Historically total war included attack against civilians to stop their support of the enemy. That’s the way wars were fought through millennia. Examples included empires like Babylonia, Hittites, Roman, Mongols, etc. However, that changed in the western world after the fall of the Roman Empire in Europe. The idea was that warriors should always protect the weak and innocent (chivalric code).
In modern times, the world reverted back to total war during WW1 and WW2. In WW2 The Allies purposely targeted civilians to break their support of the Nazis and the leadership of Imperial Japan. the Allies fire bombed Germany (Dresden) and Japan (Tokyo) as part of the total war concept. Same thing was done by the axis powers, examples were the rape of Nan King by Japan, and the bombing of England by Germany.
Just after WW2 the Geneva accords were developed. It was signed in 1949 and included Article 1 which prohibits the targeting of civilians in war. Russia is a signatory of the accord. However, in 2019 Russia’s Putin had Russia revoke article 1 and pulled out of its compliance. I believe we must charge Putin and the Russian regime with war crimes for the horrible attacks on civilians in Ukraine. How can we legally do so?
According to a good friend of mine:
“The Geneva Convention is not the sole body of law defining the law on war. International law consists of law established by both international treaties as well as customary international humanitarian law (IHL). To learn more, look at the website of International Committee of the Red Cross (ICRC). Customary international law is made up of rules that come from (a general practice accepted as law) and that exist independent of treaty law. Customary international humanitarian law (IHL) is of crucial importance in today’s armed conflicts. It fills gaps left by treaty law in both international and non-international conflicts and so strengthens the protection offered to victims”.
So I guess the IHL was not in effect during WW2. It must have been established after 1945. This also means the concept of total war and the purposely targeting of the civilian population is no longer valid today. If so, war crimes in Ukraine are only effective if Russia loses the war. This will make the perpetrators available to a convening authority. What is the convening authority? Probably The world court at The Hague.
My thoughts:
- As a trained warrior I would follow my conscience (and the chivalric code) and be willing to volunteer to fight in Ukraine to protect children, freedom, and the weak. Unfortunately they are not accepting anyone over 70.
- However having said that, I would not agree to have the US do any unilateral action that would start a nuclear war that would kill my friends, family, and fellow citizens. Since Ukraine is not a NATO country, any action must be led by our European Allies. We should support them only if they ask us. However, if a NATO country is attacked, then (due to our treaty obligations) we should respond in a measured and determined way.
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