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RE: [casi] Query on incitement to mutiny - the answer




I am not an expert, but I believe that individual soldiers are not guilty
of a war crime by going to war in the knowledge that the overall
justification for the war is questionable. In that situation, obeying
orders is a valid defence. However, 'obeying orders' is not a defence
against them directly committing a war crime, i.e. they would be guilty of
a war crime if they shot a prisoner of war, even if they were ordered to.

There's some quite interesting information about this at
http://website.lineone.net/~ccadd/dec_2000_mgt.htm which is the report of
a talk given by a Sir Hugh Beach to the Council on Christian Approaches to
Defence & Disarmament in 2000.

seb

On Wed, 19 Mar 2003 jem23@cam.ac.uk wrote:

> On the subject of soldiers and the law, if this war is illegal under
> international law, does that then make any British soldier who goes guilty
> of a war crime? Does obeying orders count as a defence, and conversely, do
> soldiers have the right under military law to disobey orders that might,
> say, involve them attacking civilians? If the answer to both is no, then
> soldiers would seem to be in a Catch-22 situation.
>
> Julie
>
> --On Wednesday, March 19, 2003 10:28 AM +0000 "Chris.Williams"
> <Chris.Williams@open.ac.uk> wrote:
>
> >  And, as ever, the moment I'd sent this off, I finally dug out the answer.
> > It's two years if convicted in Crown Court, three months if in a
> > magistrates' court. I love human rights, me.
> >
> > Chris
> >
> > -----Original Message-----
> > From: Chris.Williams
> > To: 'casi-discuss '
> > Sent: 19/03/2003 10:07
> > Subject: [casi] Query on incitement to mutiny
> >
> >  I'm not a lawyer, but for some reason or other I need to know how UK
> > law
> > currently stands on the issue of calling upon members of the armed
> > forces to
> > desert or mutiny. Can anyone on the list tell me, or point me in the
> > right
> > direction?
> >
> > Chris
> >
> > _______________________________________________
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> > All postings are archived on CASI's website: http://www.casi.org.uk
> >
> > _______________________________________________
> > Sent via the discussion list of the Campaign Against Sanctions on Iraq.
> > To unsubscribe, visit
> > http://lists.casi.org.uk/mailman/listinfo/casi-discuss To contact the
> > list manager, email casi-discuss-admin@lists.casi.org.uk All postings are
> > archived on CASI's website: http://www.casi.org.uk
>
>
>
>
>
> _______________________________________________
> Sent via the discussion list of the Campaign Against Sanctions on Iraq.
> To unsubscribe, visit http://lists.casi.org.uk/mailman/listinfo/casi-discuss
> To contact the list manager, email casi-discuss-admin@lists.casi.org.uk
> All postings are archived on CASI's website: http://www.casi.org.uk
>


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All postings are archived on CASI's website: http://www.casi.org.uk


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