Does this marvellous trick, perchance, work in the profile, too?

  • 0 Posts
  • 20 Comments
Joined 3 years ago
cake
Cake day: April 12th, 2024

help-circle




  • The problem is that it will in the end boil down to such hair splitting. In the war crimes trials after WW2, for instance, the sinking of merchant vessels by submarines with no prior warning, then illegal under rules that had been written well before practical submarines had been invented, (“cruiser rules”) was deliberately overlooked, because all sides had been doing it. On top of that comes the problem that the only side that will ever agree to voluntarily submitting its personnel to a truly fair and impartial trial is the side that is less inclined to committing war crimes in the first place.

    Even the requirement for giving a warning before attacking a merchant vessel under a neutral flag isn’t absolute (Section V.67 f): Unless circumstances do not permit, they are to be given a warning

    What exactly constitutes as warning isn’t specified either. What exactly the permitting circumstances are, is also left open to interpretation. I am fairly certain that this rule was included to accommodate the way submarine warfare was conducted by everyone from WW2 onwards.

    The only vessels for which giving a warning prior to an attack is unconditional, even if they are violating a precondition for their protection, are hospital ships. (Section III.49)



  • Merchant vessels and civil aircraft are civilian objects unless they are military objectives in accordance with the principles and rules set forth in this document.

    Is the important part here. And the rules set forth leave quite a bit of room for interpretation. It pretty much boils down to what you define as otherwise make an effective contribution to the enemy’s military action. That can be interpreted as including the transportation of export goods whose sale is used to finance the war.

    Also, every protection is only granted under the precondition that the protected craft strictly stick to a clearly defined set of rules.

    For example, the technically “neutral” shadow fleet vessels that have been dragging their anchors through undersea cables in the Baltic in the recent years would have been legitimate targets for the fact of engaging in the cutting of undersea cables. Likewise does the act of intelligence gathering void the protection afforded to merchant (and other protected) vessels.












  • Most of the perpetrators got away with it, though, by keeping a low profile. (Of course, they were all “properly denazified”, with official, rubber stamped and signed paperwork to “prove” it) The performative collective remembrance is merely an empty shell, and goes hand in hand with a justice system that has systematically and purposefully dragged its feet when it came to prosecute them. Only in the recent few years, a handful surviving accomplices were dragged to court, if they even were still able to stand trial.