So, glancing through Memorandum today, I see an article from the NY Times on war crimes and the current conflict in the Middle East.
The United Nations’ top human rights official said Wednesday that the killing and maiming of civilians under attack in Lebanon, Israel and Gaza and the West Bank could constitute war crimes.
The scale of killings in the region, and their predictability, could engage the personal criminal responsibility of those involved, particularly those in a position of command and control,” said Louise Arbour, the high commissioner for human rights.
Ms. Arbour is a former justice of Canada’s Supreme Court who, as chief prosecutor for the International Criminal Tribunals for Rwanda and the former Yugoslavia, indicted the former Yugoslav president Slobodan Milosevic.
International humanitarian law is clear on the supreme obligations to protect civilians during hostilities,’’ she said. That same obligation exists, she added, in international criminal law, which defines war crimes and crimes against humanity.
I went off and read the thing (the 4th Geneva Convention). You should too.
Like all contracts, the meaning isn’t completely in the text; there’s a body of law and interpretation that truly define what they mean.
So keeping that in mind, here are some key points (with my highlighting)…
Art. 2. In addition to the provisions which shall be implemented in peace-time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
OK, that pretty much commits Israel to honor them even if Hamas doesn’t…
Art. 3. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.
MMMkay, so there’s a distinction between those taking no part in the hostility and those who are…
Art. 5 Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.
Mmmmmkay again, so it’s not meant to be a suicide pact.
In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.
OK, so there remains an obligation to some measure of due care. And then there’s this:
Art. 28. The presence of a protected person may not be used to render certain points or areas immune from military operations.
Hmmm…so legitimate military actions within civilian areas – when those civilian areas are being used by combatants – are possibly not crimes.