Caracasus wrote:Tarsonis Survivors wrote:This legislation contradicts itself. The last clause "none of this shall be construed to prevent ruses..." But that's exactly what it does. Great Intel is gathered by imbedding troops desguised as civilian personnel. Gaining intelligence is a military objective. This law prohibits the use of subterfuge as a means of gaining valuable intelligence that would mitigate collateral damage. This legislation is going to cause more innocent deaths than it prevents.
We are under the impression that the section quoted refers to preventing ruses in general and should not be read that way. It does, of course, place strict limits on said ruses.3. During a time of armed conflict, member states’ combatants shall not utilize the protected status of civilian noncombatants by disguising themselves as such with the intention of engaging the enemy, shielding themselves from enemy action, or to otherwise execute a military objective, with the singular exception of those individuals escaping Prisoner of War status as defined by WA law.
Gathering military intelligence previous to an armed conflict by disguising yourselves as civilian noncombatants would most certainly provoke some form of retribution against civilian groups in the area. Whilst we accept that not gaining said intelligence may cause a longer and more drawn out war, resulting in greater loss of life, in this instance the principle that troops may not disguise themselves as civilian noncombatants should lead to fewer villages burnt to the ground in search of enemy combatants, for example. On balance, this proposal seeks to protect civilians and humanitarian aid. Without this, nations could claim justification for attacking humanitarian aid, or indeed refusing humanitarian aid entry to a war zone.
Yes and by limiting the capabilities of enacting said ruses, this legislation restricts the inteligence gathering capabilities and mobility of the armed forces resulting in an increased likelihood of civilian casualties, missed targets ( which will cause more civilian casualties) and an increase of insurgent activity. Insurgents already being an illegal fighting force who are not governed by these rules, this pose an even greater threat to humanitarian forces. The logical argument is that this makes innocent civilians and aid workers more likely to be injured or killed during armed conflict.