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WEEK 8 – WAR Crimes AND Aggression
Global Criminology (CRIM:3415)
University of Iowa
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WEEK 8 – WAR CRIMES AND AGGRESSION
Intro - 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 1 st position: war is not about right and wrong, its about success and failure 2 nd position: war is never justifiable - Just war theory Under certain circumstances, war is justified ‘Codes of war’ Just cause vs. just means Just cause vs. just means - Just cause: “set of rules for when it is acceptable to go to war”, defined by the UN Charter (self-defense or authorization); domestic procedures 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 its achieved 4) Last resort: war is morally permissible only when there is no other way to achieve the just cause - Just means: “set of rules what soldiers and commanders can do”, defined by Geneva Convention (1949) – how the military aggression is carried out 1) Proportionality: the degree of force must be measured against the force required to correct just cause and limited by just intention (should only inflict as much violence that necessary, and should stop right when you’ve achieved the cause) 2) Discrimination: between combatants and non-combatants (those trained and officially involved in military activity es vs those who are; civilians, POW, injured, etc.) only legit combats are fair game as a target 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 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 (no torture, treated humanely) Relief and protection for the wounded (no matter which side, provide relief) 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 vs International Legality: two sets of laws need to be observed Domestic legality - Article 1, Section 2 & 8 of the constitution
The president is the commander in chief: can declare war Has the present justification and plausible path to victory to congress Congress has to vote, approve the war, allocate funding
- War powers resolution (1973): president has to be reported to congress within 48 hours if the US armed forces are 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 times
- Called a variety of things (limited military engagement, target 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 by-pass 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
WEEK 8 – WAR Crimes AND Aggression
Course: Global Criminology (CRIM:3415)
University: University of Iowa
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