A war crime is an unjust act of violence in which a military personnel violates the laws and acceptable behaviors of a war. Despite all the violence in a war, a soldier shooting another is not considered a war crime because it is not a violation to the laws and practices of a war, and it is considered just. A war crime is defined as a “violations [violation] of the laws and customs of war” (“War Crimes”), and are attacks “against civilian populations, prisoners of war, or in some cases enemy soldiers in the field” (Friedman). War crimes are typically committed with weapons or by uncommon, cruel, devastating military methods and are “…Committed primarily by military personnel” (Friedman). There are many different types of war crimes one can commit, including “murder, ill treatment…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” (Friedman). Originally constructed as international law by the London Charter on August 8th, 1945 and further developed by the Hague Conventions of 1899, 1907 and the Nuremberg trials, war crimes are aggressive, unacceptable and unjust actions performed by military workforce that occur during a war.
There are many different types of war crimes military personnel can commit. Some examples include murder, medical experiments, crimes against whole civilian population members and crimes against war prisoners. A general war crime is a crime “in which both civilians and prisoners of war were victims” (“War Crimes”). The general offenses of war crimes include crimes against peace and crimes against humanity. The broadest definition of...
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...itia leader and fugitive from justice dubbed "The Terminator"” (“Congo”). Ntaganda created the M23 rebels and “ordered fighters to shoot and behead civilians, rape women and recruit child soldiers, the international criminal court (ICC) was told” (“Congo”). Ntaganda has been charged with committing war crimes against civilian populations; his purpose in “…persecuted [persecuting] civilians on ethnic grounds… murder [murdering], rape [raping], sexual enslavement [sexually enslaving] and pillaging... [And having] victims…killed by bullets, by arrows, [and] by nail-studded sticks,” (“Congo”), was to gain territory for his M23 rebel group. Although most war crimes are only well known if they are in massive wars, such as the World War II war crimes, there are still war crimes going on every day, such as the crimes committed by Bosco Ntaganda who was tried February 2014.
“Never think that war, no matter how necessary, nor how justified, is not a crime.” As depicted in the quote by Ernest Hemingway war is a difficult situation in which the traditional boundaries of moral ethics are tested. History is filled with unjust wars and for centuries war was not though in terms of morality. Saint Augustine, however, offered a theory detailing when war is morally permissible. The theory offers moral justifications for war as expressed in jus ad bellum (conditions for going to war) and in jus in bello (conditions within warfare).The theory places restrictions on the causes of war as well as the actions permitted throughout. Within early Christianity, the theory was used to validate crusades as morally permissible avoiding conflict with religious views. Based on the qualifications of the Just War Theory few wars have been deemed as morally acceptable, but none have notably met all the requirements. Throughout the paper I will apply Just War Theory in terms of World War II as well as other wars that depict the ideals presented by Saint Augustine.
The Bosnian Serb military are the ones who started and committed the Bosnian genocide and other crimes against humanity. The ICTY charged over 160 individuals for crimes they have committed during the conflict in Yugoslavia.
Morality is hard to define, and nearly impossible to agree upon; however, when it comes to war, there is a single “widely accepted moral theory” that reaches beyond borders . Just war theory, a doctrine originally attributed to the Christian theologian Saint Augustine , postulates that certain circumstances can lead to the justification of war, particularly if war is used to prevent even greater atrocities from occurring in the future. In its fundamental charter, the United Nations even articulates that every state has the right to go to war in its charter. In its broadest definition, just war theory declares that war may be justifiable if the states involved have both jus ad bellum, or just cause, and jus in bello, or just conduct in war;
The list of crimes that can be committed in battle is vast, and the Geneva Convention separates the classification of offences into sections including crimes against peace and crimes during war, of which both were committed by Henry. The morality of his war comes into the questions
The definitions in the Statutes in respect of genocide, crimes against humanity and war crimes do not spell out all the general legal elements of each category or the legal elements in relation to each of the underlying crimes such as rape and sexual slavery. However the tribunals have developed case law in this respect.
The acts of violence that were performed by rebels in Africa were horrific. Adults and children were murdered, mutilated, tortured, and raped. The Revolutionary United Front (RUF) in Sierra Leone performed despicable acts of cutting off a people's body parts with machetes to instill fear in the community. If you were working in the diamond mines and not performing up to the standards of the rebels you would lose a body part as punishment. Rebels would continue to do this from one village to another in order “to take control of the mines in the area” (Hoyt). It is estimated that in Sierra Leone that over 20,000 people suffered mutilation. The acts that the rebels performed to these innocent victims was clearly a violation to their human rights. The RUF collected 125 million a year to fund their war on the government and the people of Sierra Leone.
War has always been an essential ingredient in the development of the human race. As a result of the battles fought in ancient times, up until modern warfare, millions of innocent lives have ended as a result of war crimes committed. In the article, “The My Lai Massacre: A Military Crime of Obedience,” Herbert C. Kelman and V.Lee Hamilton shows examples of moral decisions taken by people involved with war-related murders. This article details one of the worse atrocities committed during the Vietnam War in 1968 by the U.S. military: the My Lai Massacre. Through this incident, the question that really calls for psychological analysis is why so many people are willing to formulate , participate in, and condone policies that call for the mass killings of defenseless civilians such as the atrocities committed during the My Lai massacre. What influences these soldiers by applying different psychological theories that have been developed on human behavior.
(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;
The just war theory is described by Thomas Massaro in his book Living Justice as the “principle that warfare might be justified under certain conditions” (108). The complexities involved with international relations makes determining a just war very difficult. Even though historically pacifism hasn’t gained much traction within Catholic circles, it currently is gaining popularity with many mainstream Catholics. With so many differing views on military action, one might ask, “What determines a just war? How can we balance the need for peace with self-defense?” An examination of criteria for a just war and critiques written on this topic might shed light on these two questions.
“The trouble is that a praise worthy quest for precision can descend into a flattering of tidy minds at the cost of a realistic grasp of the complexity and interconnectedness that is the story of strategic history.” Colin Gray warns in the opening sentences of the chapter “Irregular Warfare and Terrorism” in his book Another Bloody Century of the dangers of oversimplifying the categories of warfare. To look at warfare as either regular or irregular without being absolutely clear on the definitions of each and the context in which the terms are used is fruitless. Regular forces have been known to use irregular type tactics just as irregular forces have used conventional warfare to reach their political goals. It is imperative then, that the U.S. military forces are trained to fight wars falling on a spectrum of warfare and educated to distinguish the type of war they face. In order to protect national security interests as outlined in the 2014 Quadrennial Defense Review, the U.S. armed forces must rebalance and be capable of conducting operations across the spectrum of conflict in order to win against both a regular and irregular adversary, combating a wide scope of tactics and strategies ranging from terror tactics to full scale, multi-phased conflict against a peer or near peer by maximizing the capability of the force and nation.
In international law, a crime against humanity is an act of persecution or any large scale atrocities against a "people," and it is the highest level of a criminal offense. Crimes against humanity have existed in international law for over half a century and are also evidenced in prosecutions before some national courts. There are controversies in the world today that surrounds the importance and value of human life. One of these controversies is the systematic killing of a mass amount of people that is known as genocide. The most egregious crime of all is genocide which also shares similarities with war crimes and crimes against humanity. Genocide targets a group of people and seek out to destroy them in whole. Genocide is included as one of the four core international crimes. The Penal Statue defines international crimes as the gravest crimes that threaten peace, security and well-being of the world and are of concern to the international community. (Natarajan 2014) In history, two of the unforgettable mass genocides were the annihilation of the Jewish population known as the Holocaust, and Tutsi population being killed in the Rwandan genocide.
Genocide is the intentional killing of groups with the purpose of eliminating the existence of the group. The term "genocide" was created in 1944 to describe the systematic elimination of Jews under the Nazi regime. The word combines the Greek suffix, "geno-", meaning race, and "-cide", meaning "killing". According to Article II of the Convention on the Prevention and Punishment of Genocide, genocide refers to the following acts that are meant to destroy, in whole or in part, a national, ethnical, racial or religious group by causing serious bodily or mental harm to members of the group (directly or through actions causing death), deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group (e.g. forced sterilization), or forcibly transferring children (persons under the age of 14 years) of the group to another group. Article III of the convention defines "genocide, the conspiracy to commit genocide, direct and public incitement to commit genocide, attempt to commit genocide, and complicity in genocide" as punishable acts. The United Nations General Assembly adopted the he Genocide Convention on 9 December 1948, and the Convention was commenced on 12 January 1951. The Genocide Convention has been ratified by over 130 nations and over 70 nations have made provisions for the punishment of genocide in domestic criminal law. Article 6 of the 1998 Rome Statute of the International Criminal Court includes the content of Article II of the Genocide Convention as a crime. (http://www.genocidewatch.org/genocide/whatisit.html)
By the end of Dostoyesky’s Crime and Punishment, the reader is no longer under the illusion of the possible existence of “extraordinary” men. For an open-minded reader, and even perhaps the closed-minded ones too, the book is a journey through Raskolnikov’s proposed theory on crime. It is a theory based on the ideas that had “been printed and read a thousand times”(313) by both Hegel and Nietzsche. Hegel, a German philosopher, influenced Dostoyesky with his utilitarian emphasis on the ends rather than the means whereby a superman existed as one that stood above the ordinary man, but worked for the benefit of all mankind. Nietsche’s more selfish philosophy focused on the rights to power which allowed one to act in a Hegelian manner. In committing his crime, Raskolnikov experienced the ultimate punishment as he realized that his existence was not that of the “extraordinary” man presented in his theory. In chapter five of part three in Crime and Punishment, this theory is outlined by its creator, Raskolnikov. Such an innovative theory would clearly have placed him in the “extraordinary” category, but when he fails to meet its standards, by submitting to the common law through his confession, the theory crumbles right before the reader’s eyes.
Zinn’s question was if the bloodshed and deceit were necessary in order for the human race to progress and one might argue that yes, to a certain extent. If the English did not colonize America, maybe America would not be what it is today. The Europeans came here with their tools and influence over the country. The colonist used the bloodshed in order to control the Native Americans, the Africans, and even their own people. They did not want them to rebel therefore, they devised systems in order to manipulate them. Even though they implemented this system the Native Americans and the Africans Indians rebelled against the Europeans. The Europeans would oppress the people, imprisoned and punish them in order to have control over the colonies
The quote “all’s fair in love and war” means nothing is out of bounds when it comes to love and war; everything is fair game. Nicholas Sparks, Norman Rockwell, and Robert Frost do an excellent job depicting this quote in their work. Nicholas Sparks is famous for his romantic novels; many of which involve a man in the military falling in love with a woman and doing whatever it takes to be with one another. Norman Rockwell’s paintings are simple but also show the love and war. Though Robert Frost’s poem are not particularly about love and war; he does have many poems about love between two people as well as poems about war and what it takes to survive. All three people are extremely talented and I enjoy all of their work.