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by A m e n r i a » Mon Jan 07, 2019 4:18 am
by The New California Republic » Mon Jan 07, 2019 4:21 am
A m e n r i a wrote:I assume the boy has gone through puberty since he's 15. That means whatever sins he commits counts. I know for a fact that harming civilians is wrong, but I'm not sure if civilians who fight count (I'll have to look up hadits and, if possible, verses for it). I'll lean on unacceptable, seeing the difference in circumstances the two have, but my answer isn't final yet.
by A m e n r i a » Mon Jan 07, 2019 4:22 am
The New California Republic wrote:A m e n r i a wrote:I assume the boy has gone through puberty since he's 15. That means whatever sins he commits counts. I know for a fact that harming civilians is wrong, but I'm not sure if civilians who fight count (I'll have to look up hadits and, if possible, verses for it). I'll lean on unacceptable, seeing the difference in circumstances the two have, but my answer isn't final yet.
He is still protected by The Geneva Conventions in any event.
by The Grims » Mon Jan 07, 2019 4:29 am
Greater vakolicci haven wrote:The Grims wrote:So again: why is the kid not allowed to execute the general for his crimes ?
Honestly, I don't know. The general was posing a danger, and in a war situation I guess it's far more acceptable than the opposite way around. But still I don't like capital punishment, however I get that the kid had no ability to imprison or otherwise punish the general. The general had that ability with the kid.
by The New California Republic » Mon Jan 07, 2019 4:33 am
by Infected Mushroom » Mon Jan 07, 2019 4:44 am
The New California Republic wrote:A m e n r i a wrote:
Multiveral laws by omnipotent deity > planetary laws by humans
The Geneva Conventions apply to everyone regardless of faith. If I was in a conflict and I had a bunch of POWs who were Muslim then I would apply The Geneva Conventions to them regarding their treatment. I wouldn't look upon them differently because of their faith. If I was captured by Muslim soldiers I would expect the same, and would remind them of their obligations under it, rather than waiting for them to piss around with deciding my fate in a religious court hastily thrown together on the battlefield or behind the lines.
The Nazis engaged in a similar kind of exceptionalism from the rules regarding treatment of POWs, as did many of the other participants in that war, and it led to the most monstrous crimes imaginable. There is a reason that The Geneva Conventions apply to all regardless of faith/race/creed, precisely to stop that kind of exceptionalism.
by Purpelia » Mon Jan 07, 2019 4:44 am
by Risottia » Mon Jan 07, 2019 4:46 am
Infected Mushroom wrote:Risottia wrote:
Yea, just like any other generic POW: that doesn't make killing people who have been caught or who have surrendered fine. The kid's not a leader or a flag behind which insurgents could rally. He can be just safely interned in a POW camp until the end of the war.
its not fine under current international agreements and current rules of engagement on a formal level
but I don't see why it couldn't be considered fine if we had decided otherwise instead (for instance, in an alternate universe where we never codified rules of war to protect the surrendered)
I'm not sure why we can't execute people who have surrendered if we decide that it benefits the war effort (after calculating everything including political ramifications)
in THIS case, I think the moral outrage will be minimal considering the kid just tried to kill the General. I mean, it just comes across as fair play to me
by A m e n r i a » Mon Jan 07, 2019 4:46 am
The New California Republic wrote:A m e n r i a wrote:
Multiveral laws by omnipotent deity > planetary laws by humans
The Geneva Conventions apply to everyone regardless of faith. If I was in a conflict and I had a bunch of POWs who were Muslim then I would apply The Geneva Conventions to them regarding their treatment. I wouldn't look upon them differently because of their faith. If I was captured by Muslim soldiers I would expect the same, and would remind them of their obligations under it, rather than waiting for them to piss around with deciding my fate in a religious court hastily thrown together on the battlefield or behind the lines.
The Nazis engaged in a similar kind of exceptionalism from the rules regarding treatment of POWs, as did many of the other participants in that war, and it led to the most monstrous crimes imaginable. There is a reason that The Geneva Conventions apply to all regardless of faith/race/creed, precisely to stop that kind of exceptionalism.
by Infected Mushroom » Mon Jan 07, 2019 4:46 am
Purpelia wrote:On the other hand the Geneva convention does not protect combatants that do not abide by it. This includes wearing legitimate uniform and insignia to signify them as such. This kid was a partisan and is thus not protected. At least that's my understanding. Also, I like how this discussion has shifted from morality to legality.
by Risottia » Mon Jan 07, 2019 4:50 am
Infected Mushroom wrote:Greater vakolicci haven wrote:In my opinion the aiding of the war effort is no justification for killing people who have surrendered.
so if I kill thousands of your soldiers and then get myself in a tight spot, I can simply "surrender" and expect 100% protection? even if I might later escape/be rescued and rejoin the war as a combatant against you?
by Risottia » Mon Jan 07, 2019 4:52 am
The Grims wrote:So again: why is the kid not allowed to execute the general for his crimes ?
by The Huskar Social Union » Mon Jan 07, 2019 4:53 am
by Infected Mushroom » Mon Jan 07, 2019 4:56 am
by Greater vakolicci haven » Mon Jan 07, 2019 5:03 am
The Huskar Social Union wrote:You have captured him and he is now unarmed, throw him in a prison/internment facility till the end of the war. No need to kill him. If he escapes however or is caught escaping then yeah shoot him.
by Ethel mermania » Mon Jan 07, 2019 5:14 am
Heloin wrote:So basically the execution of Nguyễn Văn Lém but he's aged down and he took a shot at the general? I'd say the same thing in a conversation on that as with this, the general overstepped his bounds by summarily executing an enemy POW. He's in the wrong and should have just sent him to a POW camp.1. International law and "laws of war" remain (on paper) in their current form; no one has bothered to change the rules before this world war broke out
4. The General does (according to his own national laws and military protocols and rules regarding POWS), have the legal right to order this execution on the spot by invoking a "special circumstances clause," however, in most situations, killing civilians (armed or unarmed) is "frowned upon"
These two points contradict each other. Sure plenty of nations ignore laws of war during war, but saying the laws of war are there and unchanged and saying this country made a law the breaks those law doesn't work. So I'm working that point 1 supersedes point 4 thus am ignoring it for the time being.
by Ethel mermania » Mon Jan 07, 2019 5:22 am
by Infected Mushroom » Mon Jan 07, 2019 5:23 am
Ethel mermania wrote:Infected Mushroom wrote:
he could always escape/be rescued at a later point and resume the war/insurgency against you for instance
Shooting a person in uniform under identical circumstances would be a war crime. The fact that the kid is an unlawful combatant is what makes his execution legal.
by Risottia » Mon Jan 07, 2019 5:26 am
Infected Mushroom wrote:Risottia wrote:Yes.
I prefer the WWI/WWII approach where both sides often opted to execute snipers even when they surrendered (because they took dozens-hundreds of lives)
I can't say such a solid No Killing of Those Who Surrender seems fair when the party who surrendered could have been a massive threat
by Risottia » Mon Jan 07, 2019 5:28 am
Ethel mermania wrote:Infected Mushroom wrote:
he could always escape/be rescued at a later point and resume the war/insurgency against you for instance
Shooting a person in uniform under identical circumstances would be a war crime. The fact that the kid is an unlawful combatant is what makes his execution legal.
by British Tackeettlaus » Mon Jan 07, 2019 5:34 am
by Ethel mermania » Mon Jan 07, 2019 5:38 am
Risottia wrote:Ethel mermania wrote:Shooting a person in uniform under identical circumstances would be a war crime. The fact that the kid is an unlawful combatant is what makes his execution legal.
Nope nope nope.
Even non-uniformed combatants who are "in the hands of the enemy" have right to a fair trial and legal defense in case they're indicted of a crime.
The general didn't arrange a trial, he just ordered the execution.
by The New California Republic » Mon Jan 07, 2019 5:38 am
Purpelia wrote:On the other hand the Geneva convention does not protect combatants that do not abide by it. This includes wearing legitimate uniform and insignia to signify them as such. This kid was a partisan and is thus not protected. At least that's my understanding. Also, I like how this discussion has shifted from morality to legality.
A m e n r i a wrote:I don't understand your point either. If we had non-Muslim prisoners we'll still have to feed them and generally treat them well not because of human laws, but because it's sinful to mistreat them. Hell, even harming animals for no reason is wrong.
Infected Mushroom wrote:I'm surprised you hold the Geneva Conventions in such high regards.
Infected Mushroom wrote:I don't think its as simple as, "its either in accordance with the Geneva Conventions or its 100% always, all the time Unacceptable"
Ethel mermania wrote:It's ok to kill the kid as the kid was not in uniform and is not a "legal combatant "
Certain aspects of the present struggle have induced the International Committee to envisage the consequences of acts of war committed by or against combatant formations whom their adversaries have not recognized as belligerents, but regard as partisans. The Committee are of opinion that when, in the course of war, situations arise analogous to those of war, but not explicitly covered by international Conventions, the fundamental principles of international law and of humanity should nevertheless be regarded as applicable.
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