Originally Posted by
Polarbear1605
Law vs Law! says Polarbear as he pulls out his soap box and takes a step up. Analogue’s using cops and judges and rules of law drive me nuts, because we (and especially general officers) seem to confuse them all the time. The opposition party (at least in the US and it can be either the donkeys or the elephants) does it on purpose to undermine the folks in power. Example: Congressman Murtha calling the Haditha Marines “cold blooded murders”; before the investigation is complete btw. This is WAR and war is governed by the Laws of War and not by the Rules of Law. The difference is monumental at least in my mind.
The Rule of Law “is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed law adopted and enforced in accordance with established procedural steps that are referred to as due process”. For example, killing citizen is considered murder or manslaughter and the concepts of legal equality, presumption of innocence, Habeas Corpus, etc. are in play. The Rule of Law is also supported by a complete system of police, lawyers, prosecutors and judges. The US Rules of Law do not extend outside its borders. In addition, they do not exist in the county we are fighting in because the insurgents usually have killed the judges, police and other various government representatives.
The Laws of War defines the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians, wounded and POWs. The principles of distinction, military necessity and proportionality are in play. For example: Under the laws of armed conflict killing civilians is to be avoided (not forbidden) but can occur because of the need of “military necessity”. I have a hard time listening to anyone you says the US military does not go to extraordinary lengths to avoid civilian casualties.
Glaterza: Your correct, under the Rules of War this is manslaughter, however, under the Laws of War it is civilians being killed out of military necessity(if they are truly civilians and not combatants; remember if your dressed as a civilian and you pick up a weapon your now a combatant). I bet this one pegs everyone’s moral meter way over to one side.
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