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Old June 11th 04, 11:31 PM
Paul J. Adam
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In message , Ed Rasimus
writes
"War crimes" need to be defined as violations of international accords
regarding the conduct of armed conflict. We can't ascribe the term to
whatever offends our particular sensibilities or suits our political
needs of the moment.


Certainly there are some who "might make the argument" that I "most
certainly did commit either an atrocity or a war crime (that's either
an interesting distinction or a redundancy) IF your bombs landed on
innocent enemy (oxymoron???) civilians."


As I understand it, there would be a need to prove either recklessness
or intent for there to be a crime. Proving "Intent" would be difficult
because the prosecution would have to show that you deliberately
intended your jettisoned weapons/tanks/racks to strike the victim,
knowing they held protected status. (Not necessarily that you aimed at a
particular person, but that you knowingly and deliberately dumped them
where they would be more likely to hurt noncombatants than if they were
dumped elsewhere)


Proving "recklessness" is easier in some ways because you just had to be
careless about the danger: on the other hand, it requires that you be
shown to owe a duty of care to the victims.

I'm not a lawyer, nor an expert on military law: but from the limited
study summarised above, I don't think there's a case against Mr Rasimus.


For example, one example I've heard of his "jettisoning ordnance
recklessly" involved him cleaning up his aircraft to avoid an attacking
enemy fighter, and aiming what he dropped in the direction of an AAA
site that was also engaging him. I'll be *very* interested in meeting
the lawyer who can show that a pilot owes a "duty of care" to gunners
trying to shoot him down!

The purpose of military operations is to "kill people and break
things". Doing anything less is a sure route to defeat.


Too much can be bad, as can too little. Trouble is, you never get the
answers: you just find out whether you got it "right enough" or not.

--
He thinks too much: such men are dangerous.
Julius Caesar I:2

Paul J. Adam MainBoxatjrwlynch[dot]demon{dot}co(.)uk