The International Criminal Court PDF
By:U.S. Government
Published on 2011-09 by Books LLC
Original publisher: Maxwell Air Force Base, Ala.: Air University Press, [2005] OCLC Number: (OCoLC)316235701 Subject: International criminal courts. Excerpt: ... FAIRCHILD PAPER mains controversial to this day. Perhaps the bombing of Hi-roshima and Nagasaki can be justified in a court of law dedi-cated to adjudicating the Law of Armed Conflict ( LOAC ). How-ever, anytime civilian population centers are deliberately targeted, it seems that there is at least probable cause ( if not definitive proof ) to initiate war crimes proceedings. Gen Curtis E. LeMay seemed to agree when he stated, | Killing Japanese didn't bother me very much at that time... I suppose if I had lost the war, I would have been tried as a war criminal.... Every soldier thinks something of the moral aspects of what he is doing. But all war is immoral and if you let it bother you, 5 you're not a good soldier. | One of the most famous cases of a war crime is obviously the case of Lt William Calley. The Vietnam War frustrated US soldiers because the Vietcong used asymmetric warfare ( some would say terrorism ) to maximize their advantages. It was often difficult to distinguish between combatants and noncom-batants because women and small children were often soldiers. In addition, they did not always wear uniforms or carry arms openly. The enemy would attack US forces and then quickly disappear into the countryside. Frustrated by mounting losses and an inability to find the enemy, morale in Calley's company suffered greatly. Soldiers in Calley's platoon were desperate to inflict losses on the enemy to avenge friendly deaths. In this type of environment, discipline slips and the environment becomes ripe for war crimes. In the village of My Lai in 1968, soldiers of Calley's platoon lined up nearly every woman and child in the village and summarily executed them and then burned the village to the ground. Calley's justification was that he was act-ing pursuant to superior orders. Even though superior...
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