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3rd Iraq Thread
For reference: 2nd Iraq Thread and Iraq Thread
Broken Backs
Apr. 8, 2003
The lack of resistance, the raid on Saddam’s palace and the victories of previous days sparked growing elation among US troops. "I think we have broken their back," said Sgt Ray Simon. "I really think this whole thing is almost over." Saddam’s power is broken
Feb. 4, 2004
U.S. soldiers are dying at a rate of more than one a day in Iraq, despite some commanders’ recent claims to have broken the back of the insurgency.
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Maj. Gen. Charles Swannack Jr., commander of the 82nd Airborne Division, told reporters on Jan. 6 that "we’ve turned the corner" in the counter-insurgency effort in his area of responsibility, the western part of Iraq, which includes a part of the "Sunni Triangle" west of Baghdad. Iraq toll climbs despite claim of `turning corner’
Nov. 18, 2004
"We feel right now that we have, as I mentioned, broken the back of the insurgency and we’ve taken away the safe haven," [Lt. Gen. John] Sattler said in a briefing outside Falluja monitored at the Pentagon. Falluja Breaks the Back of Iraq Rebels – U.S. General
@alabama, I am not aware of any disconnection between the rules of engagement developed locally, as it were, and either our own military regulations or international convention, which draw from one another.
Maybe you will find this interesting and useful.
General Telford Taylor, chief prosecutor at Nuremburg and author of Nuremburg and Vietnam: An American Tragedy, writes about “War Crimes”:
What is a “war crime”? To say that it is a violation of the laws of war is true, but not very meaningful.
War consists largely of acts that would be criminal if performed in a time of peace – killing, wounding, kidnapping, destroying or carrying off other peoples’ property. Such conduct is not regarded as criminal if it takes place in the course of war, because the state of war lays a blanket of immunity over the warriors. This concept is very ancient; it is clearly stated by the 12th centry compiler of canon law, Gratian: “The soldier who kills a man in obedience to authority is not guilty of murder.”
But the area of immunity is not unlimited, and its boundaries are marked by the laws of war. Unless the conduct in question falls within those boundaries, it does not lose the criminal character it would have should it occur in peaceful circumstances. In a literal sense, therefore, the expression “war crime” is a misnomer, for it means an act that remains criminal even though commmitted in the course of war, because it lies outside the area of immunity prescribed by the laws of war.
What, then, are the “laws of war”? They are of ancient origin, and followed two main streams of development. The first flowed from medieval notions of knightly chivalry. Over the course of the centuries the stream has thinned to a trickle; it had a brief spurt during the days of single-handed aerial combat, and survives today in rules (often violated) prohibiting various deceptions such as the use of the enemy’s uniforms or battle insignia, or the launching of a war without fair warning by formal declaration.
The second and far more important concept is that the ravages of war should be mitigated as far as possible by prohibiting needless cruelties, and other acts that spread death and destruction and are not reasonably related to the conduct of hostilities. The seeds of such a principle must be nearly as old as human society, and ancient literature abounds with condemnation of pillage and massacre. In more recent times, both religious humanitarianism and the opposition of merchants to unnecessary disruptions of commerce have furnished the motivation for restricting customs and understandings. In the seventeenth century these ideas began to find expression in learned writing, especially those of the Dutch jurist-philosopher Hugo Grotius.[…]
[Up to the eighteenth century and the formalization of military organizations] the laws of war had remained largely a matter of unwritten tradition, and it was the United States, during the Civil War, that took the lead in reducing them to systematic, written form…
In the wake of the Crimean War, the Civil War and the Franco-Prussian War of 1870 there arose, in Europe and America, a tide of sentiment for codification of the laws of war and their embodiement in international agreements. The priciplal fruits of that movement were the series of treaties known today as the Hague and Geneva conventions. For present purposes, the most important of these are the Fourth Hague Convention of 1907, and the Geneva Prisoner of War, Red Cross, and Protection of Civilian Conventions of 1929 and 1949.
“The right of belligerents to adopt means of injuring the enemy is not unlimited,” declared Article 22 of the Fourth Hague Convention, and ensuing articles specify a number of limitations: enemy soldiers who surrender must not be killed, and are to be taken prisoner; captured cities and towns must not be pillaged, nor “undefended” places bombarded; poisoned weapons and other arms “calulated to cause unnecessary suffering” are forbidden. Other provisions make it clear that war is not a free-for-all between the populations of the countries at war; only members of the armed forces can claim protection of the laws of war, and if a noncombatant civilian takes hostile action against the enemy he is guilty of a war crime. When an army occupies enemy territory, it must endeavor to restore order, and respect “family honor and rights, the lives of persons, and private property, as well as religious convictions and practices.”[…]
[There’s more on the subject, but I’m all typed out for now.]
Posted by: Pat | Nov 19 2004 20:20 utc | 30
I am far from an expert on this topic, but I believe that absolutely, there is language not only in the Geneva Conventions but more fundamentally in the United Nations Charter which makes the waging of pre-emptive war illegal. Viz Chapter 1 of the Charter (which for its signatories, including the US, is supposed to take precedence over other treaties):
The Purposes of the United Nations are:
1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.
Article 2
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
1. The Organization is based on the principle of the sovereign equality of all its Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.
There is also the longstanding theoretical concept of “Just War”. This is not legally binding but philosophically and morally important to understand. More on definitions of “just war” through the ages at this site:
Just War Primer
Here are some tidbits from the site:
“In modern language, these rules hold that to be just, a war must meet the following criteria before the use of force:
* War can only be waged for a just cause, such as self-defense against an armed attack.
* War can only be waged under legitimate authority. The sovereign power of the state is usually considered to be legitimate authority. This means that citizens at their own will cannot attack another country without the permission of the sovereign.
* War can only be waged with the right intention. Correcting a suffered wrong is considered a right intention, while material gain is not. Thus a war that would normally be just for all other reasons would be made unjust by a bad intention.
* War can only be waged with a reasonable chance of success. It is considered unjust to meaninglessly waste human life and economic resources if defeat is unavoidable.
* War can only be waged as a last resort. War is not just until all realistic options which were likely to right the wrong have been pursued.
“Once war has begun, just war theory also directs how combatants are to act:
* The acts of war should be directed towards the inflictors of the wrong, and not towards civilians caught in circumstances they did not create. Some theologians believe that this rule forbids weapons of mass destruction of any kind, for any reason (such as the use of an atomic bomb).
* Torture, of combatants or of non-combatants, is forbidden.
* Prisoners of war must be treated respectfully.
* Some, such as former Secretary of Defense Robert S. McNamara, argue that the force used must be proportional to the wrong endured, and to the possible good that may come. Others argue that force should be total and immediate, as to make the conflict as short as possible (See Powell doctrine).”
Posted by: Bea | Nov 21 2004 16:23 utc | 90
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