Also, some may argue that punishing those who simply took orders is immoral in that they had no choice.
Furthermore, these tribunals and their hanging of common soldiers does not do much to deter war crimes. According to McMorran, many believe it is unlikely that men and women like Hitler and Stalin would have been deterred by the prospect of a war crimes tribunal. These men did what they did because they actually believed it was right. As one can see, it takes a certain state of mind to be able to wage this kind of war. These men acted as if they were on a crusade. It is unlikely that they would have stopped because they knew a war crimes tribunal was in their future. This model also applies to many of the other acts of aggression that have occurred since World War Two. The Rwandan genocide was fueled by those who believed the extermination of a people group was correct, and the September 11 terrorists also had a higher motivation.
Finally, war crimes tribunals do not necessarily help...
Conciliation seems to be more to the purpose, if opposing bodies are expected to work together to govern a country. Humphrey said in his study on From Victim to Victimhood, "By contrast, trials have played a much smaller role during political transition and thus have addressed far fewer victims. They have, however, been very important in re-establishing the authority of law and the state" (2003 184) What division of labor
"The United States engaged in a pattern of conduct beginning in or before 1989 intended to lead Iraq into provocations justifying U.S. military action against Iraq and permanent U.S. military domination of the Gulf. 2. President Bush from August 2, 1990, intended and acted to prevent any interference with his plan to destroy Iraq economically and militarily. 3. President Bush ordered the destruction of facilities essential to civilian life and economic productivity
U.S. Intervention in Middle East Conflicts: Iran-Iraq Conflicts: The relations between Iran and Iraq were hugely affected by Islamic Revolution as Iraq's president was worried that the emerging Shi'a regime in Iran would provoke uprisings in Iraq. Actually, Iraq became increasingly worried that the Islamic Revolution that emerged in Iran could spread to the country and topple the existing regime while replacing it with a theocracy. As Iraq's president was concerned that
Why are tribunals very important among two or more countries? If a nation is involved in claims with another nation, the question of how far each nation respects the independent sovereignty of the other and the integrity of its own judicial system arises. To this effect, tribunals play a crucial role of arbitrating the claims between the involved countries while at the same time recognizing and respecting the sovereignty and the
S. Congress 2006). Under a military commission's procedures and rules of evidence, the accused may present evidence, cross examine witnesses against him, and respond to evidence presented against him; attend all the sessions of the trial; and have the rights to counsel and self-representation. The bill does not grant him the right to see all the evidence against him to establish his guilt or innocence. It authorizes the Secretary to
The case involving Milosevic was has different sub-plots, as he would claim that the actions he took were to prevent the country from being overrun by terrorists. Yet, at the same time, as some of these atrocities were being committed, NATO would attack Serbia in an effort to halt these violations. In this aspect, one could argue that the actions taken by NATO were in violation of international law. As
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