RULES OF WAR : In Conflict Between Individuals / Nations There Are No Rules : JUST SOCIETIES

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APR 9TH, 2024Are We Naive To Believe That There Are Actual Rules Of War?

Historical Note : My Lai Vietnam : US Servicemen Convictions : Presidential Pardon"March 1968, involving the mass murder of unarmed civilians in Sơn Tịnh district, South Vietnam, during the Vietnam War.^[1] Between 347 and 504 civilians were killed by U.S. soldiers from Company C, 1st Battalion, 20th Infantry Regiment and Company B, 4th Battalion, 3rd Infantry Regiment, 11th Brigade, 23rd (Americal) Infantry Division. Victims included men, women, children, and infants. Some of the women were gang-raped and their bodies mutilated, and some soldiers mutilated and raped children who were as young as 12.^[2][3] It is the largest publicized massacre of civilians by U.S. forces in the 20th century.^[4] ... Twenty-six soldiers were charged with criminal offenses, but only Lieutenant William Calley Jr., a platoon leader in C Company, was convicted. Found guilty of murdering 22 villagers, he was originally given a life sentence but served three-and-a-half years under house arrest after U.S. president Richard Nixon commuted his sentence."Understanding "Consecutively Settled Sovereign Peoples" CSSP International Law
A Brief Internet Search Reveals : In Simple Terms - Where There Are No Inflections Of Culture Or Faith-Based References :"In 2024, there are well-established rules of war, formally known as international humanitarian law (IHL). These rules outline what can and cannot be done during armed conflicts, with the primary goal of maintaining humanity, saving lives, and reducing suffering. Let’s delve into the key aspects:

1. Universal Applicability: The rules of war apply universally. The Geneva Conventions, which form the core of IHL, have been ratified by all 196 states. This level of global support is rare for international treaties1.

2. Balancing Objectives:
   • Weakening the Enemy: IHL regulates how wars are fought, ensuring that actions taken to weaken the enemy remain within humane bounds.
   • Limiting Suffering: Simultaneously, these rules aim to limit suffering, safeguarding civilians and combatants alike.
3. Consequences for Violations:
   • If the rules of war are broken, war crimes are documented and investigated by states and international courts.
   • Individuals can be prosecuted for war crimes, emphasizing accountability and justice.
4. The Geneva Conventions:
   • These are a set of treaties and agreements developed over more than a century.
   • They detail proper and humane treatment for various groups during conflicts, including active soldiers, prisoners of war, and civilians2.
5. Civilians Should Not Be Targeted:
   • A central tenet of IHL is that civilians should not be targeted. This principle applies to all participants, not just state actors3.

In summary, the rules of war play a crucial role in maintaining humanity amidst armed conflicts, and adherence to these rules is essential for a more just and compassionate world."

The Geneva Conventions"The Geneva Conventions are a set of international treaties and agreements that establish the rules of war. These conventions aim to protect individuals who are not actively participating in hostilities, such as civilians, wounded soldiers, and prisoners of war. Here are the key points about the Geneva Conventions:

1. Origin and Purpose:
   • The Geneva Conventions were first adopted in 1864 and have been updated and expanded over time.
   • Their primary purpose is to safeguard human dignity during armed conflicts.
2. Four Conventions:
   • There are four main Geneva Conventions, each focusing on specific aspects:
     1. First Convention (1864): Concerns the wounded and sick in armed forces on the battlefield.
     2. Second Convention (1906): Applies to the wounded, sick, and shipwrecked at sea during naval warfare.
     3. Third Convention (1929): Protects prisoners of war (POWs) and outlines their rights and treatment.
     4. Fourth Convention (1949): Extends protection to civilians in times of war and provides guidelines for their safety.
3. Common Principles:
   • The conventions emphasize humanity, including the prohibition of torture, cruel treatment, and degrading conditions.
   • They require non-discrimination based on race, religion, nationality, or political affiliation.
   • Medical personnel and facilities must be respected and protected.
4. Additional Protocols:
   • In addition to the four conventions, there are three Additional Protocols (1977) that address issues like non-international armed conflicts and the protection of civilian populations.
5. Enforcement and Compliance:
   • States that are party to the conventions are obligated to enforce and respect them.
   • Violations can be considered war crimes, and individuals responsible may face prosecution.
6. Universal Acceptance:
   • The Geneva Conventions have been ratified by all 196 states, making them one of the most universally accepted sets of treaties.

In summary, the Geneva Conventions play a crucial role in upholding humanitarian standards during times of conflict, ensuring that even in war, certain fundamental rights are respected and protected."

My Lai Massacre"The Geneva Conventions are a set of international humanitarian laws that establish standards for the treatment of individuals during armed conflicts. Let’s explore their applicability to the My Lai Massacre, which occurred during the Vietnam War.

1. Background on My Lai Massacre:
   • On March 16, 1968, during the Vietnam War, Lieutenant William L. “Rusty” Calley, Jr., and his platoon from Company C, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, 23rd Infantry Division (Americal), entered the sub-hamlet of My Lai in Quang Ngai Province, Republic of Vietnam.
   • Despite expecting heavy resistance, they encountered unarmed, unresisting Vietnamese civilians—elderly men, women, children, and babies—going about their daily routines.
   • The soldiers killed at least 300 civilians (possibly as many as 500) in what became known as the My Lai Massacre12.
2. Applicability of Geneva Conventions:
   • The Geneva Conventions apply to all cases of armed conflict between signatory nations, even in the absence of a formal declaration of war3.
   • The First Geneva Convention specifically deals with the treatment of wounded and sick armed forces in the field4.
   • However, the Geneva Conventions primarily concern protected non-combatants during war, including civilians and wounded personnel4.
   • The My Lai Massacre involved the deliberate killing of unarmed civilians, which directly violated the principles of the Geneva Conventions.
3. War Crimes and Accountability:
   • The term “war crimes” was not explicitly used in the Geneva Conventions, but they address “grave breaches”—the most serious violations of the conventions.
   • The massacre at My Lai constituted a grave breach of these conventions.
   • The United States took actions to ensure that such war crimes would not recur, making the Army a more ethical and professional institution1.

In summary, while the Geneva Conventions were applicable during the Vietnam War, the My Lai Massacre stands as a tragic example of their violation, leading to global outrage and subsequent efforts to prevent similar atrocities in the future."

Does The Geneva Convention Apply To The Wars Currently Being Waged By Russia In The Ukraine & By Hamas On Oct 7th, 2023; & By Israel Against Hamas?"Let’s examine the applicability of the Geneva Conventions to the ongoing conflicts:

1. Russia-Ukraine War:
   • The Geneva Conventions apply to this conflict. Both Russia and Ukraine are signatories to all four Geneva Conventions.
   • As an international armed conflict, these conventions fully apply12.

2. Hamas-Israel Conflict:
   • Hamas committed war crimes during its surprise attack on Israeli territory on October 7, 2023.
   • Violations include:
     • Killing Israeli civilians, including children, which violates provisions of international humanitarian law.
     • Indiscriminate rocket attacks against Israeli targets, endangering civilians and violating treaty provisions3.
   • The Geneva Conventions cover these violations, especially Common Article 3 (humane treatment of civilians and noncombatants) and Article 51 of Protocol I (protection of civilian populations)3.
   • There’s debate about applying international law to nonstate actors like Hamas, but customary international law and the Rome Statute of the International Criminal Court apply to them3.

3. Israel-Hamas War:
   • Israel’s military campaign in the Gaza Strip must adhere to international law.
   • The Geneva Conventions forbid using medical facilities to hide military units and employing civilians as human shields—both of which Israel claims Hamas does4.
   • Israel’s actions will be scrutinized by various observers, emphasizing the importance of compliance with legal guardrails3.

In summary, the Geneva Conventions play a critical role in regulating armed conflicts, ensuring the protection of civilians and humane treatment even during war."

The Rome Statute As Agreed Upon By Nations"The Rome Statute plays a significant role in relation to the ongoing conflicts involving Russia, Ukraine, Hamas, and Israel. Let’s explore its implications:

1. The Rome Statute and the International Criminal Court (ICC):
   • The ICC is the world’s first and only permanent international criminal court.
   • It was established in 1998 by the Rome Statute and became operational in 2002.
   • The ICC has 124 States Parties as of now.
   • Four crimes fall under its jurisdiction: aggression, crimes against humanity, genocide, and war crimes.
   • For the current situation, only the latter three are relevant, as the crime of aggression is excluded from potential application1.
2. Palestine’s Referral to the ICC:
   • Palestine joined the ICC in 2015 after depositing a declaration accepting the court’s jurisdiction and an instrument of accession.
   • In 2018, Palestine referred the situation to the ICC, asking for an investigation into past, ongoing, and future crimes committed within its territory.
   • The ICC’s Preliminary Examination led to the conclusion that war crimes had been committed by the Israeli Defense Forces (IDF), Hamas, and Palestinian armed groups1.
3. Charging Individuals with War Crimes:
   • Under the Rome Statute, the Prosecutor does not need to prove that an organization or a state had a policy to commit war crimes to charge individuals.
   • This makes war crimes charges “easier” to levy at the ICC compared to charges of crimes against humanity or genocide1.
4. Territorial Jurisdiction:
   • On February 5, 2021, the Pre-Trial Chamber I found that Palestine is a State Party to the Rome Statute.
   • The ICC’s territorial jurisdiction extends to the territories occupied by Israel since 1967, including Gaza and the West Bank12.
5. Hamas and Israel’s Actions:
   • Hamas leaders and personnel can be held accountable for committing genocide, crimes against humanity, or war crimes on Israeli territory or in Gaza.
   • The ICC’s founding Rome Statute provides the legal framework for addressing these violations23.

In summary, the Rome Statute empowers the ICC to investigate and prosecute individuals for war crimes, ensuring accountability and promoting justice in ongoing conflicts."

Veto Options At The United Nations Security Council Deflates The Relevance Of The Geneva Convention And The Rome Statute & The Enforcability Of The UN Charter"The United Nations Charter does not explicitly use the term “veto,” but it grants the power of veto to the five permanent members of the UN Security Council: China, France, Russia, the United Kingdom, and the United States. Here’s why:

1. Origins in the UN Charter:
   • Article 27 of the UN Charter states: “Each member of the Security Council shall have one vote.”
   • Decisions on procedural matters require an affirmative vote of nine members.
   • However, the power of veto applies to “substantive” resolutions, allowing any permanent member to block such resolutions1.
2. How the Veto Works:
   • A permanent member can veto any substantive resolution, preventing its adoption.
   • Abstention or absence does not prevent a draft resolution from being adopted.
   • The veto does not apply to procedural votes decided by the permanent members themselves1.
3. Controversy and Perspectives:
   • Supporters view the veto as:
     • A promoter of international stability.
     • A check against unilateral military interventions.
     • A safeguard against domination by any single country1.
   • Critics argue that the veto is:
     • The most undemocratic element of the UN.
     • A hindrance to addressing war crimes and crimes against humanity by permanent members and their allies1.

In summary, the veto power in the UN Security Council is both controversial and critical, shaping international relations and influencing global decisions."

Where Is The Voice Of The Individual Earth Citizen In Matters Of Security Of Person ?"The United Nations (UN) serves as a crucial public body that empowers individuals and nations to address conflicts and work toward peace. Let’s explore how the UN contributes to conflict resolution:

1. Mission of the United Nations:
   • The UN was established in 1945 after the devastation of World War II.
   • Its central mission is the maintenance of international peace and security.
   • The UN achieves this through various mechanisms and activities.
2. UN Security Council:
   • The Security Council has primary responsibility for international peace and security.
   • It determines threats to peace, calls for peaceful dispute settlement, and recommends ways to resolve conflicts.
   • Under Chapter VII of the UN Charter, the Security Council can take enforcement measures to restore peace, including economic sanctions and military action.
3. General Assembly:
   • The General Assembly is the main deliberative and policymaking organ of the UN.
   • It provides a forum for Member States to express their views and find consensus on difficult issues.
   • Recommendations in the form of General Assembly resolutions guide actions related to peace and security.
4. Preventive Diplomacy and Mediation:
   • The UN engages in conflict prevention using diplomacy, good offices, and mediation.
   • Special envoys and political missions work in the field to prevent conflicts from escalating.
5. Special Representatives and Envoys:
   • The Secretary-General appoints Special and Personal Representatives, Envoys, and Advisers in various regions.
   • These individuals play critical roles in conflict resolution and peacebuilding efforts.
6. Humanitarian Law and Justice:
   • The Geneva Conventions and other international humanitarian laws protect civilians during conflicts.
   • Violators can be prosecuted in the International Court of Justice.

In summary, the UN’s multifaceted approach—combining diplomacy, peacekeeping, and legal frameworks—empowers individuals and nations to work together toward a more peaceful world12."

Can Individuals Take Claims To The ICJ, The International Court Of Justice; And, Or, The ICC, International Criminal Court?"Certainly! Let’s explore the roles and possibilities for individuals in relation to the International Court of Justice (ICJ) and the International Criminal Court (ICC):

1. International Court of Justice (ICJ):
   • The ICJ is the principal judicial organ of the United Nations.
   • Its primary function is to settle legal disputes between states.
   • Individuals cannot directly bring claims to the ICJ. Instead:
     • States can bring cases against other states.
     • Individuals can be affected indirectly if their state represents them in a dispute.
   • The ICJ’s decisions are binding on the parties involved.
   • Notable cases include those related to genocide, territorial disputes, and human rights12.

2. International Criminal Court (ICC):
   • The ICC is a criminal court that deals with individual criminal responsibility for serious crimes:
     • War crimes, crimes against humanity, genocide, and aggression.
   • Individuals, including political leaders, military commanders, and others, can be prosecuted before the ICC.
   • The ICC operates independently of states and can initiate investigations on its own.
   • It aims to hold perpetrators accountable and provide justice for victims.
   • Notable cases involve individuals, not states2.

In summary, while the ICJ focuses on state-to-state disputes, the ICC focuses on individual criminal responsibility. Individuals can seek justice through the ICC when it comes to war crimes and crimes against humanity."

Are There Successful Cases Of Individuals Launching Complaints To The ICJ & Or The ICC?

Understanding "Consecutively Settled Sovereign Peoples" CSSP International Law

INTERNATIONAL CRIMINAL COURT TRIGGER MECHANISMS

WHO CAN FILE AN ICC COMPLAINT? : UNDERSTANDING THE ICC TRIGGER MECHANISMS : THE ICC OFFICE OF THE PROSECUTOR
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Are We Naive To Believe That There Are Actual Rules Of War?

Published By : Goodwin-RC : CEO +1News Central12507091809

APR 9TH, 2024

WORLD POPULATION CLOCK : WORLD DEBT CLOCKS : CLIMATE CHANGE CLOCK

In The Beginning     SINCE TIME BEGAN : Caveat : Forward Thinking Statement : Caveat : IN TRUTH WE TRUST     Until Tomorrow

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