Accumulated Evil of War Crime Law.
A recent lecture in Hobart on War
Crime Law by Professor Gerry Simpson provided an informative overview, but
somehow left me with too many unanswered questions. The whole idea of War
Crimes is a very modern concept that grew out of events in the Great War. Until
then wars were “natural” events that had occurred over the preceding several
thousand years. Massacres had always occurred, populations wiped out, territory
annexed by new masters. This was what Empire was all about.
Prof. Simpson suggested that the 1st
W.W. could have been resolved diplomatically after the assassination of Francis
Ferdinand in Sarajevo, but such were the aggressive foreign policies of the
Austrian-Hungarian Empire that they refused to negotiate a mutual settlement
and preferred to declare war on Siberia, a typical 19th cent
solution. When the war ended Germany was quite surprised at Allied attempts to
allocate blame for the conflict giving rise to the whole idea of war crimes.
The issue of responsibility for acts
of aggression are very close to my heart and I feel far too often such events
are not dealt with in a satisfactory manner within our current legal system.
The problem as far as my understanding is concerned, resolves around language,
the attempt to define what is a “War Crime”. Legal language or the juryfication
of war, [not sure whether there is such a word] revolves around the interpretation
of the meaning of words in a legal sense, and attempts to require antagonistic
parties to settle through negotiation becomes near impossible. Here in lies the
major problem when parties are not interested in accepting responsibility for
events and deflect their actions onto others. Did Hitler invade Poland or did
Germany? Was the German Army simply carrying out orders and so on? How many war
crime trials have travelled down this road. Lawyers love such banter, but does
it lead to what I would call justice in any meaningful sense.
The league Nations and later the
United Nations have never really been able to define what constitutes a legal war,
let alone enforce justice in numerous instances of genocide over the last
hundred years. The Armenian genocide in 1915, a trial run for the Jewish
Holocaust that was to later follow, although the details of the events have
never been addressed it seemed as though Western Powers at the time were more
intent in dividing the spoils of the Ottoman Empire than address such issues,
much I believe to their shame. Aggression may be defined as an unprovoked
attack on another, but war, what does the word really mean. In recent years
conflicts are no longer referred to as wars, it is as though the word has been
abolished altogether. We now become involved in peace keeping operations,
intervention only with the approval of the U.N, we need legal opinion to act,
to stop blatant slaughter of innocent people. We attempt what is called regime
change, but don’t call such acts war.
The reason for rephrasing the words
war crime being that it is a social issue, a personal action and thus does not
fall within the perimeter of war crimes. Wars require nations to undertake
them, We no longer declare war, rather attempt to rectify wrongs in the name of
humanity not states. After all we now all live in an International World. In a
way we have declared war on death, not on men or flags. The struggle to make
aggression a war crime in any true sense is not in the interest of nation
states. When we view the aggression by governments or insurgents against their
own people, cases such as Timor, Iraq, Cambodia, Syria, the list goes on, we
are not able to define these issues as war crimes in any legal sense. There is
no legal judgement for what is war, war is a political action not defined by
law. This view allows every country to carry out any action it desires for ego
or vanities sake, but never with without legal justification, this remains a
major problem to creating a peaceful world.
What then is a war crime if not the
massacre of innocent peoples. It is highly unlikely that current events in the
Middle East or Africa will be dealt with in satisfactory way and proper
punishment administered to those responsible. The issue of a legal definition
of war crimes urgently needs addressing, not confined as at present to events
between 1939 to 1945. Only then will any true justice prevail in this unequal
world.