34 votes

Would it be legal according to the laws of war if Ukrainian forces killed Putin in Moscow?

Yes Providing the attack was otherwise made in accordance with the rules of war, enemy civilian leaders who are directly responsible for the prosecution of the conflict (so, the Minister of Defence, ...
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  • 157k
25 votes

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?

Enemy combatants do not have a right to a speedy trial and do not have the same rights as criminal defendants, but Senator Graham is incorrect in asserting that they may be held without trial "...
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  • 139k
20 votes
Accepted

Does the Geneva Convention apply to the party denying that the war is going on?

International Humanitarian Law applies to all armed conflicts The Geneva Conventions are a part of the overarching body of this law. It applies to all armed conflicts, not just declared wars. An armed ...
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  • 157k
14 votes

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

William Calley Convicted of 22 counts of premeditated murder during the My Lai massacre, during his defence he testified: Well, I was ordered to go in there and destroy the enemy. That was my job on ...
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  • 157k
9 votes

Does civilians' defence of their cities absolve advancing soldiers of war crimes?

Civilians taking active part in hostilities are legitimate targets This is enshrined in Rule 6 of customary International Humanitarian Law. Rule 6. Civilians are protected against attack, unless and ...
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  • 157k
8 votes

Do the laws of war cover misinformation and psychological warfare?

You have four questions. This made me wonder, do the laws of war say anything about misinformation or psychological warfare? Yes, a little. Mostly in the form of specific prohibitions. Is it e.g. a ...
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5 votes
Accepted

Are 'war crimes' written down in laws?

"War crimes" are codified in international treaties (especially the Geneva Conventions), and in determinations by courts and in statutes made in domestic legal tribunals. This is one area of ...
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  • 139k
4 votes

Can Russian TV personalities who knowingly lie about Ukrainians to promote violence be held accountable for the war crimes?

Can popular media personalities who promote violence be held accountable if their propaganda was acted upon? Could they be held accountable if they promoted violence on the behest of their government? ...
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  • 139k
4 votes

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 the act linked in the question) Sec. 948b. Military commissions generally (d) Inapplicability of Certain Provisions.-- (d) (1) The following provisions of this title shall not apply to trial by ...
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4 votes

Why there are no sanctions against head of state if his/her country violates the International law by performing illegitimate acts of war?

Your question is based on an incorrect premise Heads of State can be and have been held accountable for war crimes and crimes against humanity. For example: Germany Japan Yugoslavia Rwanda
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  • 157k
4 votes

Where is the line between defending a city and using human shields?

I think you'll find the definition of "human shields" used in practice in Western courts narrower than what Russia claims (it is), e.g. In the Review of the Indictments in the Karadžić and ...
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4 votes

What does the Rome Statute have to do with the ongoing war in Ukraine?

From Wikipedia: The court has jurisdiction over crimes only if they are committed in the territory of a state party or if they are committed by a national of a state party; an exception to this rule ...
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3 votes

Does civilians' defence of their cities absolve advancing soldiers of war crimes?

Not exactly. Civilians fighting in accordance with the laws of war (wearing distinctive insigniga, bearing arms openly, etc.) would become combatants. The rule was written exactly for a situation like ...
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  • 5,679
3 votes

Would it be legal for foreign volunteers to fight in the Ukraine?

It’s legal under Ukrainian law for foreign nationals to join their defense forces Indeed, this is so common it may be considered the default position internationally: the US, UK, France, and Australia ...
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  • 157k
3 votes

Is it allowed to share propaganda materials for educational purposes? Materials that incite violence and justify killing of certain people?

The essential legal question is whether "political necessity" constitutes an exception to copyright law. The simple answer is, no it does not. The closest that you can come is appealing to ...
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  • 165k
3 votes

Is it allowed to share propaganda materials for educational purposes? Materials that incite violence and justify killing of certain people?

united-states In the US it is not unlawful to produce and display a video arguing for the Russian invasion of Ukraine, whether the intent is to support that invasion or to document the claims of those ...
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3 votes
Accepted

Is assassination of presumed civilian informants considered a war crime and/or crime against humanity?

What factors go into determining whether or not killing targeted non-combatants is considered a war crime? The cynical answer is "it depends on who wins and who judges". There are various ...
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  • 8,312
2 votes

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?

You tag the question "constitutional law" but that may not be the only law relevant to the case. Historically, governments or their officers have been sentenced for actions that were ...
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2 votes

Legality of Auctioning International Criminals/Terrorists?

Upon failing to turn the individual over to lawful authorities, a private citizen would be guilty of kidnapping, because at that point their authority to make a citizen's arrest would terminate. A ...
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  • 139k
2 votes

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?

Only a partial answer, which may hopefully assist others: The Federal Speedy Trail provisions may be found at 18 U.S. Code CHAPTER 208 but according to this source ...the Speedy Trial Act is ...
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  • 23.1k
2 votes

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

John Demjanjuk He was convicted of assistance to murder in 28060 (!) cases. He was only assistant in the concentration camp of Sobibor and as such only recipient of orders. The court however ruled ...
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  • 1,218
2 votes
Accepted

Are Wagner militants considered combatants under the IHL?

The relevant conventions tried to discourage the traditional mercenary business model, but they also try to avoid loopholes in their rules. Under command by and authorized by Russia? Yes. Wearing ...
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  • 5,679
1 vote

Is it a war crime or act of war for a noncombatant "neutral" third party in a war to share information with either of the warring factions?

Sharing intelligence is an act of war inconsistent with neutrality However, so is supplying arms to a belligerent. A neutral State must never assist a party to the armed conflict, in particular it ...
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  • 157k
1 vote

Is a resistance poisoning food a breach of the chemical weapons convention?

The stated facts for the questions Private Citizen of one country living in an area occupied by another country (Following: Occupied People) leave items that used to be food but are no longer after ...
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  • 16.2k
1 vote

Can Russian TV personalities who knowingly lie about Ukrainians to promote violence be held accountable for the war crimes?

Regarding the trial of Hassan Ngeze, his conviction was secured by the International Criminal Tribunal for Rwanda, a court that was established by UN Security Council Resolution 955. Russia has veto ...
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  • 165k
1 vote

Can Russian TV personalities who knowingly lie about Ukrainians to promote violence be held accountable for the war crimes?

Unfortunately, this depends on who organizes the trials. The international community is not comparable to a nation. In a nation, the legislative passes laws and the judiciary enforces them. If there ...
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  • 5,679
1 vote

Is it allowed to share propaganda materials for educational purposes? Materials that incite violence and justify killing of certain people?

in germany the shape matters The simple case Let's assume we have a video made by an organization advocating for a war of agression and you copy it wholesale, without commentary. You got into a ...
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  • 16.2k
1 vote
Accepted

How is "civilian infrastructure" defined in international humanitarian law?

Everything that isn’t a military objective is civilian Legal definitions don’t come much simpler than that. I guess you won’t be satisfied until you get the definition of a military objective though? ...
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  • 157k
1 vote

Can Francois Hollande end up before The Hague for war crimes?

Yes, one theory. Probably no, in practice Taking it as a given that the actions are war crimes and therefore engage the ICC’s subject matter jurisdiction, the people concerned are French and France is ...
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  • 157k
1 vote

Is assassination of presumed civilian informants considered a war crime and/or crime against humanity?

In addition to the answer by sharur, it must be said that it is not so clear when and if the Geneva Convention applies to civil wars. It is mostly an international treaty and whether it also applies ...
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