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Francis Donating Member (317 posts) Send PM | Profile | Ignore Sun Aug-24-03 02:33 AM
Original message
Anyone know the answer
In my musings, What would happen if foreign troops under American command, commited "war crimes"
As a non signatory America is exempt, but would foreign troops whose country is a signatory be tried for "only following orders"?
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Ein Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-24-03 02:38 AM
Response to Original message
1. We've already violated Geneva several times in Iraq
Edited on Sun Aug-24-03 02:41 AM by Ein
They are distant in my memory now, but excessive in number. Does that not qualify as war crimes. The bombing of civilian targets is a war crime in my book, which we have done many a time since the Geneva Accords. EDIT: One startling example is our actions in the whole of Indochina in the Vietnam era...

We are a signatory, we are not tried b/c no one can really question our power.

It's crap.
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Paschall Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-24-03 02:46 AM
Response to Original message
2. You're talking about the International Criminal Court?
The fact that we are not signatory does not exempt US citizens from being tried through the court... which is why the administration is signing special bilateral treaties with countries to provide exactly that exemption.
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tameszu Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-24-03 03:26 AM
Response to Original message
3. They could be prosecuted for war crimes by the ICC
And the other poster is correct: American soldiers could also be prosecuted for war crimes, if the complainant could show that the U.S. military or American courts were unwilling to prosecute them...and if the ICC could get its hands on them...

Also, violating the Geneva Convention doesn't necessarily constitute war crimes, at least as defined by the ICC. The war crimes the ICC prosecutes are only the most serious and intentional violations of international human rights law. Smaller things, like displaying captive soldiers and so on would not be prosecuted by the ICC.
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