- Information
- AI Chat
War Crimes and aggression
Global Criminology (CRIM:3415)
University of Iowa
Preview text
Lecture 3/27 – Global CRIM War Crimes and Aggression
War Crimes Crimes committed by individuals and states during the times of armed conflict and crimes of international aggression by the state Justice in war Law of war does not exist 1st positon: war is not about right or wrong its about success or failure 2nd positon: war is never justifiable Just war theory Under certain circumstances war is justified Codes of war Just cause vs just means Just Cause Laws that define when it is acceptable to go to war, defined by the UN charter (self- defense or authorization) domestic procedures Just means What soldiers and commanders can do, defined by Geneva convention (1949)
Just Cause 1. Just authority: only just and legitimate political entity can initiate war 2. Just cause: the reason (self-defense, provocation, support of an ally) 3. Just intention: sticking to the original cause and withdrawing once it is achieved 4. Last resort war is morally permissible only when there are no other ways to achieve the just cause Just means 1. Proportionality: the degree of force must be measured against the force required to correct just cause and limited by just intention 2. Discrimination: between combatants and non-combatants 3. Responsibility Country is not responsible for side effects as long as a. Intention is good b. Bad effects are unintended c. The good outweighs the damage Just means Geneva conventions and their additional protocols Regulate conduct of armed forces and limit their effects Special protections for those who do not take part in hostilities Humane treatment for prisoners of war Relief and protection for the wounded Just means: How effective are the laws of war? Multiple violations Can prevent unnecessary suffering Give a standard for judging the behavior post conflict
Domestic Legality Article 1, Section 2 & 8 of the constitution a. The president is the commander in chief can declare war b. Has to present justification and plausible path to victory in congress c. Congress has to vote, approve the war, and allocate funding War powers resolution (1973): president has to report to congress within 48 hours if the US armed forces and introduced into a conflict Persistence of unconstitutional military actions by the US US congress has declared war only 5 times (all before 1945) Yet, US has committed forces hundreds of time Called a variety of things (limited military engagement, targeted campaign, armed conflict) Complicity of congress Why do you think the US does not declare war anymore? Importance of secrecy and quick action in the cold war era Ability to pass by congress Vietnam Flexibility in regards to rules Why do War Crimes Happen? Stress of combat Demonization/ dehumanization of the enemy Tolerance of bloodshed Revenge for personal losses Milgram’s Experiment 1963 obedience to authority vs personal conscience it is easier to torture people than we think were war criminals just following orders? Supervisor told participants to continue administering shock to other participants 65% of participants delivered maximum shock this shows us that when told to do something we are willing to go farther explains torture holocaust
RULES OF WAR ARE VIOLATED ALL THE TIME
War Crimes and aggression
Course: Global Criminology (CRIM:3415)
University: University of Iowa
