Is all war a crime? As Putin is accused of outrages in Ukraine, some protest that the term, "war crime" makes no sense. Does it imply that some kinds of killing are justified?
Russia accused of torture of civilians
Is all war a crime? As Putin is accused of outrages in Ukraine, some protest that the term, "war crime" makes no sense. Does it imply that some kinds of killing are justified?
It was a massacre. Civilians from the town of BuchaA town outside Kyiv that fell under Russian control in early March 2022. It was the scene of one of the worst massacres in modern times. were found dead with their hands bound behind their backs. It was a hint that summary executions had taken place. Some were mutilated and tortured. Many had survived only by hiding in their basements with no light or electricity, using candles. More than 300 of the dead had to be buried in a mass grave.
Ukraine has requested that the International Criminal CourtAn international tribunal that has jurisdiction to prosecute individuals for committing genocide, crimes against humanity and war crimes. investigate the killings. It accuses Russia of carrying out a genocide against the Ukrainian people. But for most observers, the verdict is already clear: Russia has committed war crimes in Ukraine.
The atrocities have sparked a debate over the meaning of the term: "war crime". Some claim that all war is a crime and that imposing so-called "rules of war" makes as much sense as insisting on rules for murder or theft. There is no way of making war fair or humane.
In fact, American historian Samuel MoynA US legal scholar and historian, based at Yale University, who has become a prominent public intellectual in recent times. argues that our efforts to make war humane have only resulted in more conflicts and killing.
In the last few decades, some states have moved away from the use of ground troops, relying increasingly on air power and especially dronesDrones are aircraft flown with no humans on board. They are used for many different purposes. . Some claim new technology has made aerial warfareAny kind of conflict relating to the use of aircraft. Many of the world's more powerful states increasingly rely on aerial warfare to avoid deploying ground troops. surgically precise, making it possible to take out enemy combatants with minimal civilian casualties.
Many regard this as a more humane kind of warfare. But the real purpose of this shift, Moyn suggests, is not to protect civilians, but to minimise the number of dead soldiers.
Traditionally, no state could wage war forever because, as the casualties mounted, there would be growing public pressure to make peace. By using unmanned drones, the state can keep its soldiers out of harm's way. In this scenario, it could go on waging war for much longer.
This might not matter if drones really were as surgical as their advocates claim. But, Moyn points out, they actually inflict terrible casualties on civilians on the other side of the conflict. It is thought that as many as 17,000 have been killed by US drone strikes since 2004.
Some think this proves that wrangling over whether or not war crimes have been committed is a waste of time. We should treat anyone who wages war as a criminal - and bring them to justice accordingly.
Others say we cannot afford to be idealistic. They think we must accept that war is ingrained in human natureThe feelings and behaviours of humankind, that almost everyone shares. . All we can do is try to limit it. This makes it important to have rules in place to dissuade countries from targeting civilian populations. Plus, they argue, we can never guarantee that soldiers will always treat civilians well. We need regulation to ensure that they are not tempted to abuse their power.
Is all war a crime?
Yes: There is no such thing as a just war. By arguing over crimes committed in war, we miss the bigger picture: all those who start wars are criminals and should be brought to justice.
No: If war is imposed on us or if it becomes a moral obligation to defend others it may be just to fight and kill. In these circumstances, we need clear rules to limit the harms of war.
Or... Regardless of whether or not war is itself criminal, wars do take place. We need some form of international law to ensure that the collateral damage of these wars is kept to a minimum.
Keywords
Bucha - A town outside Kyiv that fell under Russian control in early March 2022. It was the scene of one of the worst massacres in modern times.
International Criminal Court - An international tribunal that has jurisdiction to prosecute individuals for committing genocide, crimes against humanity and war crimes.
Samuel Moyn - A US legal scholar and historian, based at Yale University, who has become a prominent public intellectual in recent times.
Drones - Drones are aircraft flown with no humans on board. They are used for many different purposes.
Aerial warfare - Any kind of conflict relating to the use of aircraft. Many of the world's more powerful states increasingly rely on aerial warfare to avoid deploying ground troops.
Human nature - The feelings and behaviours of humankind, that almost everyone shares.
Russia accused of torture of civilians
Glossary
Bucha - A town outside Kyiv that fell under Russian control in early March 2022. It was the scene of one of the worst massacres in modern times.
International Criminal Court - An international tribunal that has jurisdiction to prosecute individuals for committing genocide, crimes against humanity and war crimes.
Samuel Moyn - A US legal scholar and historian, based at Yale University, who has become a prominent public intellectual in recent times.
Drones - Drones are aircraft flown with no humans on board. They are used for many different purposes.
Aerial warfare - Any kind of conflict relating to the use of aircraft. Many of the world’s more powerful states increasingly rely on aerial warfare to avoid deploying ground troops.
Human nature - The feelings and behaviours of humankind, that almost everyone shares.