Questions tagged [laws-of-war]

Questions concerning declaration of war, acceptance of surrender, the treatment of PoWs, military necessity, distinction (i.e. international humanitarian law governing the legal use of force in an armed conflict, to distinguish between combatants and civilians), proportionality, and the prohibition of certain weapons. It is distinct from belligerents' domestic law, which may provide additional legal limits to the conduct or justification of war.

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What's counts as "taking active part in the hostilities" under the Geneva Convention?

The Geneva Convention relative to the Protection of Civilian Persons in Time of War states that Persons taking no active part in the hostilities, including members of armed forces who have laid down ...
R.M.'s user avatar
  • 363
18 votes
5 answers

Do persons accused of being "enemy combatants" have the right to a speedy trial, or can the US government hold them for as long as the govt wishes?

In a recent Senate session, they were discussing the release of all Guantanamo Bay detainees. Senator Lindsey Graham claimed that since the people held there were enemy combatants, they did not have ...
moonman239's user avatar
  • 3,070
10 votes
2 answers

Have any military personnel serving a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?

Has any military personnel servicing a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)? Democratic is of course a gray scale so give that condition the ...
d-b's user avatar
  • 615
9 votes
1 answer

What constitutes murder in war?

So, there is a man, Gibril Massaquoi, on trial in Finland for things he allegedly did during the Liberian Civil War. Among the charges is murder. Here's the thing: in war, it is generally to be hoped ...
HAEM's user avatar
  • 583
7 votes
2 answers

Can military necessity override POW rights?

Here are some hypothetical situations where respecting POW rights interferes with achieving a military objective: A mechanized column has a time-sensitive objective to capture a town. The column came ...
Andrey Godyaev's user avatar
5 votes
2 answers

Are lethal autonomous weapon systems legal?

Are lethal autonomous weapon systems legal? I want to know whether this technology is illegal, or not - specifically in the UK, but globally as well. I know the Convention on Certain Conventional ...
Tobi's user avatar
  • 231
2 votes
1 answer

Does the presence of mercenaries like Ambrey Risk change the legality of Houthi attacks?

The M/T Pollux has been hit by a Houthi missile. Reuters is referencing Ambery Risk in their article. We do not know what role Ambery Risk played in this, but some ships are using armed ...
User65535's user avatar
  • 6,536
2 votes
1 answer

Did Sokka commit the war crime of false flag? (ATLA S01E17)

Based on Avatar The Last Airbender S01E17, Sokka is ostensibly a war criminal, at least based on our laws. See eg here and here. From International Committee of the Red Cross - Practice Relating to ...
BCLC's user avatar
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1 vote
1 answer

Would it have been legal for Ukraine to target the Pollux?

The M/T Pollux has been hit by a Houthi missile. This has been described as "lawless" by the US State Dept. The Houthis are describing this as a "British ship", and Reuters is ...
User65535's user avatar
  • 6,536
-1 votes
2 answers

Does how state-like the Houthis are have any effect on the legality of their attacks on Red Sea shipping?

This question is prompted by comments on my previous question about the relevance of armed professionals on shipping alters their legal status: It's not legal for terrorists to attack a merchant ship ...
User65535's user avatar
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