67

The State Counsellor of Myanmar, Aung San Suu Kyi, has a Nobel peace prize and there are calls for some of her military leaders to be prosecuted for war crimes. She herself might also be complicit. According to Channel 4 reporting (Channel 4's interview with Professor Yanghee Lee, who is the UN Special Envoy, is available via that link): The United ...


59

I'm sure there's more, but here are the ones that I can remember: Henry Kissinger He served as the U.S. Secretary of State during both the Nixon and Ford administrations and received the Nobel Peace Prize in 1973. He has been accused of committing the following war crime: Source Violating Art. 25 of Hague IV for his role in the secret American bombings in ...


27

The use of force by the military (to include properly organized insurgents) is measured by military necessity, distinction, and proportionality. An attack is illegal if there is no military benefit to be gained, civilians are targeted directly, or civilian casualties are disproportionate to the military benefit. That means not every attack which kills ...


26

The closest I can think of is Henry Kissinger. He has accused by many of war crimes, with a judge in Argentina considering him a 'defendant or suspect'.


12

Here's my best shot at answering your question: Since the bombing was a military act carried out during wartime, it's highly unlikely that any legal action could have been taken. Nuclear bombs were a brand new weapon, and thus there were no existing rules regarding their use. But legal hypotheticals aside, the reality is that public opinion was firmly ...


10

Bernie Sanders wanted to in 1974, but later retracted his position, urging instead for funding cuts and reining it in. During the 2016 Democratic Presidential Primary, Hillary Clinton and surrogates attacked this old position for its radicalism. From what I can find online, no politicians currently serving advocate the termination of the CIA.


9

ISIS is not a member of the ICC, therefore it can't appeal to it. Intentionally killing journalists would be a war crime. However, if journalists are killed by an attack aimed at a legitimate target, it is not (otherwise armies would include journalists in every fighting unit).


9

Ron Paul spoke about the Gulf of Tonkin incident and referred to it as a metaphor for a ruse to start a war with Iran while speaking to Congress about the perils of the Iraq war. https://www.youtube.com/watch?v=fRB3UBz1KEQ


9

Her father was a diplomat and she may be able to claim immunity. Her father may have committed criminal conspiracy, but he is dead and can't be prosecuted for anything. Nayirah is living in Kuwait. It is generally impossible to try foreign citizens living abroad. The testimony was not given under oath, so perjury cannot apply. There are laws of "filing ...


8

Why is there no universal standard procedure for military intervention when it comes to genocide ? Actually, there is. The United Nations has a specific international law for Genocide called the "UN Convention on the Prevention and Punishment of Genocide". This international law binds all signatories and requires them to intervene in genocide incidents... ...


7

I largely disagree with your premise. Communism, to some degree fascism and in particular Nazism are ideologies that are on the agenda very frequently and in people's minds all the time in Europe. Nazi atrocities and the communist iron wall are taught in schools from a young age, and communism is in very recent memory of the entire Eastern Europe. Try to do ...


6

Unfortunately both the UNSC and ICC are subject to de-facto veto power of the leading major powers, making the legalities moot. As a moral and ethical question, the answer is, by definition implicit in the phrasing of the title question, no. As a practical question, the answer is and has always been yes, very sadly.


6

It's difficult to think of a formal decision by this tribunal that could directly conflict with national law. Unlike the EU Court of Justice or the International Court of Justice, the ICTY and other international criminal courts prosecute individuals. On the other hand, these tribunals rely heavily on states to collect evidence and execute arrest warrants. ...


6

International law generally prefers not to get involved in civil wars, which this is. Regardless, international law is customary rather than statutory, because there is no single entity with general powers of enforcement against states which violate it. Saying that something is "against" international law is, by itself, largely meaningless, except ...


5

To add to the list, Yasser Arafat was jointly awarded the Noble Peace Prize with two others in 1994, and has been later accused formally and informally of war crimes, terrorism, etc. For example: Seven French relatives of Israelis killed by Palestinian suicide bombers filed a complaint against Palestinian leader Yasser Arafat in a French court. They ...


4

In a state where rule of law prevails, the only forum which has the authority to judge if a certain action was legal or illegal is a criminal court.


4

For the ICC to consider a case it would have to be satisfied: That a crime had been committed that it was competent to judicate on. Murder is such a crime. If a civilian had been targeted by coalition soldiers that would be a murder and so would be within the remit of the court. That the crime occured in a country that was a signatory to the ICC, or the ...


4

Yes, from The Guardian: Dutch arms trafficker to Liberia given war crimes conviction Guus Kouwenhoven convicted of selling weapons to ex-president Charles Taylor during wars that involved mass atrocities An international timber trader who used his business as cover for smuggling weapons into West Africa in defiance of a UN arms embargo has been sentenced to ...


4

Because the crimes it investigated were the international crimes of "Genocide", "Crimes against humanity" and "Crimes against peace". These crimes are part of the structure of international criminal law, which developed after world war II in the context of the Nurenburg trials. The Allied powers tried, convicted and punished ...


3

All law grows out of the barrel of a gun. No UN tribunal can enforce any decisions. However, members of the UN Security Council can, and sometimes do. Should a UN Security Council member assemble a "coalition of the willing" -- or a coalition of the billing, as is more often the case -- and should other members of the Security Council not be ...


3

Kind of yes. All you need to argue is that the civilians are not really civilians, or that they didn't flee the combat zone fast enough after you gave sufficient warning. "not really", "fast enough", and "sufficient" leave enough wiggle room that diplomacy can then turn a war crime into just another battle, or the other way ...


3

The countries where the government is dependent on support of the populace don't do it because their populace doesn't demand it. Homo Sapiens didn't evolve to be altruistic to those outside one's tribe (naturally, 150 people closest to you; but you can socially hack that to enlarge the group - see Crusades being sold to people as "Fellow Christians suffering"...


2

Why is there no universal standard procedure for military intervention when it comes to genocide ? What you are talking about is often called "Humanitarian Intervention" and is a very complex field of study. It has a varied history, but to cut a long story short what you have to remember is that for it to be just, it should really be multilateral - that ...


2

There are very few international courts that can hear criminal cases, and every single one of them has extremely strict limits on what sorts of things it can handle. This is because unlike sovereign states, international bodies have no inherent authority to enact criminal laws, to arrest people, or to imprison people. The only authority they have comes from ...


2

What legal accountability, if any, was available regarding the atomic bombing of Hiroshima and Nagasaki around that time? None. Who could request an investigation into the incident? Could people who weren't US citizens request that the US government or other body investigate the incident? Would those investigating the incident be free to ...


2

One way to understand the Christian Europe is to look at all the cultural divides: North–South, East–West, Catholic–Protestant–Orthodox, Germanic–Romance–Slavic, and so on. A large part of European history can be summarized as Christian Europeans killing other Christian Europeans across one or more of these divides. The one thing all these groups have in ...


1

To address your new title q Is there any situation where a person who admitted to breaking the law in the interest of the United States can not be convicted legally? (which doesn't have anything to do with the body anymore) the answer is that they (probably) cannot be legally convicted if they have already been pardoned, which can happen before conviction ...


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