occasionally.
Such areas have been variously called "corridors of tranquillity," "humanitarian corridors," "neutral zones," "protected areas," "safe areas," "safe havens," "secure humanitarian areas," "security corridors," and "security zones." Two motivations have been the safety of refugees and the prevention of massive new refugee flows.

Torture:
Torture is specifically prohibited in armed conflict, whether international or internal, whether used against soldiers who have laid down their arms, civilians, or even common criminals. The prohibition exists in customary law and in treaties.
“violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture” as well as “outrages upon personal dignity, in particular humiliating and degrading treatment” are banned under any circumstances.

Wanton Destruction:
The laws of war state that an attacker must attempt to distinguish between military targets and civilians and their property. If he does not, he is guilty of the war crime of indiscriminate attack. If the attack also results in extensive, unnecessary, and willful damage then he is also guilty of wanton destruction. Proportionality is everything. The laws recognize that a legitimate military operation can kill noncombatants or damage their property. But any damage must not be excessive in comparison to the direct and concrete military advantage anticipated.
Red Tide2
31-07-2004, 06:36
OOC:JESUS! Im glad I am not part of the UN
Belem
31-07-2004, 06:37
OOC:JESUS! Im glad I am not part of the UN


OOC: ditto! *goes back to polishing his nice stock of Biological and chemical warheads*
Canan
31-07-2004, 06:38
Whittier, I think this has just made my case.
Communist Mississippi
31-07-2004, 06:38
OOC:JESUS! Im glad I am not part of the UN


Occ- Newsflash, the UN stinks, a lot. They're a bunch of bleeding heart liberals and know-nothing do-gooders.
Whittier-
31-07-2004, 06:45
Whittier, I think this has just made my case.
We'll also be using it on Hataria, Parthians, and Nicolas the Great.
Communist Mississippi
31-07-2004, 06:46
Before engaging in any attack, commanders of the offensive unit must take precautionary steps to evacuate civilians from the area. Those failing to do so, can be tried for war crimes. Special Ops or other operations necessary for speeding up the reestablishment of peace are exempted. But reasonable efforts to evacuate civilians must be taken.





Yeah, tell the enemy, "Hey, move all your civilians out of this section of this city, no, we're not about to attack, don't move reinforcements in. Don't call in helicopters to be on station."

Get real!

This is a joke. The people being attacked by CM forces receive about a 30-60 second warning as they hear the artillery shells flying in at them. That is plenty of time to get into a basement or maybe tuck your head between your legs and kiss you a-- goodbye. :)


Also about POWs.

http://forums2.jolt.co.uk/showthread.php?t=341353&page=6

http://forums2.jolt.co.uk/showthread.php?t=341353&page=7&pp=15
Red Tide2
31-07-2004, 06:47
OOC:Check up and see if they are in the UN. Are they? If any of them arnt then they dont follow UN law. You cant really make a case agianst someone about not following UN law if they ARE NOT IN THE UN!
Whittier-
31-07-2004, 06:50
OOC:Check up and see if they are in the UN. Are they? If any of them arnt then they dont follow UN law. You cant really make a case agianst someone about not following UN law if they ARE NOT IN THE UN!
OOC: We are not talking UN law, we are talking about common international laws of war that have been around for centuries, before there even was a UN.
Belem
31-07-2004, 06:52
OOC: no cleary they have only be around for 60-80 years tops in the oldest ones. For centuries there were no rules to war.

And theres no need for an NS nation to actually follow those rules
Whittier-
31-07-2004, 06:54
OOC: no cleary they have only be around for 60-80 years tops in the oldest ones. For centuries there were no rules to war.

And theres no need for an NS nation to actually follow those rules
Well if they are being tried by the International War Crimes Tribunal, they have no choice cause if they don't we'll gang up on them. That's because by voluntarily submitting the Tribunal, they voluntarily submit to these laws.
;)
Belem
31-07-2004, 06:58
OOC: and therein lies the problem voluntarily submitting to things that weaken you.
Red Tide2
31-07-2004, 06:59
OOC:Bleh... I am glad my nation has not signed ANY of these treaties.
Whittier-
31-07-2004, 07:09
OOC:Bleh... I am glad my nation has not signed ANY of these treaties.
OOC: Considers for a moment whether to invade Red Tide 2 just to force him to sign the treaties.
:)
Celdrone
31-07-2004, 07:17
Tag
Whittier-
31-07-2004, 07:22
FYI:
IHL=International Humanitarian Law
Axis Nova
31-07-2004, 07:59
Axis Nova reserves the right to take action as neccesary to defeat an opponent in a war. We will not submit ourselves to these laws, but we will take them under advisement.

Axis Nova State Department

(OOC: In other words, Axis Nova will try to avoid civilian casualties when possible... but if an enemy of ours decided to put their main supply depot in the middle of a major city or something, that's just tough luck for the civilians.)
Whittier-
31-07-2004, 08:04
Axis Nova reserves the right to take action as neccesary to defeat an opponent in a war. We will not submit ourselves to these laws, but we will take them under advisement.

Axis Nova State Department

(OOC: In other words, Axis Nova will try to avoid civilian casualties when possible... but if an enemy of ours decided to put their main supply depot in the middle of a major city or something, that's just tough luck for the civilians.)
couldn't you just use a smart bomb and target only the depot and not the surrounding area?
or does your nation only use "dumb" bombs?
Axis Nova
31-07-2004, 08:09
couldn't you just use a smart bomb and target only the depot and not the surrounding area?
or does your nation only use "dumb" bombs?


OOC: Smart bombs can be used if possible, but if the only way to take out the depot is to blow the whole thing to heck, then we will.

Heck, in a war situation we'd probably just fly a fleet of airships over the city, engage the defense forces, and rain cannon shells down on all relevant facilities. We do have ground attack UAVs, however.

If Axis Nova can take out someplace without putting our forces at unneccesary risk, we will. If we need to take it out and that requires a brute force strategy, we'll do that too.

Axis Nova
Western Asia
31-07-2004, 08:38
OOC: no cleary they have only be around for 60-80 years tops in the oldest ones. For centuries there were no rules to war.

True about the age of the above posted laws...they were only formalized and collected in the Geneva Conventions (after WWI) or in following the example of the GC...but they are not the first rules of war. There were other documents similar to the GC in existance before WWI that made protections of similar sorts (although WMDs were not included or even really considered then) and which ensured a "Gentleman's War." Before "modern" europe (ie, pre-mid 1800s), battles involving firepower were often somewhat comical affairs...lines of men would stand and kneel across from each other (attempting to gain no cover) and would open fire...whoever had the most men left after a while won. The American Revolutionary war ripped that ideal of angloeuropean warfare to shreds* since the American revolutionaries often hid in trees and operated a hit-and-run style of warfare that regimented british troops were initially unable to counter.

Before riflemen, however, for literally millennia, it was not unusual for commanders of armies to meet before a battle (usually between the arrayed armies) to discuss the terms of warfare and to make deals in an attempt to prevent the battle (read the Iliad...see it, do NOT see the movie Troy)...or to settle the battle with the combat of the champions of the armies (read about David and Goliath...)...there was a long history in feudal Europe of nobility meeting before a battle to discuss the terms of war and to agree upon the spoils that would be gained by the victor in a skirmish. There is a long history of men preferring some form of order in a battle...although there are also many cases where men maintained no such restraints.

*- the Europeans have had a bad history of failing to maintain such formalities with "natives" and other colonial subjects...who were often shot and generally treated as sub-human...but "among equals" there was almost always some communication on the limits of warfare. [/history lesson]
Western Asia
31-07-2004, 08:58
Smart bombs aren't always that smart... They may fail, and they can be fooled.
For example, the Chinese Bodyguard (http://www.sinodefence.com/c4i/ew/bodyguard.asp) EW-system is designed to counter laser guided missiles/bombs.

Which could work great...if they don't end up like the Russian "GPS jammers" in Iraq that were targeted and destroyed...by GPS-guided bombs. The only real way to test these technologies is when they face real combat...and a lot of the ex-second world countries now-third world countries that are trying to build back up to 1st-world standards (Soviet Bloc, China, North Korea, Vietnam, etc.) are very eager to make people think they're more powerful than they might well be. North Korea, for one, has spent most of its economy and national wealth trying to create a decent military...and failing...although they're still trying to develop ICBMs and nuclear weapons (more than a half-century after the US and USSR managed to do both) in order to convince the world that they're a serious threat...and a significant nation on the world stage. Russia's military is in shambles...Cold War era tanks and equipment designed to last about 2 hours-2 days in battle (if that) have not faced NATO but time...and time has won. Russia continues to make new, advanced tank designs...but not to field the advanced systems (even though they are widely spread and popular on NS)...and none of these systems really has faced much testing in the real world.

The Soviet MBTs of the 50s, 60s, and 70s (and aircraft of those times, as well) in the hands of the Arab powers were put to shame by older, "outdated" systems in the hands of the Israelis...time and time again. Somethings worked, like the new Radars and SAMs that shocked the IAF in 1973...until new tactics were developed within a few days that neutralized or minimized the threat. "Unbeatable" machines have been destroyed by single infantrymen and "shoddy" units have lasted withering fire and have so proven an unexpected durability...but in any case, this was done in battle.

So, if there's any advice to give the "my toys will protect me crowd" it's "look back" because the indicators are in past performance...not the Pentagon's latest media-pleasing/teasing news release.
Rotovia
31-07-2004, 13:12
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