• On Chain of Command and the Personal Responsibility for War Crimes

    From fault tolerant systems@21:1/5 to All on Fri Jan 27 20:45:07 2023
    Marvin Barley
    What should a soldier in the chain of command do if he is given an order that represents a crime against humanity?

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    A soldier who is given an order that represents a crime against humanity is in a difficult and complex situation. In general, military personnel are expected to obey the lawful orders of their superiors, but there are some circumstances in which they may
    be required to disobey an order.

    One of the most fundamental principles of the laws of war is that soldiers must not carry out orders that they know, or should have known, would result in war crimes or crimes against humanity. The principle of "superior orders" is not a defense for
    committing war crimes or crimes against humanity.

    If a soldier believes that an order they have been given is a crime against humanity, they have a moral and legal obligation to refuse to carry out that order. They can report the order to their superiors, and if the order is not withdrawn, they can
    report it to higher-ups in the chain of command or to military justice authorities.

    Also, it's important to note that soldiers are not only bound to follow the laws of war, but also the laws of their country. Many countries have laws that criminalize the commission of war crimes, crimes against humanity, and other serious human rights
    violations. These laws apply to military personnel and other public officials, and they provide a basis for holding those who commit such crimes accountable.

    In summary, a soldier facing such an order should follow their conscience and the laws and regulations of their country, and if they believe it is a crime against humanity, they should report it to the proper authorities, and refuse to follow it.




    Marvin Barley

    What if a soldier is given a choice of obeying a command to execute a crime against humanity or have him executed himself?

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    If a soldier is given a choice of obeying a command to execute a crime against humanity or face execution themselves, it is a dire and difficult situation. The soldier is in a position of having to make an impossible decision.

    It's important to remember that in any war situation, soldiers are expected to follow the laws of war and the rules of engagement. They are not allowed to carry out orders that they know or should know would result in war crimes or crimes against
    humanity.

    The soldier in this scenario should first try to find any legal and moral way out of this situation by reporting the order to their superiors and to military justice authorities if it is not withdrawn. They can also try to find ways to minimize the harm,
    for example, by refusing to carry out the order in its entirety or by trying to limit the scope of the order.

    If the soldier is unable to find a legal and moral way out, he has to make a personal decision based on his own values and beliefs, but it's important to remember that in such a situation, they should not be held responsible for their decision as they
    were put in a position of an impossible choice by their superiors.

    It's also important to note that this is a very unlikely scenario and is not a common occurrence in the military, but it's important to have a general understanding of the moral and legal principles in case it happens.

    Marvin Barley
    In armies like Nazi army and Soviet army soldiers were often before choice of committing war crime or being executed themselves, don't you think?

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    Yes, in some cases, soldiers in armies like the Nazi and Soviet armies were put in situations where they were forced to choose between committing war crimes or facing execution themselves. This is a tragic aspect of war and history, and it's important to
    remember that such actions were and are illegal and morally reprehensible.

    It's important to note that in those armies, the chain of command was highly centralized, and the soldiers were indoctrinated with ideologies that legitimized the commission of war crimes and crimes against humanity. The soldiers were under the threat of
    severe punishment if they disobeyed orders, and this contributed to the perpetration of these crimes.

    It's also important to remember that in such armies, there were also soldiers who disobeyed orders, and paid a high price for it, including execution.

    It's important to acknowledge that soldiers in such armies were put in impossible situations, but it's also important to remember that they had a moral and legal obligation to refuse to carry out illegal and immoral orders, even if it meant risking their
    own lives.

    It's also important to note that this is not a justification for the actions of the soldiers, but an understanding of the context that led to this situation. It's important to remember that the responsibility for war crimes and crimes against humanity
    lies with those who gave the orders and those who carried them out, and they should be held accountable.

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